West University officials update, strengthen city tree ordinance

The ordinance changes the definition of “large tree” by defining it as a tree with a stump that has a diameter of 6 inches or more. Previous measurements were to be done by circumference. This is also more consistent with the state’s definition, Public Works Director Michael Leech said.

“Circumference can be challenging to explain to homeowners at times, so diameter is a little more straightforward,” Leech said.

The ordinance also strengthened penalties for violations such as removing, damaging or intentionally killing trees. The new regulation sets penalties for up to $2,000 in fines and considers penalties a misdemeanor.

Rainsberger asked if there was a way to “make it less appealing” to take down trees on private property.

Craig Koehl, the city’s urban forestry consultant, said the city has a tree replacement permit for residents who may remove a tree, as long as it is replaced by one or more new trees in the same site. However, replacement fees are regulated by the state, and the city could not increase the fee beyond state regulation, Koehl said.

Also of note

Another update further defines public nuisances, which, under the current law, must be abated. The update defines public nuisances as limbs that overhang any portion of a right of way.

“The city has not historically gone in and removed dead hazardous trees that are in the right way in front of someone's home,” Koehl said. “That is the primary reason for adding this to give [the city] the authority to now abate those hazardous trees.”

The new changes cannot deny landowners a permit to remove a tree from their private property, but a permit is still required to remove or replace a tree.

What’s next

A second reading of the ordinance will need to take place before it is officially amended. An exact date has not yet been set.