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Milwaukie Tree Board reviews recent large-tree removals and options to tighten tree code
Summary
After public concern about removal of large trees at recent infill development sites, staff presented options to clarify 'reasonable alternative' construction techniques, scale fees by tree size or lot size, and create a rare/threatened or heritage-tree protection program; board asked staff to prepare materials for council on Dec. 2.
Milwaukie — City staff told the Milwaukie Tree Board on Monday that recent permit-approved removals of large trees have led council to ask the board for options to refine the city’s tree code.
Katie, the city’s climate natural resources manager and staff liaison, reported that a development on a lot now identified as 10610 Southeast Home removed a 68-inch coast redwood and a 36-inch Douglas fir after following the city’s existing permit process. Staff reminded the board that developers may remove up to 30 percent canopy on a property under current code and that additional canopy loss is charged at $4,000 per 7.5 percent up to a $16,000 cap; sites must then meet replanting requirements to reach 40 percent canopy after development.
Council asked staff to prepare a presentation for Dec. 2 that outlines two tracks: better and clearer options to allow removal where trees pose non-development infrastructure damage (for example repeated sidewalk repairs), and code adjustments to make removals during development more challenging. Staff recommended defining “reasonable alternative construction technique” as an industry standard — for example, multiple arborists agreeing on an alternative — and listing common alternatives in the code to improve transparency.
The board discussed several policy levers. Staff proposed adding a surcharge based on diameter-at-breast-height (DBH) for large trees, creating and applying a rare/threatened species list with higher fees, and exploring a heritage-tree program. Board members cautioned about equity and legal limits: higher fees risk being passed to buyers or making owner-occupied improvements (such as ADUs) prohibitively expensive, and staff said prior legal analyses will be reviewed to clarify what is permissible.
Members suggested using any increased fee revenue for visible, local programs — enhanced street-tree pruning, subsidized residential pruning and more tree planting — to demonstrate tangible action to residents who have expressed frustration about canopy loss. Staff intends to present a draft rare/threatened tree list to council on Dec. 2 and aim for adoption by January.
The board also recorded routine business: approval of prior meeting minutes and the nomination and election of Alexis as vice chair for 2025.
Next steps: staff will compile legal background documents, finalize the draft rare/threatened list and fee alternatives, and bring a set of options to council on Dec. 2 for direction.
