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City updates tree-preservation rules: $200 mitigation and $400 illegal-removal penalty per caliper inch
Summary
The commission adopted a Unified Development Code amendment to strengthen tree preservation and landscaping: a $200-per-caliper-inch mitigation fee for lawful tree removal when replacement is infeasible and a $400-per-inch penalty for illegal removal or substantial damage (plus required mitigation). The change also adds perpetual protection language for protected and heritage trees.
The City Commission on June 16 adopted amendments to Brownsville's Unified Development Code that tighten landscaping and tree-preservation rules and establish clear fee schedules for mitigation and penalties.
Key changes adopted by the commission include: - Requiring irrigation plans prepared by licensed irrigators where state rules demand it (removing a local exemption). - Maintaining existing mitigation ratios (1:1 for protected trees, 3:1 for heritage trees) but creating a standard mitigation-fee calculation when on-site replacement is not feasible: $200 per required mitigation caliper inch (diameter at breast height). - Increasing penalties for unauthorized or substantial damage to protected or heritage trees to $400 per caliper inch plus any required mitigation, a roughly twofold increase over previous penalty levels used in other Texas jurisdictions. - Adding enforcement language intended to provide perpetual protection for protected and heritage trees (not limited to two years after certificate-of-occupancy issuance).
Planning staff said the proposed fee amounts were benchmarked against several Texas jurisdictions and fall within the upper-middle range of practices; the $200 per-inch mitigation and $400 per-inch illegal-removal penalty were chosen to be defensible, consistent with municipal practice, and to ensure that developers who follow rules are not subsidizing those who illegally remove trees.
Public Works staff said field inspections and clear-cut permit checks will continue and that the department has staff trained to identify and measure caliper sizes for enforcement and mitigation calculations. Commissioners and staff discussed implementation timelines and enforcement processes; staff said they would use existing permit-review windows and code-enforcement paths and that fines are recoverable through municipal enforcement if unpaid.
Commission action: the commission approved the UDC text amendment as presented. Staff and PNZ had previously recommended approval.
What this means for developers and property owners: If a developer cannot replace required caliper inches on-site, they may pay a $200-per-inch fee; unauthorized removal or damaging a protected or heritage tree will carry a $400-per-inch penalty plus required mitigation and possible municipal enforcement steps.
Quote: "We are recommending a tree mitigation fee in lieu of on-site planting of $200 per required mitigation caliber inch," Planning staff said during the presentation.
Next steps: staff will update permit guidance and enforcement processes to reflect the new amounts and return for any clarifying administrative rules as needed.
