Bill could close tree ordinance loophole
March 26, 2009

A bill filed by State Representative Mike Villarreal could eliminate the "agricultural use" loophole that developers have used to circumvent the City's tree preservation ordinance. Under current Texas statutes, landowners who claim "agricultural use" are exempt from municipal ordinances, regulations, and ad valorem taxes.

Under Villarreal's bill, the City could determine tree preservation requirements based on the trees that existed 5 years before the land was developed. If trees were removed during that 5-year period, the City could factor them into its tree preservation calculations.

Previously, the City attempted to close the loophole by amending the tree ordinance itself. However, those amendments died after being rejected by the developer-dominated Technical Advisory Committee.