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Council amends tree‑preservation ordinance to raise potential in‑lieu fee cap after debate
Summary
Council approved an amendment during second reading to the tree preservation ordinance that raises the cap on in‑lieu fees and restitution in certain cases; members debated impacts on small homeowners versus developers and cited a prior Calder property enforcement case.
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On second reading, the League City Council voted to approve an amendment to Ordinance 2025‑49 (amending tree preservation, mitigation and maintenance rules) that raises the cap on total in‑lieu fees and restitution in some cases. The sponsor said the amendment targets developers who clear large tracts without authorization and is intended to impose a meaningful penalty to deter willful violations.
Council members questioned whether the change could harm individual homeowners who unintentionally remove trees and noted the city's prior enforcement at a Calder Road site, which had resulted in significant fines and a subsequent settlement. Staff and the city attorney told council the existing ordinance previously had no cap and that courts examine restitution levels case by case. "This is meant to go after the people who are doing it the wrong way," the sponsor said, while others urged caution to avoid disproportionate penalties for ordinary homeowners.
An amendment to remove the cap entirely was proposed from the floor but failed for lack of a second. Council then returned to the sponsor's amendment and, after debate about constitutionality and precedent, approved the amendment as part of the second reading. Council discussed enforcement mechanisms, appeals and the potential for litigation, and staff said they had suggested percentage thresholds and factors for consideration when levying fines.
The ordinance returned to the council for a subsequent vote consistent with standard second‑reading procedure.
