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Sustainability committee asks East Hampton to begin drafting a tree‑protection ordinance; board endorses process
Summary
The sustainability committee proposed initiating a formal process to draft a tree‑protection ordinance (TPO). The committee presented benchmarking from 12 municipal codes and 10 essential TPO elements; the board broadly supported drafting while asking for phased work, enforcement analysis, and stakeholder input.
Jane Mearing, representing the Town Sustainability Committee, presented the committee's recommendation to initiate a formal, phased process to draft a tree‑protection ordinance (TPO) for East Hampton. She said the committee had reviewed roughly 30 TPOs and identified a study set of 12 robust codes and 10 core elements that should guide a local ordinance.
Mearing emphasized the role of trees in flood mitigation, carbon sequestration, biodiversity and neighborhood character and said the committee's goal was to establish "legitimate oversight" and permitting for certain tree activities while avoiding a blanket ban on property owners managing hazardous or diseased trees. "We affirm that trees are not merely a backdrop in our community. They are indispensable allies," Mearing said.
The committee recommended TPO features commonly used in other municipalities: clear definitions of protected trees (including diameter at breast height thresholds), jurisdictional scope (public and private lands), thresholds and permitting for removals, critical root‑zone protections, replanting standards or a tree‑protection fund, designation of an approval authority (arborist, tree board or department), documentation requirements, appeals, and enforcement mechanisms (fines, bonds, withholding of permits or certificates of occupancy for violations).
The board expressed general support for starting the drafting process but raised concerns about how a TPO would interact with existing regulations (septic, solar, building envelopes), potential costs and staffing needs for enforcement, and how to avoid creating undue hardship for small property owners. Members recommended outreach to municipalities that have implemented TPOs to learn about enforcement practices, and suggested engaging builders, surveyors and private arborists in drafting.
What's next: the board agreed to allow the sustainability committee and staff to proceed with a disciplined drafting and outreach process, returning to the board in phases rather than with a finished ordinance. The committee will contact peer municipalities, prepare outreach questions and return with options for approval authority, replanting provisions and enforcement mechanics.
