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Council discusses Tree Preservation Enhancement bill; staff report shows modest fiscal impact

Council of the District of Columbia · January 20, 2026
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Summary

Council Member Charles Allen introduced Bill 26-59 to expand protections for trees by lowering the special-tree circumference threshold and indexing fees; budget staff estimated a $297,000 FY2026 cost and $1.2 million over four years.

Council Member Charles Allen presented Bill 26-59, the Tree Preservation Enhancement Amendment Act of 2026, during the committee-of-the-whole meeting on January 20. The print would amend the Urban Forest Preservation Act of 2002 by lowering the circumference threshold for a "special tree" from 44 inches to 40 inches, thereby increasing the number of trees that qualify for legal protections.

The print also requires the mayor to index permit fees and fines for removal of special and heritage trees for inflation beginning July 2029, and reestablishes the tree fund as a non‑lapsing fund dedicated to tree planting and maintenance.

Council Member Anita Bonds asked how an income-based subsidy referenced in current law would work in practice — specifically how it could assist low-income residents with the costs of removal and replacement and how it interacts with the print before the Council. Allen clarified that the income-based subsidy is part of existing law and is not changed by this bill. He said the subsidy is intended to help seniors and low-income households pay for hazardous-tree removal when they cannot afford the permit and removal costs, and that the Council requests DOT to report usage of the subsidy during oversight hearings.

Council Member Trayon White raised concerns about whether expanding the special-tree designation would impede housing development and asked how the law helps seniors unable to afford private removals. Allen responded that the designation creates disincentives but does not legally prohibit removal; permit pathways remain available for needed removals, and the income-based subsidy remains in place to assist households in need.

The budget director reported the print carries an estimated fiscal impact of $297,000 in fiscal year 2026 and about $1.2 million across the four-year financial plan, primarily to hire three additional arborists; the print may raise some revenue once implemented but cannot offset initial costs until personnel are in place. Members placed the bill on the consent agenda for the February 3 legislative meeting.