An item on page 10 of the upcoming RTM agenda here to update the Town Tree Ordinance was removed from consideration because it was not in legal order. The legal concern had nothing to do with taking away private property rights, but due to the technical issue of not falling under existing local/state enabling statutes.
New rules for private property owners. The intention of this revised ordinance was to expand regulations to private properties to prevent clearcutting of trees and the unintended loss of trees through negligence during construction. It also expands the definition of tree to include a "grove" of smaller diameter trees. It limits the number of healthy trees (you can cut dying trees) that a homeowner can cut to one per acre per year. The language (confusing) seems to require tree commission approval for any kind of tree removal (healthy or dying) on private property. A new 9 member commission will be established to enforce these rules including collect a $25 per permit fee and a $500 fee (per tree, per day) for each offense.
Where are the rules for utilities, highways and rails. To date, neither the existing tree ordinance, nor this new one, has prevented the massive clearcutting of trees that took place all along Metro North/I-95 (where are the replacement trees?). Nor has the existing ordinance stopped the constant cutting of trees by our utilities to enable them to keep their poles and wires above ground.
What next? Expect to see this ordinance come back again with the correct legal structure. Hopefully, when it comes back, language will be added to require (and enforce) utilities, highways and rails to protect our tree canopy and streamlining/limiting the language burdening private owners with many rules/fines/permits/approvals.
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