Tweaking the Tree Ordinance

Major provisions of Austin's Tree and Natural Preservation Ordinance include:

• A "protected tree" is defined as one having a circumference of at least 60 inches (a diameter of 19 inches), measured 4½ feet above natural grade.

• "Removal" comprises actions including uprooting, severing the main trunk, damaging the root system, and/or excessive pruning.

• An application for a site plan approval must include a tree protection plan, retaining trees 8 inches or greater in diameter "to the extent feasible." (For trees that are removed, the city may require mitigation including replacement tree planting.)

• Proposals to remove protected trees require review by the city arborist, who then must make recommendations on the proposal before it can be submitted for approval.

• A protected tree may not be removed unless the Watershed Protection and Develop­ment Review Department has issued a permit; exceptions are made for damaged trees posing a hazard to life or property, a protected tree identified for removal on an approved preliminary site plan, or trees identified for removal in capital improvement projects approved by the City Council.

Activists hoping to strengthen the Tree Preservation Ordinance plan to bring these suggestions to the city Planning Commission:

• Ask directly (yes/no) about protected trees on demolition/relocation applications in addition to building permit applications.

• Increase fines for false reporting or removal without a permit, in addition to assessing mitigation fees. (Fines may be limited under state law.)

• Provide public notice when a protected tree review is under way, so neighbors could approach owner/developer with a variance opportunity.

• Increase enforcement, use other city inspectors already on-site, and/or gather tree inventory information to ensure accuracy of protected tree reporting.

• Consider a handout on protected tree identification and things to do or not do during construction near trees.