Commissioners remove specimen‑tree designation for large Rosecrans live oak after contested hearing

Clay County commissioners voted to remove a specimen‑tree designation from an approximately 83‑inch live oak on Rosecrans Lane after a lengthy public hearing where staff and residents disagreed about the tree’s health and the impacts of proposed construction.

Planning staff summarized a 2026 certified‑arborist assessment that found “significant soil grade modification within the root zone” and warned that “progressive decline is likely with mortality possible within an estimated 3 to 5 year period,” and recommended removing the designation so the owner could choose to build at their own risk. Planning staff explained that without the designation the owner would not need Board permission to remove the tree later if decline is confirmed.

Property owners’ representative Betsy Hasdell told the Board, “No one wanted to cut down the tree,” and said the owners intend to keep the tree as a feature if it remains viable and that the deed’s language did not alert them to a 75‑foot protection easement. Owner Jim Bearden said the purchase documents did not “state 75 feet” and described the emotional and financial stake in building a riverfront home.

Neighbors and conservation advocates urged retaining protection. Resident James Christopher Gay, who led the preservation petition, said the live oak sits near the river and “is a magnificent tree” that has survived many storms. Commissioners debated private property rights, deed notices, and whether the county’s specimen standard had been applied consistently; multiple members said they wanted to conserve the tree but were persuaded by the arborist’s new findings and property‑rights considerations. The Board approved the staff recommendation to remove the designation and closed the matter for now; if future arborist findings show decline, the owner would need to return to the Board to remove the tree formally.