New code leaves tree protection to property owners
VENETA—Trees have been a part of Veneta’s story since its beginning. As the city experiences growing pains, the trees continued to be a part of that story.
But local people could have more opportunity to play a part in the story. The recent failure by the City of Veneta to keep a tree root protection provision among proposed amendments to the city’s tree code puts more responsibility on individual citizens to help protect their existing trees, according to Joan Mariner of Neighbors for Responsible Growth (NRG).
The provision sought to protect the critical root zones of trees on properties neighboring developments, to prevent the potential killing of trees during construction. The provision was not included in the code on the advice of the city attorney.
“It provided a legal target,” said Brian Issa, Veneta’s community services director. He said the provision, by precluding development, might leave the city open to lawsuits over the “taking” of private property. Issa’s recommendation to drop the provision was confirmed by the city attorney and approved by the city council.
Mariner said she understands the city’s reluctance to engage in legal battles over the issue.
“Because some properties would lose development potential if neighboring critical root zones were protected, that would reduce the city’s buildable land inventory,” she said. “If the city code reduces the buildable land inventory then developers have the right to file an appeal with LUBA.” LUBA is the Lane County Land Use Board of Appeals.
“If the code reduces the developable land inventory inside the city, the developers would likely win,” she said.
Mariner said NRG fought to have the provision included because of the potential for killing trees when damage occurs. That can happen, she said, when construction activity occurs too closely to property lines and damages the critical root zone of trees on adjoining property. The critical root zone extends underground about a foot for every inch of trunk diameter.
“Most people are not aware of how big that critical root zone is,” Mariner said. “If you damage more than a third of that root zone, over the next three to five years that tree will die.”
If trees are damaged or killed, Issa said existing civil penalties make the proposed code provision moot.
“They can sue you,” he said. “There’s already existing recourse — it wasn’t worth the trade-off to keep it in the code.”
Mariner said that landowners should educate themselves on their options and be prepared to negotiate with developers to protect their own trees.
“What citizens in Veneta need to be aware of is if someone near their property is developing land, they need to be very clear with that developer, that if you kill my trees, I will sue you,” Mariner said. “That’s the only recourse they have. The city will not protect their investment. That puts a lot of responsibility on individual citizens to protect the trees on their own property, and most people aren’t aware of that.”
Issa said that despite leaving out the critical root zone provision, the city’s tree code is undergoing a major overhaul.
“We need something, because our current code is inadequate,” he said, adding that the tree code has not yet been adopted. “We know it’s not going to be perfect, it just needs to be better.”
“It is still in public process, but no hearings are scheduled at this time. However, the council did want another public hearing as the code had changed significantly during the process,” Issa said. “That hearing will be scheduled after our attorney is done with the code.”
Mariner said she was disappointed by the failure of the root zone provision, but that “otherwise the tree code is a huge improvement” over the old one.
“There are more provisions for replacement of trees, and more encouragement for the protection of trees that are there,” she said. “Overall I’m really been encouraged by city’s efforts in preserving trees.”