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Council approves vacation of 0.95‑acre tree preservation easement with 2.3‑acre replacement and prescribed burn condition

July 15, 2025 | Fayetteville City, Washington County, Arkansas


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Council approves vacation of 0.95‑acre tree preservation easement with 2.3‑acre replacement and prescribed burn condition
FAYETTEVILLE, Ark. — The Fayetteville City Council on July 15 approved Vacation25‑13, allowing the vacation of a 0.95‑acre tree preservation easement at 3661 West Weddington Drive, contingent on two conditions: dedication of a roughly 2.3‑acre replacement tree preservation easement and completion of a prescribed burn to reduce invasive species and improve native canopy health.

John McCritt, development services director, summarized the request and explained staff had coordinated with the applicant and urban forestry staff to arrive at recommended conditions. The replacement easement was described as adjacent to an existing tree preservation tract on the Ozark Electric Campus. McCritt said the prescribed burn is viewed as a preferred method to remove invasives and promote species diversity and is expected to be implemented by the end of 2026 when seasonal conditions allow.

Applicant and public comment

Applicant representatives said they agreed with the amended ordinance. Jenny Burbage of Prisma Design Studio said the owner was “in full agreement with the ordinance” and available for questions.

Council action

Councilmember Burnett moved to amend the ordinance to include the conditions drafted by the city attorney and staff; that amendment passed on roll call. Council then adopted the ordinance as amended and, after the third reading, approved Vacation25‑13 with the two conditions. The ordinance requires the applicant to provide a copy of the prescribed‑burn contract and an itemized quote before the vacation becomes effective; if the contract is breached, the applicant must deposit the contract amount into the city’s tree escrow account. Implementation of the burn must occur before the end of 2026 with proof of payment provided to urban forestry staff.

Why it matters

The conditions are intended to offset the loss of canopy protection at the original easement by preserving a larger area and improving ecological function on the replacement easement. Urban forestry staff cited long‑term gains in species diversity at locations where prescribed burns have been used.

Ending

The ordinance takes effect upon certification and filing with Washington County circuit clerk records once the applicant meets the certification and prescribed‑burn consultation conditions required by the ordinance.

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