Court rules against developer's claim that tree ordinance does not apply in ETJ
May 28, 2009

For years, development industry attorneys claimed the City has no power to enforce the tree ordinance in its extra-territorial jurisdiction (ETJ). According to a 5/28/2009 story in the Express-News, the 4th Court of Appeals has ruled they are wrong.

At the heart of the City's argument is our urban forest's capacity for removing air pollution and otherwise improving people's health. State law gives cities the power to enforce rules protecting health, safety, and welfare in the ETJ.

Developers failed in their argument that the tree ordinance was purely aesthetic. An analysis of the Court's decision, written by former City Attorney Frank Garza, can be read here.

If plaintiffs had prevailed, developments within the green areas (see map to right) would be exempt from tree preservation requirements. Since the vast majority of undeveloped land is in the ETJ, developers would have been free to clear-cut thousands of acres of trees. This would have, in effect, nullified the tree ordinance.

For more on this lawsuit originally brought by the City of San Antonio, read here.