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Milwaukie council adopts minor tree code amendments and declares emergency
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Summary
Council adopted an ordinance (No. 2263) amending municipal chapter 16.32 (development tree code) to update standards and clarify citations; the council declared an emergency and passed the measure unanimously, and separately approved an update to the FY26 fee schedule.
The Milwaukie City Council unanimously adopted an ordinance amending municipal code chapter 16.32 (tree code) to improve clarity, update planting standards and codify fee‑in‑lieu language, and declared the measure an emergency so it takes effect immediately.
Climate and Natural Resources Manager Katie Gavares presented the package as “minor amendments” focused on three areas: updating ISA/ANSI planting standards, correcting internal code citations for readability, and clarifying a 40% preservation standard and the consolidated fee schedule for fee‑in‑lieu calculations. Gavares told council the changes are intended to “improve clarity, correct internal consistencies, and ensure functionality” and that they “do not alter, any of the policy direction from previous council actions.”
No members of the public offered live testimony during the public hearing. During council discussion one member cited enforcement concerns and developer behavior, saying a developer whose site had an unpermitted removal received a bill “that came out to be $70” and that for some developers that fine can be considered “a drop in the bucket,” an argument used to urge future review of penalty levels. Councilors agreed it would be reasonable to monitor how the February changes perform before altering fees or penalties.
Councilor (name in record) moved for first and second readings by title only and adoption of the ordinance, which the council passed unanimously on roll call as Ordinance 2263 (vote recorded 5–0). The council also approved a separate resolution revising fees and charges and updating the consolidated fee schedule for fiscal year 2026.
What happens next: the ordinance takes effect immediately due to the emergency declaration; staff will track implementation and provide updates to council, and members signaled interest in revisiting enforcement and penalty levels if initial implementation does not curb unpermitted removals.
