Lakeville staff outline tougher tree‑preservation ordinance with 40% residential threshold and a two‑year look‑back

City staff presented an outline of a proposed tree‑preservation ordinance at the May 27 Lakeville work session, describing scope, replacement math, credits for preserved woodlands and heritage trees, and a “look‑back” rule to discourage large clearings immediately before development applications.

Jason, a Community Development staff member who led the presentation, said the proposed ordinance would apply to new subdivisions, most new building construction on vacant or developed lots where the footprint expands, and residential tear‑downs that enlarge an existing dwelling; it would focus protection and replacement requirements on higher‑value “heritage” trees rather than every tree on a site. "We're really looking to keep this affecting new development at the time of subdivision, much like it is now," Jason said.

Key elements staff discussed:

- Scope: application to subdivision, new construction, and teardowns where footprints expand; emphasis on heritage or higher‑value trees rather than every tree on site. - Look‑back provision: staff proposed that if a site experienced a total tree removal greater than 2 acres within two years before a development application, the ordinance would apply to that pre‑application clearing (aerial imagery would be used to document prior condition). Staff said the two‑year period mirrors practices used by other cities and is intended to prevent clearing intended to avoid preservation rules. - Removal thresholds: staff initially proposed a 50% removal threshold for residential zoning and 70% for commercial/industrial; after discussion staff said they would bring a version showing a 40% residential threshold to the commissions for consideration. Council discussion favored a 40% residential threshold with a woodland credit to incentivize preservation. - Replacement math and credits: the draft prioritizes preservation of higher‑value hardwood/deciduous trees. For inches removed above the threshold, hardwood deciduous trees require replacement at a 1:0.5 ratio (half the diameter inches removed must be replaced), while heritage trees require 100% of removed diameter inches to be replaced. Replacement trees are tallied using a 2.5‑inch caliper as a unit; staff said the cumulative inch total is divided by 2.5 to determine the number of replacement trees required. - Fee in lieu: if replanting is infeasible on site, a fee in lieu would be charged; staff said the fee is intended to reflect the estimated cost of planting and establishing the required trees so there is no financial advantage to paying rather than planting. - Credits: the draft includes credits for preserved heritage trees and a proposed “significant woodland” credit to reward preservation of tree groups rather than scattered specimens. - Compliance and survey work: the ordinance would require a factual tree inventory and signed documentation such as a certified tree survey; staff said they routinely require inventories as part of submissions. -…