Oak Harbor reviews Garry Oak protection code; advocates call for clearer definitions and enforcement

Parks staff reviewed the city’s Garry Oak protection code (chapter 20.16 of the municipal code) and described several areas staff and commissioners said need clarification, including definitions, enforcement language, permitting procedures and responsibility for tree maintenance. The item was informational; the commission did not take formal action but asked staff to pursue subcommittee review with stakeholders.

Why it matters: Garry oak trees in Oak Harbor are locally valued for ecological, cultural and historical reasons; several groves and older trees predate Euro-American settlement, and the code governs removal, trimming, critical root zones and mitigation steps that affect park renovations, street-tree work and future plantings.

History and public comment: Public comment opened the discussion. Kyle Reininger of the Garry Oak Society provided a brief history of local protection efforts and described how the current code evolved from a 1991 resolution into the municipal code with five subsequent revisions. Reininger said the society supports the ordinance’s intent and its balance but asked for more consistent enforcement at sites where permitted trimming was not obtained.

What staff presented: Parks staff outlined the ordinance structure (harm prohibited; permits for removal/topping/trimming; variances) and noted changes since the original resolution. Key technical points staff highlighted include: - The city uses a prescriptive critical-root-zone measurement that protects one foot of root zone per inch of trunk diameter (staff said this makes field measurement simpler). - Cutting roots greater than 4 inches in diameter is prohibited, even if the roots fall outside the critical root zone. - Administrative variances may allow hard surfaces on up to 25% of the area inside a tree’s drip line where no practical alternative exists. - The code states the director shall respond to permit requests within 10 days; staff recommended updating that role now that the city arborist and the parks department administer these responsibilities.

Commission discussion and concerns: Commissioners and staff discussed several recurring issues: whether the ordinance discourages planting of young Garry oaks in urban settings (because the protections can limit future adjustments), whether the removed penalty section should be restored to create enforceable consequences, and whether the ordinance should explicitly allow relocation of younger trees under arborist supervision. Staff said some Garry oak plantings in parks and streets have not thrived, and cited cases (Veterans Memorial Park, Flintstone Park) where replanting decisions and removal/relocation raised practical concerns.

Direct quotes from the meeting include Kyle Reininger’s public comment: “Overall the Garry Oak Tree Protection Code, we feel, is in a really great place. It's very balanced, It's very fair.” Parks staff summarized a technical change: “We aligned the code so that it's more prescriptive... for every inch of diameter of the tree, you protect 1 foot out.”

Next steps: Parks staff recommended a subcommittee review that invites the Garry Oak Society and local garden clubs, updates to chapter definitions (for example, critical root zone and terms such as “public welfare/safety”), restoration or revision of penalty/enforcement language, and clarification of administrative roles now handled by the parks department and city arborist. No formal vote or ordinance amendment was made at this meeting; staff said they will bring proposed code edits to a parks subcommittee for stakeholder review and then return recommendations to the commission.

Context: Staff noted the municipal code currently lists Garry oaks as protected trees and that many related project decisions (Flintstone Park reconfiguration, Centennial Grove plantings, street-tree work) will depend on clarified protections and permitting guidance.