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Windcrest council forms Heritage Tree Committee, residents press for clarity on property rights

City Council, City of Windcrest · October 7, 2024
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Summary

Council established a mayoral Heritage Tree Committee and voted that it follow the Texas Open Meetings Act after residents raised concerns that a proposed 'heritage tree' program might restrict property owners’ ability to remove or trim trees; the mayor and staff said designation would require owner collaboration and no current ordinance restricts tree removal.

The Windcrest City Council voted to form a mayoral Heritage Tree Committee and directed it to follow the Texas Open Meetings Act, after residents expressed concern that a proposed heritage‑tree program could allow city intrusion onto private property.

During public comment, Arthur Edward Brady Jr. told the council he had been cited by an officer while cutting a tree on his property and demanded to know "what gives you financial responsibility to tell me what I can and cannot do on my property." The mayor and staff repeatedly clarified that Windcrest does not currently have a heritage‑tree ordinance and that the committee is a concept to develop recommendations, not an immediate change to property rights. "There is nothing written... if someone was told that... they're gonna come into your yard and do anything, that's not true," the presiding official said.

Councilmembers discussed the committee’s scope and membership and whether the committee should include outside experts. Speaker 7 said she had suggested including a Texas A&M Forestry representative and noted volunteers from a local nonprofit, Bear Branches, had offered arborist support. Staff explained that once a tree is accepted as a heritage tree by council it would be designated with a small plaque and listed in a heritage‑tree database, but that the owner's collaboration would be required for listing. As staff put it, the designation "says nothing about coming on the property... it will only happen with the collaboration of the owner and the council."

The council voted in favor of a motion directing the Heritage Tree Committee to follow the Texas Open Meetings Act. Councilmembers asked staff to circulate definitions and to return with specifics on the committee’s membership and any permitting processes before any ordinance or regulation is considered.

Next steps recorded in the meeting record include the committee formation and staff follow‑up to circulate definitions and scope prior to drafting any ordinance language.