Fountain Hills adopts tree-protection ordinance to strengthen town’s recourse against damaging work

Fountain Hills Town Council voted unanimously to adopt Ordinance 25-05, adding a tree-protection chapter to town code (chapter 9, article 7.9) to set standards for pruning, valuation and penalties for damage to town-owned trees.

The ordinance creates a formal process for the town to require damage evaluations by a town designee or a contracted arborist and to require replacement or financial compensation when work harms trees on town property. Director Snipes, presenting the ordinance, said the change was intended to prevent contractors and utilities from effectively replacing mature shade trees with small, short-lived specimens. "We actually get the value of the tree versus them coming back and going, my bad and giving us a 15 gallon tree for a 50 year old tree. That's not a fair trade," Snipes said.

The code applies to trees on town-owned property — parks, medians and rights-of-way administered by public works and community services — and establishes definitions, acceptable pruning methods and penalties for noncompliance. Council members asked whether the ordinance would affect residents' trees adjacent to the right-of-way; staff replied that residents remain responsible for trees on or adjacent to their property but must obtain written permission to plant in the right-of-way. Justin (Public Works staff) told the council that if a planting is proposed in a right-of-way it would be reviewed by public works or community services depending on location.

Council members also asked whether the ordinance includes a published list of acceptable species; staff said the list is included in the ordinance and is updated regularly and based on statewide guidance. The council approved the ordinance on a 6-0 roll-call vote.

The new code changes put an objective valuation and enforcement process in place to protect the town's canopy and the infrastructure that supports it.