Planning grapples with tree cutting fiat

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In recent months, Planning commissioners have discussed revising the city’s application to cut trees, and decided to wait until after revising the tree ordinance. A large portion of last week’s meeting dealt with tree issues, but commissioners will need a workshop before recommending a new ordinance.

Commissioner Tom Buford shared some information he researched from other cities with similar ordinances. Some had more stringent requirements, and some included more severe penalties for violators, including jail time. In some cases, a property owner must post a performance bond to ensure that he plants replacement trees in a timely manner. A maintenance bond ensures the property owner will care for the trees until they are fully established.

Some cities do not use the term “antique tree,” but others have a definition for specimen trees to serve a similar purpose. Buford suggested changing the requirements for measuring a tree. The building inspector cannot approve cutting a tree that measures more than 36 inches in diameter at a point 54 inches above the ground.

The Board of Zoning Adjustment must approve cutting a tree that size, but once a tree is cut down, the city cannot tell if a violation occurred. Buford said some cities measure at four inches above the ground for this reason.

All the other cities Buford surveyed had an arborist on staff to review tree-cut applications. In Eureka Springs, the building inspector fulfills that function, but he may lack the specialized background to make an informed decision.

Commissioners considered reviewing one section of the tree ordinance at a time, but decided on a workshop devoted to this. A workshop is planned for 5 p.m. on Tuesday, March 26, before the regular commission meeting. Sallee asked Buford to prepare a list of bullet points, to help keep the discussion focused.