Council advances Century Code update after heated debate on tree-preservation exemptions and thresholds

The Eau Claire City Council spent more than three hours July 26 debating amendments to a citywide Century Code update — a repeal-and-replace of the land development code that included a contentious set of proposed tree-preservation rules. After several votes on specific amendments, the council moved the whole amended code back to the Plan Commission for review and postponed final action until the commission completes a public hearing and returns recommendations.

Council members and staff repeatedly framed the tree-preservation provisions as attempts to balance long-term canopy protection with housing affordability and development economics. Council Member Schoen, the lead mover of a package of four amendments aimed at narrowing the code———————————'s reach, said she wanted the policy to focus on large-scale land clearing by private developers rather than imposing heavy mitigation costs on small-lot homeowners. "Those early conversations were spurred by instances where large-scale developments clear-cut tens of acres," Schoen said. She asked the council to refocus the policy so it would not unintentionally penalize modest infill or affordable-housing projects.

The council divided Schoen——————'s amendment package and voted on each element separately (votes below). Highlights:

- Exemption (strike 10,000-square-foot threshold): A motion to remove the 10,000-square-foot exemption — which would have narrowed the scope of the ordinance and thereby exposed more small lots to preservation rules — failed 6–5.

- Affordable-housing exemption: The council approved an exemption for certain affordable-housing projects. Under the adopted wording, projects that include at least 25% of units affordable at or below 60% of county median income (deed-restricted for 30 years) would qualify for the exemption; that amendment passed 9–2.

- Simplified review threshold: The council voted unanimously to increase the threshold that qualifies a project for a simplified permit review from removal of five high-value trees to removal of 10. Supporters said the change reduces administrative burden for modest projects but retains mitigation standards.

- Diameter threshold: A proposal to raise the diameter-at-breast-height (DBH) threshold for protected trees from 12 inches to 14 inches — which would have narrowed the number of trees protected — failed 4–7. Council members who opposed the change cited the long time horizon for tree growth and the loss in canopy volume that the change would represent. Council members who supported it cited the risk that overly stringent rules could push developers to build outside the city, where no protections exist.

City staff and the City Forester warned that the proposed code, as written, would be difficult to administer with current staffing levels. The City Forester said inspections and permit management for many private-lot removals would create an operational burden that could divert resources from public-tree maintenance.

The Century Code is a complex package that also included other zoning amendments. The council approved several non-tree items during the session, including a uniform 15-foot front-loaded garage projection for 1–4 unit residential structures and a reduction in required design elements for multi-building developments (from three of seven to two of seven), both measures the council said would allow modest housing options and simplify design requirements. The council also considered map-based changes for specific neighborhoods; one neighborhood amendment (Randall Park) was approved 6–5 and will be reflected in the revised package returning to Plan Commission.

After making amendments, the council voted to send the amended code to Plan Commission for review and a public hearing, and then to postpone final enactment until the commission returns its recommendations. Several council members said they wanted the additional review to give members of the public and the Plan Commission a chance to weigh in on the specific amendments the council had adopted or rejected.