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Dayton discussion of tree ordinance, Tree City USA and emerald ash borer response highlights private‑property limits
Summary
Commissioners discussed pursuing Tree City USA, revising the city’s tree ordinance to allow limited authority for hazardous/disease trees, and the city’s current approach to Emerald Ash Borer inspections and right‑of‑way removals.
Members discussed pursuing the Tree City USA designation and updating the city’s tree ordinance to broaden protections and allow limited action on diseased trees.
Commissioners said Tree City USA requires an Arbor Day proclamation, a tree board and a spending threshold (roughly $2 per capita annually, which can include equipment hours). Commissioners said Dayton likely meets the spending threshold and that a draft ordinance is with planning and the city attorney for revisions.
Commissioners and staff discussed whether the ordinance should give the city authority to act when a tree is diseased and threatens other trees or public safety. Staff clarified there is not currently a program that authorizes routine removal of trees from private backyards; the city’s existing practice is to inspect and remove trees in the public right of way and to offer arborist inspections for residents. Staff said they do not intend to compel immediate removal of privately owned trees without further process.
Commissioners raised questions about how enforcement would work and whether the city would inspect private property. Multiple speakers said they supported education and outreach — for example, repeating arborist presentations at the city open house and including tree‑selection guidance in a newsletter — and expanding free tree giveaways to encourage planting of species more resistant to pests.
Members also discussed cost‑recovery options if the city removed a diseased tree on private property (for example, long‑term assessment to a homeowner’s tax bill) and noted other jurisdictions assess costs across multiple years. Several speakers urged caution about ordering removals on private property and emphasized that any ordinance language should be clear about whether action is mandatory or discretionary for the city.
No formal ordinance was adopted at the meeting. Commissioners asked staff and the city attorney to finalize revisions and return a draft ordinance and an implementation plan (including outreach and cost implications) for future consideration.
