Kerrville council approves tree preservation ordinance after public questions on development exemptions

The Kerrville City Council approved a second-reading ordinance creating a new tree-preservation article in Chapter 46 of the city code, voting 4-1 on Jan. 28, 2025.

The ordinance, read into the record at second reading as “ordinance number 25 20 25 0 1,” adds regulations intended to require tree surveys and preservation plans for new development on unplatted property and authorizes penalties up to $2,000 for violations. Council discussion and three citizen speakers focused on how the rules would apply when developers present rezoning or plat requests and on variances and enforcement.

Why it matters: The measure is intended to protect trees on undeveloped tracts as the city implements its long-range plans, including the 02/50 plan referenced during public comment. Supporters said the ordinance is a first step to preserve Kerrville’s character; critics and neighbors urged clearer language to limit tree removal when developers reapply or delay construction.

Bill Rector, a resident who addressed the council, thanked members for the ordinance and tied it to broader community plans: “I’m here really to thank you for getting to this point with the difficult ordinance. You studied it hard. You’ve considered how to make it fair to everyone, and I wanna thank you for your hard work to get to this point.”

Neighbor Nikki Cains asked whether the ordinance applies when developers bring proposals for zoning and whether that constitutes a plat. She said some projects that received city approval later returned and cleared trees before building: “So my first question is, does that mean it's platted? Because they're actually coming to you and asking for your approval when they're at the same time, they're actually saying it's platted.”

City staff member Mike Hayes responded directly to that point: “This ordinance applies to all new development on unplatted property. So if they come to us and their property is already platted, then it wouldn't apply to their property.” He added that developers would be required to submit a tree survey as part of the platting process and that replats and rezoning of already-platted property are not covered by the new rule as written.

Another speaker, Pablo Brinkman, urged the council to anticipate future tweaks: “I think this is not perfect, and I think you're gonna have every developer's gonna be coming up here going ouch… There’s going to be opportunity to tweak change or to consider, not pull back, but maybe go a different direction.”

Staff acknowledged open questions and pointed to section 10 of the ordinance, which directs the city manager to report back to council within a set period after the ordinance becomes effective to assess implementation and recommend amendments if needed. A council member described the ordinance as “a first step” and said staff will return with suggested adjustments as issues arise.

Council action: A motion to approve the ordinance on second reading passed 4-1. The transcript shows the vote as “Passes 4 to 1.” The ordinance had been modified between first and second reading to address council issues, and staff said there were no other substantive changes from first reading aside from those edits.

What’s next: Staff will implement the tree-survey and review procedures for new, unplatted development and report back to council within the timeframe established in section 10 of the ordinance to recommend needed amendments.

Ending: Residents and developers who raised concerns were told those implementation questions would be monitored and that council could revisit the ordinance if problems emerge.