Finance committee advances changes to street-tree protections, sponsors seek clearer enforcement language

The Finance Committee on Aug. 25 advanced a proposed amendment to the Madison General Ordinances that would strengthen protections for street trees and create a city street tree replacement fund, while sponsors and city staff said clarifying language and a substitute ordinance are expected before the measure reaches the Common Council.

The item (Legistar 89254) was moved and seconded for adoption in committee. After discussion the committee recorded a favorable committee recommendation, with Alder Figueroa Cole voting no.

Committee members and public registrants emphasized two recurring concerns: (1) the ordinance’s geographic reach — whether the tree-protection zone could extend onto private property — and (2) the process for enforcement actions such as suspending or revoking right-of-way permits. Robert Proctor of District 4, representing the Realtors Association of South Central Wisconsin, said protecting street trees is universally supported but urged clearer, practical language. "We think it's important to make crystal clear that the tree protection zone ends at the property line," Proctor said, adding that contractors and owners need a way to cure violations quickly so that a suspension does not force a costly site demobilization.

Carol Schafer of West Main, representing Smart Growth Greater Madison, echoed that request and asked for more industry engagement during drafting. "We support greatly the mission of supporting our urban forest, but also wanted to be able to do it in a way that doesn't put an undue punishment on a mistake that could happen," Schafer said, urging that any enforcement include a rapid cure process.

City forestry staff and sponsors described the proposal as focused and not a blanket restriction on all street trees. Mayor (speaking from the chair as a sponsor) said the ordinance applies when a developer and the city have explicitly agreed that an existing tree is worth saving. "If we are agreeing between us that this is a tree worth saving, then you have to do that. And if you don't do that, there are consequences that are meaningful," the Mayor said, while also noting staff are drafting clarifying language and that a substitute ordinance is expected after plan commission and Board of Public Works review.

Charlie Romines, city forestry superintendent, explained the proposed street tree replacement fund’s primary purpose: to provide a mechanism for developers to fund mitigation when protected trees cannot be saved on-site and there is no feasible location adjacent to a project to replant. Romines said the fund also would let the city accept donations to support urban-forest work.

Committee members asked staff about fees and valuation. Romines said the city maintains a regularly updated fee schedule — used for removal and replanting costs — rather than encoding fees into the ordinance. He also said the city uses an established tree-value guide that accounts for species, condition and site context to determine a tree’s monetary value rather than an arbitrary figure.

Several members noted the item was under parallel review in other committees: plan commission, Board of Public Works (the lead body for street rights-of-way) and the sustainability committee. Sponsors and staff said they expect amendments to be drafted after tonight’s committee and plan commission work so the substitute can be considered by Board of Public Works and then the Common Council.

The committee record shows the item was moved and seconded and the committee recommendation forwarded with one recorded no vote (Alder Figueroa Cole). Staff and sponsors said clarifying substitutions are likely and welcomed collaboration with industry groups and advocacy organizations before final council action.

For further details, the ordinance title in the agenda is "Amending and creating sections of the Madison General Ordinances to enhance the city street tree protection provisions and establish a street tree replacement fund" (Legistar 89254).