Gladwin council adopts rewritten tree ordinance clarifying city and property-owner responsibilities

The Gladwin City Council on Feb. 2 adopted Ordinance 97, a comprehensive rewrite of Chapter 97 of the city code that seeks to clarify which trees the city is responsible for maintaining and which remain the property owner's responsibility. The motion to adopt the ordinance was offered by Council Member Darlington and supported by Council Member Crawford; a roll-call vote recorded ayes from Caffrey, Crawford, Darlington, Esiline, Gutierrez, Platt, Smith and Winarski and Mayor Sarah Kile declared the ordinance adopted.

The new ordinance defines key terms and establishes a single standard for classification: a tree’s classification and the resulting maintenance responsibility are determined by the location of the trunk base at ground level, not by canopy spread or root extension. It defines an "Improved Street Right-of-Way" and sets out three primary tree classes: Public Trees (trunk base entirely within the improved street right-of-way), Private Trees (trunk base entirely on private property, including easements), and Boundary Trees (trunk base that intersects the boundary between private property and the improved street right-of-way).

Under the ordinance, the city will be financially responsible for maintenance or removal of Public Trees located within the improved street right-of-way when work is necessary to protect public health or safety, to protect streets, sidewalks, utilities or drainage, to remove hazardous or diseased trees, or to comply with applicable law. Boundary Trees remain largely the financial responsibility of abutting property owners unless the city determines there is an immediate threat to public safety within the improved street right-of-way. Trees located in easements, alleys, side yards or rear yards are classified as Private Trees and are the responsibility of property owners; the ordinance states the existence of an easement does not transfer ownership or financial responsibility for trees to the city.

The ordinance also preserves the city's regulatory authority to require pruning, trimming, or removal of any tree that interferes with public infrastructure, utilities, or safety while clarifying that exercise of that authority does not, by itself, obligate the city to pay for work unless expressly stated in the ordinance. The ordinance takes effect upon adoption and publication as provided by law.

Council members did not record separate debate on the ordinance during the meeting; the formal text of the ordinance, as adopted, appears in the meeting record and includes specific measurement and verification provisions should the city require survey or other means to determine trunk location.