State has no right to undo tree-protection ordinance
Once again, the Legislature is taking aim at cities — and tree protection ordinances sit squarely in their cross hairs.
The value of trees and urban forests is unquestionable. There are very real economic, environmental and psychological benefits that trees provide for our communities and their residents. Studies have demonstrated that the presence of trees increases property values for homeowners. Trees benefit the environment by combating climate change; they absorb carbon dioxide while releasing oxygen back into the air.
Trees help prevent soil erosion and runoff, which leads to improved water quality. They furnish habitat for wildlife. Trees shade our homes and lower cooling costs in our often long and brutal summers. They muffle sound from nearby streets and freeways. And studies have shown that being surrounded by trees — or even just viewing trees and their eye-soothing canopy of green — has health benefits, such as reducing blood pressure and alleviating stress.
Determining how our urban forests should be managed and maintained is something best left to city governments who are most familiar with the peculiarities of their local environments and desires of their residents. Ordinances are one of the most important tools a city has to determine how it grows and develops. It is also how cities address and preserve quality-of-life issues expressed over time by their residents.
Work on our Master Plan began in 1974, and after years of public discussion, a citizens’ commission and multiple revisions, it was adopted in 1979. It recognizes that rugged terrain, scenic views and wildlife are among the city’s many special qualities and are integral to our community’s identity. One of the plan’s main goals is the “preservation and protection of native trees, shrubs, wildflowers and wildlife throughout the city.” Preserving this rustic, rural feel and giving residents the sense of living in an urban forest is one of the things that differentiates West Lake Hills from other communities in Austin’s shadow. And it is what our residents — over the course of decades — have said they prize.
Our tree ordinance is restrictive — though like most of our ordinances, it has evolved over time and is based on the desires of a majority of our residents. It was significantly amended in 2014 after nearly eight months of discussion, public hearings and a town hall meeting with testimony from a panel of experts on land management, fire safety, conservation, wildlife habitat and wild land urban interfaces.
We carefully considered the pros and cons of living in an urban forest and revised our tree ordinance accordingly. The current ordinance gives property owners considerably more leeway in managing their properties while maintaining the quality of life for the community as a whole. Though unrestricted removal of trees is still not allowed, homeowners can remove — without replacement — trees up to 12 inches in diameter within 30 feet of a residence to create a fire safety buffer zone. They can also remove invasive species without replacement, as well as any tree anywhere on their property three inches or less in diameter.
There was a great deal of give and take. Though this ordinance is not without its critics, everyone got something they wanted. The process was lengthy, deliberative and inclusive. It represents democracy at its finest and is called “local control.” That not all stakeholders are completely happy with the result likely means we did our job right and an effective compromise was reached. We don’t relish another tree discussion — but if one is needed, we want to do it on the city’s terms.
Trees take decades to grow and provide enormous benefits to current and future generations. I ask that elected officials at the state level not override laws that have been enacted and consistently reinforced over the years by our voters. To do so runs counter to the principles of self-determination set forth in the Texas Constitution. If our residents and voters are dissatisfied with our laws, they will tell us and we will listen.