City staff and legal counsel told the West Linn City Council on Sept. 2 that proposed tree-code amendments would shift responsibility for maintaining heritage trees on private property from the city to the property owner for any trees designated after the effective date, while continuing city maintenance for nine existing designated trees unless owners choose otherwise.

Megan Bigjohn, who led the presentation, said the amendments are intended to clarify technical standards, improve public information and ensure municipal code compliance with state law. "We wanted to ... make it very clear, and it would be clear in the code as well," Megan said of the revised designation and maintenance process.

Kaylee (legal staff) said the existing code requires that when a tree on private property is designated a heritage tree, it becomes a deed restriction and parks and recreation is currently obligated to maintain the tree until it dies or the designation is removed. Legal review and comparison with other Oregon cities (Portland, Tualatin) found most peer cities place maintenance responsibility on property owners. Kaylee said the city's recommended approach would grandfather the nine existing heritage trees that are on private property and continue city maintenance for those, while any heritage-tree designations after the code change (proposed Sept. 8 adoption) would make maintenance the property owner's responsibility.

City staff proposed creating a new nomination form and clearer deed-restriction language for future designations, plus an option for current owners to opt into the new maintenance arrangement if they wish. Kaylee said she would draft a revised packet section that clarifies removal criteria (for example, dead, dying or hazardous) and cleanly separates designation, plaque language and maintenance responsibility.

Councilors generally indicated support for the approach. Staff also told the council that additional outreach and a FAQ will be posted to help residents understand permits, pruning standards, ownership issues for trees on property lines, and how invasive pests such as emerald ash borer and Mediterranean oak borer may affect permit allowances and disposal requirements.

The council is scheduled to consider formal adoption of the code amendments at the Sept. 8 business meeting; no formal vote occurred at the Sept. 2 work session.