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Milwaukie council advances tree-code changes to comply with state housing law amid council concerns
Summary
Council voted to progress an ordinance amending Milwaukie’s tree code to comply with Oregon House Bill 4037; the change exempts public-notice and optional meetings for public-tree removals adjacent to residential developments governed by clear-and-objective review. Some council members warned the law reduces local public input and called for continued public notice where feasible.
Milwaukie’s City Council moved to advance an ordinance amending the city’s tree code to comply with Oregon House Bill 4037, voting for the first reading and setting a second reading and final adoption for the July 7 meeting after the vote was not unanimous.
Climate and Natural Resources Manager Katie Gavvaris told the council HB 4037 requires local governments to use "clear and objective standards when regulating housing development," and that the proposed amendment would preserve the city’s preservation, planting, protection and soil-volume requirements while exempting a two‑week public‑notice and optional public meeting for public‑tree removals when they are adjacent to an "active residential development" permit application. Gavvaris said the exemption is narrowly tailored to public trees directly implicated by residential development permits and does not change mitigation or arborist-reporting requirements.
Several council members pushed back during deliberations, saying the change reduces opportunities for neighbor input and could be interpreted as state preemption of local process. One council member said the legislation "chips away" at local voice and urged the city to monitor rule making and pursue legislative remedies where possible. City staff and the city attorney cautioned that failing to align code with the state law could leave the city vulnerable to legal challenge and remand under land‑use appeal processes.
Council members debated whether the exemption should be limited only to development projects using the state’s clear‑and‑objective pathway or also cover those seeking discretionary review; staff said most public‑tree impacts tied to residential development arise from access and right‑of‑way needs and that the proposed approach is intended to preserve objective approval standards while removing the optional hearing requirement.
The motion to approve first and second readings by title only and adoption carried but with recorded objections; because the vote was not unanimous the ordinance will be read again at the next regular meeting (July 7) before final adoption.
Council directed staff to monitor state rule making and to maintain public outreach on tree-protection standards. The proposed ordinance text remains on the city agenda for a second reading and final vote.
