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Resident urges rules to protect trees that span property lines during teardown projects
Summary
At the Sept. 13 Farmers Branch Sustainability Committee meeting a resident urged the committee to require developers to notify neighboring property owners before removing foliage that crosses property lines, citing repeated teardown projects that cleared mature trees.
A resident told the Farmers Branch Sustainability Committee on Sept. 13 that recent teardown-and-rebuild projects have repeatedly removed trees whose canopies or roots extended onto neighboring lots and asked the city to add simple requirements that would protect that foliage.
“I have witnessed a lot of these tear down, rebuild … projects going on. … the land is cleared of trees, including trees that are straddling neighboring properties,” the resident said. They said they found a single developer holding “15, 20 permits” in the city and said homeowners’ only recourse after vegetation removal is often an expensive civil suit.
Committee members and staff responded that a tree preservation ordinance under review by the Planning and Zoning Commission could address that concern. Alex (Sustainability staff) told the committee staff would check whether the demo-rebuild incentives or other program rules could include notification requirements and follow up with the resident.
The discussion identified two limits for immediate action: (1) Texas property law allows property owners to trim vegetation that crosses a property line and (2) civil remedies are often the only direct remedy for private property disputes unless the city’s development codes specifically prohibit the conduct. Committee members suggested options such as tying incentives to compliance, requiring developer notification of neighbors, or adding replanting requirements when mature trees are removed.
The committee did not adopt a formal direction or motion on the item during the meeting; staff said they would “check that out” and report back. The committee also noted that the Planning and Zoning Commission has been considering a tree preservation ordinance and that, if adopted, it might be the mechanism to regulate teardown-related tree removal.
The discussion occurred during the public comment portion of the Sept. 13 meeting and the committee did not vote on any changes to code during the session.
