FAYETTEVILLE, Ark. — The Fayetteville City Council on July 1 voted to table a request to vacate a 0.95-acre tree-preservation easement on the Ozarks Electric campus at 3661 West Weddington Drive after continuing disagreement over mitigation requirements and long-term maintenance responsibilities.

City urban forestry staff had recommended that the applicant be allowed to vacate the existing easement only if the owner dedicated a new 2.3-acre tree-preservation easement and completed an invasive-species removal program paid for by the applicant, with a three-year maintenance contract held by a performance surety equal to 150% of the work estimate. Staff described the new easement as abutting an existing 5.3-acre easement to the south and said the changes would leave roughly 4.5 developable acres adjacent to Persimmon Street.

The applicant and the Urban Forestry Advisory Board offered a different approach. The applicant proposed a 2.0-acre replacement easement and asked staff to accept the owner’s existing maintenance contractor and a three-year contract rather than a bond. The advisory board voted to support the applicant’s proposal and omit the previously required planting of 48 mitigation trees.

"That's correct," urban forestry planner Willa (staff) said when asked whether staff was no longer seeking additional planting. Willa told council that staff changed its recommendation after the advisory board meeting but still favored a 2.3-acre dedication and an invasive-removal plan implemented by a local ecological-restoration organization approved by urban forestry staff.

Jenny Burbage, a landscape architect representing the owner, told council the property has been maintained by a commercial contractor, All Terrain Tree Service, which performs "underbrush mowing and mulching" and that the owner would provide maintenance contracts if required. "Their request would be that the active management of the existing preservation and the proposed be the same. And currently, we're happy to provide those contracts, and with, you know, in a guarantee for 3 years," Burbage said.

Council members and staff debated several enforcement and code questions, including whether city code gives staff authority or capacity to enforce multi-year invasive-species work on privately held easements. Development services staff said the city recently added an urban forester position and intended to audit and enforce existing easements going forward.

After questions from council members about wording, enforcement and whether the applicant had been fully briefed on staff conditions, a motion to table the item until the next meeting passed. No final action to vacate the easement or to require the revised mitigation and maintenance plan was adopted on July 1.

The council made clear that when the item returns it will include clarified, codified recommended language and a path for enforcement and release of any maintenance requirement following the three-year period.

Council action: Item was tabled to a future meeting; no vacation was approved on July 1. Staff and the applicant were asked to return with clarified, enforceable language about the scope of invasive-species removal, payment/security and who may approve the maintenance provider.

Why it matters: The dispute pits goals of preserving contiguous canopy and stream buffers against property-owner requests for flexible mitigation and relies on the city’s ability to enforce multi-year ecological restoration on private property. The result will affect how Fayetteville negotiates tree easement relocations elsewhere in the city.

What’s next: The council directed staff to bring a clearer, codified recommendation back at a later meeting for council action.