Milwaukie staff propose steeper fees, protections for large and rare trees; council raises equity and process questions

City staff presented proposed updates to Milwaukie—s Tree Code on Dec. 2 that would increase financial penalties for large-tree removals, raise mitigation triggers, and establish clearer standards for residential removals tied to infrastructure and safety.

Public Works Director Peter Passarelli and Employment & Natural Resources Manager Katie Devares told council the recommendations respond to repeated loss of large, mature trees during development and aim to better align fees with the public benefits of older trees. Among the principal changes staff outlined:

- Significant-tree removal fee: a new surcharge for trees 30 inches DBH (diameter at breast height) or greater. Staff proposed a fee of $150 per inch DBH for trees 30.0'0'035.99" and $200 per inch DBH for trees 36" and larger to supplement existing canopy mitigation payments.

- Canopy mitigation restructure: raise the mitigation threshold from 30% to 40% site canopy (to match city canopy goals) and adjust in-lieu fees to start at $4,000 with $2,000 increments for each additional 8% reduction below the threshold; staff illustrated a larger maximum fee (about $40,000 for full-site clearance under the proposed scale, compared with a $16,000 current maximum).

- Rare and threatened species list: staff will develop an administratively maintained list (urban forester Alfred Musali and Tree Board input), to be adopted by staff by Jan. 2026; rare species would carry an additional preservation surcharge and a higher unpermitted-removal enforcement fee ($350 per inch DBH) to close enforcement gaps.

- Residential code clarifications: allow removal of trees within 10 feet of an existing dwelling unit that are causing infrastructure damage, and introduce a transparent reasonableness standard for other cases (examples included preservation being reasonable if alternative construction costs are up to 20% of project cost for small residential repairs, and higher multipliers for infrastructure or significant-tree cases).

Councilors largely endorsed the goal of stronger protections while probing specifics. Several raised equity concerns: on very small residential lots (for example, a homeowner adding an accessory dwelling), a single-tree removal could represent a large share of a property—s canopy and thereby trigger high fees under the proposed structure. Councilors asked staff to consider calibrations so homeowners are not disproportionately penalized versus developers who clear large sites. Staff noted fee schedule modifications are easier administratively than code changes and could be adjusted after monitoring.

On enforcement and liability, staff said adjacent property owners are typically responsible for sidewalk maintenance and that an ISA-certified arborist risk assessment is used when safety or target-hazard concerns arise. Staff also described using the city—s tree fund and low-income utility-assistance pathways to subsidize permit or mitigation costs for eligible residents.

What happens next: staff said they will return with proposed code language and fee schedule amendments and that Tree Board review and public outreach have been part of the process. Council indicated tentative approval for the concepts but asked staff to refine equity protections, clarify fee-stacking logic, and prepare ordinance language and fee matrices for a future meeting.

Key figures and figures cited in the presentation are drawn from staff analysis and the Tree Board: a 30" DBH threshold for significant-tree status, proposed per-inch fees ($150-$200 per inch), a proposed $350 per-inch enforcement fee for unpermitted rare-species removal, and an administrative adoption target of Jan. 2026 for the rare-species list.