City Council Cuts Tree Ordinance

November 2, 2006

Unusually large, 70+ years-old Texas Persimmon (top); Large Huisache (bottom). These trees are too small to be counted under the amended tree ordinance.

A clandestine package of amendments from City Councilman Richard Perez eliminated, for the most part, protection of small, understory trees such as Texas Persimmon, Texas Mountain Laurel, and Texas Redbud. In addition, the changes abolished protections for the majority of Mesquite, Hackberry, Huisache, Ashe juniper, and Ash trees.

Another surprise amendment, by Roland Gutierrez, recognizes millions of dollars worth of "tree credits" that were useless under the 2003 ordinance. The credits can now be used to count in place of preserved trees on any development site and are for sale on the internet.

A sophisticated strategy

Perez's amendments seemed calculated to deflect criticism from him and other Council members who voted to weaken the ordinance. In what appeared to be a political maneuver, Perez assessed a modest building permit fee to finance a "Tree Canopy Investment Fund" for planting new trees and, presumably, buying the land they need to grow on. However, the fees collected by this fund will make up only a fraction of the tree mitigation fees that Perez axed with his amendments.

Perez's amendments had been kept secret from Phil Hardberger, Elena Guajardo, and Patti Radle. In addition, the text of a new "tree canopy" section of the ordinance, written by City staff, was not provided to the cTc.

Targeting developers who clear trees illegally, Christopher "Chip" Haass moved to assess a $10,000 fee for such activity. In light of the recent jury decision to fine Continental Homes of Texas $15.5 million, Haass's proposal seems largely deficient. It remains to be seen whether the fee will impact the increasingly popular practice of clear-cutting land before it is sold for development.

UPDATE: Haass's amendment was determined to violate state law and was rescinded by Council. City staff redrafted the amendment and brought it back to Council on May 30, 2007. Unfortunately, Council killed the new amendment when it came up for consideration.

The environmentalists

Hardberger, Radle, Guajardo, and Art Hall were the only votes against the worst of the amendments. However, Hall sided with the majority on a few of the staff amendments.

Dangerous trees

A video produced by Perez provided humorous relief from the dire proceedings. Perez showed a fallen Hackberry limb and cautioned that children could be crushed by them. Close-ups of Huisache thorns accompanied a warning that they could pop a kid's soccer ball.

Former Attorney-General Jim Mattox addressed Council on the dangers of mesquite thorns, and warned that a child playing ball would someday gouge out an eye on one.

Crowded house

For most of the day, Council chambers were swarming with development industry people wearing green stickers that said "Homes and trees" and "Trees and jobs". Zoning Commissioner Susan Wright displayed her allegiance to the industry with one of the stickers.

Environmentalists, though fewer in number, made a respectable showing, with superb speeches coming from individuals and representatives for the cTc, Scenic San Antonio, SA Conservation Society, League of Women Voters, and Alamo Group of the Sierra Club. Written testimony, all of it pro-tree, was sent by 32 people, and 6 of the statements were read aloud by the City Clerk.