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Resident criticizes proposed tree ordinance as overreach
Summary
A public commenter sharply criticized the proposed tree ordinance, calling it inconsistent and overly burdensome for homeowners, and highlighted provisions that would require retroactive permits and impose fines and replacement requirements.
During public comment, Dr. Fink (speaker 9) strongly objected to the proposed tree ordinance pending before the council, calling parts of it "Orwellian overreach" and urging the council to reconsider elements that would, in their view, unduly burden homeowners.
Dr. Fink said the ordinance’s stated aims to "promote and protect the public health, safety, and general welfare of the citizens of Depoe Bay" were inconsistent with recent council actions such as approving development on Kent Street. He criticized exemptions for lots under 5,000 square feet and described scenarios where a homeowner could remove 5,000 square feet of trees without council oversight while a neighbor on a 5,001-square-foot lot would need permission. He said the ordinance includes a $500 fine for failure to comply, a required tree replacement program that could carry an additional $1,000 penalty, and a mandate that a homeowner apply for a retroactive removal permit or imminent hazard permit within 10 days after removal.
"The public health, safety, and general welfare are not promoted by forcing a homeowner to apply for a permit," Dr. Fink said, urging the council to weigh the ordinance’s practical effects on homeowners. The commenter also noted concerns about public harassment tied to posting homeowners' personal information online during permit processes. Council members listened but did not take further action on the tree ordinance at this meeting beyond hearing the public comment.
