City begins work on plan to protect trees | Local News
A comprehensive plan to protect and preserve Kerrville’s trees took shape during a City Council workshop on Tuesday.
Council members listened attentively to a presentation of possible historic preservation provisions and seemed comfortable with moving forward, despite minor concerns about private property rights and the permitting and enforcement processes.
In possible future council action, the plan could lead to an official regulation. Currently, there are no formal rules for tree protection, only recommended guidelines.
The plan was introduced by Drew Paxton, the city’s zoning and development director, and includes rules and penalties for the unauthorized removal of trees of all sizes and types, including so-called “heritage trees” with a diameter greater than 18 inches.
The proposal also includes a tree replacement plan that encourages developers to plant other trees after cutting down some trees. The ratio is 1:1 for protected trees with a diameter between 15 and 46 centimeters and 3:1 for heritage trees.
The penalty for removing trees without permission is $500 per inch of diameter. The penalty for failing to replace trees after construction is $150 per inch.
The fines would go into a fund to mitigate damage and replace trees, Paxton said.
Commercial and residential developments within the city limits and its extraterritorial jurisdiction would be subject to the provisions of an ordinance regarding removal, preservation, curtailment and permitting.
Mayor Joe Herring said one of the community’s most beautiful features is its trees, especially in the older neighborhoods.
“But I’m not sure all property owners will go along with that,” Herring said. “It becomes a property rights issue when you tell people they can’t cut down trees.”
During a public hearing, Bill Rector, a former council member and current UGRA board chair, thanked the council for considering the tree proposal.
“This is not a property rights issue,” he said. “This is a community issue. Too many trees have been cut down by bulldozers.”
Council member Kent McKinney said he was in favor of protecting the trees, but the plan seemed too bureaucratic to him.
“Permits and customs measurements may be too much,” he said. “I prune my trees myself. Do I need a permit?”
The proposed regulations would require professional tree care companies to obtain permits to prune, trim or cut trees. Homeowners who prune their own trees would not need a permit, Herring said.
Council member Jeff Harris said he liked the plan.
“Personally, I would like the city to do everything it can to protect our historic trees,” he said. “But 3-for-1 doesn’t seem to adequately mitigate the loss of a historic tree.”
Harris also asked about enforcement, and Herring wanted to know whether the city arborist position in the plan would be a new employee position or a contracted contractor.
Herring asked Paxton and his staff to revise the ordinance and consult with arborist Phillip Christian, who also spoke at the meeting and offered suggestions for the wording of the document.
Work on a tree preservation ordinance began in February after council members directed Paxton to develop ideas to encourage property owners to preserve certain tree species.
Tree protection came to the forefront last August when the “Founders Tree” on Water Street was cut down by contractors working for the owners of private property at 605 Water Street.
Arborist Karen Rockoff, who appeared before the City Council last year asking for the city to intervene, said the tree was old and had minor defects, “but nothing that would bring down and kill the tree,” she said.
The tree was on property owned by Cailloux Foundation Properties LLC, according to the appraisal district. According to city records, the owner did not need a permit from the city to remove it.
The foundation has not commented publicly on the removal.