Council upholds $650 tree-protection fine after appeal fails to get second

The Anchorage City Council on March 9 left in place a $650 civil penalty assessed to Douglas and Jennifer Donaldson for violations of their Construction/Tree Preservation Plan Permit #TN3958 after a motion to support the appeal failed to receive a second.

The fine was issued Feb. 2, 2026 under City Ordinance §90 Trees and §90.99 Penalty. City staff documented two violations at the Donaldsons’ 2201 Cave Spring Place property: protective orange fencing required for tree protection was not in place along the tree driplines, and material stockpiles were located under the driplines.

Jennifer Donaldson told the council she removed fencing to bring in dirt for an elevation change and said the stockpiles “were already in place under the tree dripline” when she met the City Forester to obtain the permit. Public Works Director Brandon Burkhead said his inspection showed the orange fencing had been rolled up and placed to the right of the stockpiles under the driplines and that protective fencing was supposed to be positioned along the tree dripline. Burkhead added that compression and compaction damage to roots had already occurred and that any visible decline could take several years to become apparent.

Council Member Patrick McMahon moved to support the Donaldsons’ appeal, but the motion did not receive a second. With no other motions offered, Presiding Officer Diane Cook stated the fine stands at $650.

The record notes that construction on a covered patio, spa and pool began without all required approvals and permits; the Donaldsons said they have paid the fines and that remaining work will include painting, erecting fencing, bringing in topsoil and landscaping to complete the project.

No further action was taken; the fine remains in effect under the cited ordinance.