Council directs attorney review of proposed tree ordinance after members raise enforceability and scope questions

Councilors reviewed a proposed tree ordinance that would expand protections and create permit and penalty provisions. Staff presented model language (citing Lincoln City examples) and the city attorney’s memorandum on legal constraints. Councilors raised concerns about an apparent loophole that allows many small-diameter trees to be removed without a permit, and suggested adding a threshold—examples discussed included limiting unpermitted cuts to no more than 10 trees below the diameter threshold before a permit is required.

Council members emphasized that the city must balance protecting trees and not unduly restricting development; staff warned that recent state legislative changes limit how far municipalities can constrain development without plan updates. The attorney will review the draft for legal defensibility and recommend any needed comprehensive plan changes. Members also discussed whether hazardous-tree removal should require arborist verification; the discussion emphasized that truly hazardous, visibly failing trees should be permitted for removal without undue delay, while abuses of “hazard” claims should be deterred with enforcement.

On penalties and enforcement, the attorney’s memo suggested a range of penalty language; staff recommended further work to align remedies with state law. Members asked where mitigation funds would be held and who would administer them; staff said similar funds are often managed through street or project funds and that detailed procedures would be needed. The council directed staff to send the draft to the city attorney for final cleanup and legal review and to bring back a revised draft prior to public hearings.