Committee debates legal limits on using tree mitigation funds for park projects
Members and counsel cautioned that tree mitigation (fee‑in‑lieu) funds require a demonstrable nexus to the harm mitigated, and using those funds for non‑vegetative projects could risk state challenge. Members discussed clarifying ordinance language to include green infrastructure and trail work.
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Committee members and a staff representative discussed whether tree mitigation fees can be used for improvements such as resurfacing courts or building pickleball courts. A staff/legal explanation emphasized that mitigation funds require a proportional nexus to the harm being mitigated; using the fee for unrelated infrastructure could be challenged under state law.
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