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Commissioners split over new tree‑preservation rules for developed single‑family lots
Summary
Staff proposed extending tree protections to developed single‑family and duplex lots with a higher threshold (18" DBH) and a 1:1 mitigation standard; commissioners raised cost, enforcement and foundation‑damage exceptions and asked staff to clarify language.
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The advisory committee spent significant time Aug. 3 discussing proposed tree‑preservation rules in the UDC draft. Consultants proposed removing the current exemption for developed single‑family and duplex lots so that preserved trees on occupied lots would be protected; for those lots the draft would only treat trees at or above 18 inches diameter at breast height (DBH) as protected and would require 1:1 mitigation for removed trees. For other development the protection and mitigation thresholds would remain at 6 inches and could require up to 3:1 replacement.
One commissioner who said he is a realtor pressed the practical implications and cited a past foundation repair he said cost him $11,000: "It was $11,000, and it wasn't much damage, and it was caused by a tree," the commissioner said, arguing that high mitigation costs could be unaffordable for many homeowners. Staff replied that exceptions would be included for diseased, damaged or hazardous trees and that heritage‑tree removal would require City Council approval.
Parks staff emphasized the city’s goal of protecting urban canopy and noted that most canopy is privately owned; they said trees matter at scale even if an individual homeowner’s tree seems minor. Commissioners asked staff to clarify the investigative and permitting process (how removals are reported, how the city evaluates damage vs. natural death) and to add explicit language allowing removal when a tree is causing property damage. Staff agreed to refine the wording and describe the exception and enforcement process more clearly.
Next steps: staff will improve the draft language to spell out allowable exceptions (hazardous, diseased, storm damage, and cases where a tree is demonstrably causing structural damage) and explain how mitigation is calculated and enforced.
