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Fielding council to draft tree-right-of-way ordinance after discussing recent variance and maintenance issues
Summary
Council members discussed an ordinance to require property owners to maintain trees in the right of way, referenced a West Valley City model, and reported a planning-commission variance allowing a carport 25 feet from the roadway; council asked for a draft ordinance next month.
Fielding Town Council members spent a substantial portion of the Jan. 25 meeting discussing how to manage trees in public right-of-way and how to hold property owners accountable for maintenance.
Speaker 2 opened an ordinance discussion, saying the council needs to 'do something before we cut down every tree in the city limits.' Speaker 5 presented language from a West Valley City ordinance as an example, noting provisions that place maintenance responsibility on property owners where their property abuts the right of way and specifying clearance minimums found in the example: 14 feet above roadways and 7 feet above sidewalks. "If there's anything that you specifically want in it, I'll just kind of copy this one," Speaker 5 said, and added, "I'll get a draft ordinance for next month."
During the meeting, council members also noted the planning commission acted on a variance request for a carport. Speaker 5 summarized the commission's decision: the commission allowed a 25-foot setback from the roadway instead of the 35-foot standard; the council agreed there were no objections to that outcome at the meeting.
Council members discussed practical details for an ordinance, including defining the right-of-way (often around 15 feet from the curb in local streets), enforcement options if trees cause drainage problems, and potential language preventing planting within a few feet of the right-of-way. Several speakers emphasized that if a tree's stump lies on a property, that property owner is generally treated as the owner for enforcement purposes.
Speaker 5 said the town's attorney (Annie) is stepping away and provided a referral for replacement counsel; council members agreed to test a new attorney by having them draft or send required notices if needed.
Next steps: Speaker 5 will prepare a draft tree-right-of-way ordinance for the council to review at the next meeting; council staff will continue outreach to property owners about drainage and occupancy compliance.
