Milton planning commission opens public hearing on proposed tree code, considers Burien-style credit system

The Milton Planning Commission opened a public hearing on March 11 for PLN 2026-0001, a proposed community forest preservation regulation intended to protect large and valuable trees, update replacement rules and permit processes, and guide an urban forest management plan. Planning manager Amandris Stahlnecker presented the draft and said staff do not expect adoption at this meeting; the commission was seeking early public input.

Why it matters: The draft would extend tree protections beyond larger development projects to some private lots, introduce definitions for 'exceptional' and 'significant' trees, and use a points-or-credits system — changes that would affect homeowners, developers and the city's canopy over time.

Residents who signed up to speak urged careful drafting. Jackie Strader, a Milton resident who owns undeveloped lots, said those parcels contain multiple large trees and warned that, as written, the draft could make such lots effectively unbuildable: "If this was ... it could potentially make the lot unbuildable," she said, urging protections that apply more evenly across developed and undeveloped lots. Linda Flanigan described recent clear-cutting near the freeway and said the watershed and views had been harmed. Barbara Buck called the draft "fantastic" but asked whether the city should impose a temporary moratorium on cutting until the ordinance is in place, citing recent tree losses at Milton Way and Porter.

Staff and commissioners discussed using the City of Burien's code as a template. Stahlnecker summarized the Burien approach: rather than a strict replacement ratio, Burien assigns credits by lot size (roughly one credit per 1,000 square feet) and awards multiple credits for retaining larger "exceptional" trees (for example, a 30-inch-plus tree would earn many credits), which can satisfy a new-lot credit requirement. Stahlnecker said the draft would also allow an in-lieu option and direct the city to prepare an urban forest management plan.

Commissioners pressed practical questions. Several asked for worked examples showing how the credit system would apply to ordinary and undeveloped lots, requested clarity on definitions (for example, what Burien means by "building coverage" and how the 85% retention rule operates), and raised enforcement concerns. One commissioner said enforcement resources are limited and recommended proactive meetings with developers so expectations are clear. Another urged longer performance guarantees for replacement trees, noting Burien sometimes uses shorter warranties.

The commission also debated when permits should be required. For routine maintenance or hazardous-tree removal, staff suggested a simple notification might suffice; for significant removals or development activity, a fuller permit and professional arborist risk assessment would be required. Commissioners discussed a fee-in-lieu option for cases where on-site replacement is infeasible; staff said past in-lieu funds for sidewalks have been tracked in a dedicated account and used for projects, and suggested an in-lieu fee could be structured to include tree cost, installation, and multi-year maintenance.

No formal action was taken on the ordinance at the meeting. Stahlnecker said staff will incorporate tonight's comments and return a revised draft next month, including examples to illustrate how credits and retention thresholds would apply in common scenarios. The commission discussed convening a small workshop or subcommittee to test scenarios with staff prior to the next hearing. A study session with council is tentatively scheduled for April or May, depending on how quickly the commission advances its recommendation.

What’s next: Staff will prepare a consolidated draft that blends Milton's existing code with Burien's template, provide example calculations for typical lots, and follow up on specific issues raised (definitions, permit timelines, performance periods, and fee calculations).