Council adopts ordinance protecting environmentally sensitive areas
October 29, 2009 (updated 11-7-09)

On October 29, 2009, City Council voted unanimously to adopt rules protecting trees in environmentally sensitive areas (ESAs). The new ordinance went into effect October 30th for non-grandfathered projects.

Bullis protection, and more

Mayor Castro initiated this ordinance to protect Camp Bullis, but the rules are written to cover most of Bexar County and even parts of Comal & Medina counties. These regulations will protect aquifer water quality, prevent pollution of creeks and rivers, reduce flooding, and protect wildlife habitat.

City Council is tree-friendly

Large Cottonwood tree near Medina River

Based on their comments during the October 29th hearing, and their votes for the ordinance, it seems that the current City Council strongly favors trees and environmental protection. Reed Williams spoke about the need to put an extension of the Prop. 1 aquifer protection program on the ballot as soon as possible.

John Clamp expressed concern about closing the agricultural use and homestead loopholes which developers have exploited to circumvent the tree ordinance. He is interested in using tree mitigation funds to plant trees in District 10.

Justin Rodriguez felt that San Antonio hasn't been the best caretaker of its natural heritage and is concerned about the loss of quality of life. He wants staff to keep him posted on non-attainment of EPA air quality standards.

Ray Lopez decried the impact of tree clearing on the Hwy 151 corridor and wants to see more consistency instead of clearcut tracts next to forested tracts.

Mary Alice Cisneros was critical of deficiencies in the "Save Bullis" ordinance while Jennifer Ramos was supportive of trees and the environment.

Castro commits to saving more trees

Mayor Julián Castro finished out the hearing by stating emphatically: "at the end of the day, we will significantly increase tree preservation in San Antonio."

About the ESA ordinance

What does the ordinance accomplish? It will adds protection of environmentally sensitive areas (ESAs) to the existing Tree Preservation Ordinance. In ESAs, developers are required to preserve 100% of heritage trees and associated understory vegetation. In addition, they must preserve 80% of significant trees and associated understory. Mitigation, e.g. paying a fee in lieu of preservation, is not allowed.

Map of steep (≥20%) slopes
Click to enlarge

OK, but what are “environmentally sensitive areas"?
Riparian buffers adjacent to floodplains on both sides. Over the aquifer recharge and contributing zones, these buffer zones are 60 feet wide. In other areas, they are 30 feet wide. Also, steep slopes with a grade of 20% or greater.

These sound like strong protections, is there a catch? Yes, several in fact:

The rules protect only "significant" and larger trees. Because of the way "significant tree" is defined, about 1/3 of Live oaks are not even counted. For species such as Ashe juniper, I estimate 90% are not counted. For trees like TX Persimmon and Mountain Laurel, virtually none will count.

Where there are no "significant" trees, there are no protections. This means that the majority of an average "environmentally sensitive" area can be bulldozed and paved over. This is an unusual and destructive provision, especially where riparian buffers are concerned. When contacting Council, ask for preservation of the entire ESA.

Developers will use grandfathering to circumvent the new rules. Most of the ESAs near Camp Bullis will be exempt, as well as tens of thousands more acres of undeveloped land.