Council passes stronger tree ordinance
May 6, 2010, updated 5/25/2010

After 11 months of meetings, debate, and controversy, San Antonio' City Council voted May 6, 2010 for a stronger tree preservation ordinance. The new rules will increase fees for destruction of heritage trees, reduce the maximum number of trees that can be removed, and require additional tree planting on non-residential sites.

Unfortunately, the effect of these changes will be delayed. Council chose to create a 3½ week grace period allowing developers to file plans that are exempt from the new rules. In addition, school boards have until January, 2011 to approve new schools that are exempt from the ordinance. All facilities in Northside ISDs recent $535 million bond package and South San ISD’s $58 million bond package, are exempt from the new ordinance.

Thank your City Council rep today!

Contact your Council representative today and thank them for their vote to protect our air, water, beauty, and trees.

What are the major new provisions of the ordinance?

Major new provisions can be broken down into two main categories: preservation of existing trees and planting of new trees.

Within the preservation category, the major new provisions are:

• Fees-in-lieu of preservation (mitigation fees) have doubled from $100/diameter-inch to $200. This will likely cause single-family homebuilders to preserve more heritage trees, since the cost of destroying a 30" heritage tree is $18,000. Commercial developers will probably continue to remove the trees where needed and pay the fee.
• Maximum allowable tree destruction is now limited to about 84% from what was previously about 93%.

In the tree planting category, the main improvement is the post-development tree canopy cover requirement. Regardless of what was on the land before development commenced, developers must have a certain portion of their land shaded when the project is finished.

Requirements are met through preserving existing trees, planting 1½” caliper trees or by paying a fee. Newly-planted trees are credited as if they were fully grown (but discounted by 10% to compensate for mortality).

The post-development canopy requirements are:

• Single-family development - 25 to 38% tree canopy cover
• Apartments and non-residential development - 22 to 25% tree canopy cover
• Community Revitalization Action Group area projects - 12 to 15% tree canopy cover

Summary of preservation standards in new ordinance

In general, all trees with trunks smaller than 6" diameter (oaks, pecans, etc) or 10" diameter (hackberries, mesquites, etc.) may be destroyed. They are not considered "significant".

Single-family subdivisions

• Trees that can be removed without paying mitigation fees:
  • About 20 to 35% of the significant and heritage trees may be cleared for streets and utilities.
  • In addition, 2/3 of the significant trees may be removed from the lots.
• Trees which require fees in order to remove
  • Heritage trees removed from lots require payment of $600 per diameter-inch
  • If more than 2/3 of significant trees are removed from lots, a $200 per diameter-inch fee must be paid for the excess removal
• Trees that cannot be removed without a variance
  • No more than 80% of significant or heritage trees may be destroyed. However, trees removed for streets and utilities are not considered to have been destroyed.

Non-residential developments (malls, warehouses, apartments, etc.)

• Trees that can be removed without paying mitigation fees:
  • About 5% of the significant and heritage trees may be cleared for easements and rights-of-way
  • 60% of the significant trees may be removed
• Trees which require fees in order to remove
  • Any heritage tree destruction requires payment of $600 per diameter-inch
  • If more than 60% of significant trees are removed, a $200 per diameter-inch fee is charged for the amount in excess of 60%
• Trees that cannot be removed without a variance
  • No more than 80% of significant or heritage trees may be destroyed.

Floodplains and environmentally-sensitive areas

No more than 10% of trees in floodplains or environmentally-sensitive areas may be destroyed. Developers are not permitted to pay mitigation fees in lieu of preserving the required number of trees.