For some, tree ordinance equals too much green

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By N. Bradford

Pearland’s longstanding tree ordinance remains a topic of dialogue among those who appreciate the city’s well protected green canopy and those who feel the rules may be too much for business owners to afford.

Established in the 1990s to prevent developers from clearing trees and to protect historic trees, the ordinance was updated in 2003 to make it easier to interpret.

City Councilman Jeffrey Barry opened discussions in August and September regarding the ordinance he said is “prohibitive to some businesses from an expansion standpoint.”
His intention, he said, is to amend the ordinance.

The ordinance requires trees over 12 inches in diameter to be replaced with trees from an approved list at a two-to-one rate, or to contribute money into the city’s “tree trust.”
“It’s significant amounts of money,” Barry told fellow council members on Sept. 25. “At the end of the day it’s egregious. If we’re trying to protect the canopy of Pearland, which I agree we need to protect, why don’t we change this ordinance to something that’s a little bit more reasonable?”

The city currently has about $1 million in its tree trust fund, City Manager Trent Epperson said during a community discussion Aug. 23.

Barry said he would like to see the ordinance changed to a one-for-one regarding tree removal and cap fines at $2,500.

“I’m not opposed to trees,” he said. “I just need to have a conversation with people on this council to say, ‘ What can we change to make it easier to do business in Pearland?’”
The city is planning an update to its Unified Development Code in the next two years.

“I think it needs more robust discussion — I’m willing to look at it in the UDC,” Councilman Alex Kamkar said. “The idea that we’re going to go and change an ordinance that’s been in place for 30 years because one person had an issue seems rather unreasonable.”

Councilman Tony Carbone supported addressing the tree ordinance before the UDC update.
“There’s others out there who have issues — they’re just not developing or they’re going somewhere else,” Carbone said.

City staff agreed to research what other cities are doing and bring more information to a future council meeting.

“I’m open to the idea (of amending the ordinance,” Councilman Rushi Patel said. “I think there’s a happy medium.”

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