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Committee approves revised tree-protection ordinance to expand eligible trust-fund uses, lower replacement caliper
Summary
The Rules Committee approved a rewritten tree-protection ordinance on March 31 that expands allowable uses of tree-protection trust funds, reduces replacement-tree caliper requirements, and allows fee waivers for certain affordable-housing projects.
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The Rules Committee on March 31 approved a substitute to the city's tree-protection code that widens how ordinance-generated tree-protection funds may be used, reduces the required caliper for replacement trees, and creates a waiver pathway for mitigation fees tied to affordable housing projects.
Key changes approved in the substitute (bill 20250102): the ordinance code trust fund for tree protection may now be used to pay the salary and benefits of city landscape architects, arborists and urban foresters who work exclusively on ordinance-funded projects; the fund may also be used to buy equipment needed by those positions, with major equipment purchases (over $75,000) reviewed by the Tree Commission before recommendation to mayor and council. The substitute reduces the minimum replacement-tree caliper for exceptional specimen or protected live oak replacements from 4 inches to 2 inches and allows smaller trees to be planted in groups when certified by a city arborist or urban forester that spacing gives a reasonable chance of survival. The bill also authorizes a waiver of tree-mitigation fees for qualifying affordable or workforce housing projects and removes a requirement that replacement trees for illegally removed trees be at least 4-inch caliper.
Why it matters: Sponsors said the changes will make it easier and more cost-effective to plant and maintain trees required under city code. City staff and the Tree Commission chair participated in drafting the substitute, and the committee recorded broad agreement among stakeholders during the meeting. Council members also said the change responds to nursery-market realities that make larger caliper planting stock harder to source and more costly.
Process safeguards: The substitute requires the Tree Commission to review necessity of new staff positions or major equipment expenditures tied to the fund and report recommendations to the mayor and council. The sponsor said he plans to offer a sunset amendment in the Land Use & Zoning (LUZ) committee to revisit the affordable-housing mitigation waiver after five years, at the commission's request.
Vote and next steps: The committee adopted the substitute and then passed the bill as substituted (recorded vote 7-0). The bill will proceed to additional committees or full council per the regular ordinance process.
