Dewey Beach council tables minimum‑tree rule after residents warn rebuilds would be constrained

Dewey Beach — The Town Council on Feb. 13 tabled a proposed ordinance that would require every lot to maintain a minimum number of trees determined by lot area, after residents and some commissioners raised practical and equity concerns.

The draft ordinance would have calculated required trees by dividing the lot square footage by a per‑tree square‑foot factor in Table 2 of the zoning code; for example, a 5,000‑square‑foot lot would have required roughly three trees under the draft. The proposal grew out of concern that some properties converted from commercial to residential had no trees and that new redevelopment could further reduce canopy.

Resident David Mosquitz told council that fully built lots and multi‑unit properties often have no remaining planting space and that requiring trees on rebuilds caused by fire or hurricane could make reconstruction impossible. "Would rebuilding on the same footprint trigger new tree planting requirements even when there's no space to do so?" he asked.

Commissioners agreed the aim of preserving canopy is desirable but debated narrowing the rule so it would apply only to complete demolitions/new construction and to substantial expansions, and to exclude condominiums and certain in‑town commercial configurations. Staff and commissioners also noted state legislative initiatives (e.g., on accessory dwelling units) that could affect local tree requirements.

Council instructed staff to redraft the measure to focus on new construction and significant expansions, address exemptions, and return with clearer specifications (tree size, caliper, planting standards) and a legal compatibility review.

What’s next: Planning & Zoning and town staff will prepare revised language, including clarifications about when the rule would apply (new construction vs. repair/rebuild after casualty) and technical planting standards; the item will return to council for further review.