After recently completing a broader community plan, the city of Lake Oswego is ready to zero in on the most talked-about issue within local forestry policy: the tree code.
Staff shared with the City Council Tuesday, Nov. 19 that it will soon start a process of updating its standards for regulating the preservation and removal of trees. Doing so was one of the objectives within the recently completed Urban Community Forestry Plan.
The tree code has been debated frequently in recent years, often by those worried that Lake Oswego’s robust tree canopy is being eroded by booming redevelopment. However, following last January’s storm — when dozens of trees fell onto residential properties — some community members posited that the code is actually too restrictive when it comes to the ability of property owners to remove trees that are a threat of falling.
What will the process look like?
Tweaking the tree code will begin with the city hiring a consultant and continue with the formation of a task force with residents, arborists, developers and other relevant parties. The consultant will perform a thorough review of the local code as well as those in other communities before providing recommendations. The city plans to select a consultant in February, conduct public workshops and focus groups in 2025 and for the final adoption of the tree code update to take place in early 2026.
Some of the policies the city is considering — based on the forestry report — include bolstering requirements for developers to plant new trees (including street trees), creating incentives for developers to preserve trees, updating the hazard tree removal criteria and creating clear and objective standards so that tree code policy complies with state housing regulations.
“I believe your list is very comprehensive and I think it’s a good starting point,” Councilor Rachel Verdick said to staff during the meeting.
The city’s perspective
Staff and councilors generally shared the view that the existing tree code could be improved but that it is working fairly well, as exemplified by the city continuing to have a relatively expansive tree canopy.
“The overall approach would be: These are targeted amendments,” Community Development Director Jessica Numanoglu said at the meeting. “We did a review during the Urban Community Forestry Plan update. There wasn’t a finding that our code was just a throwaway, that we need to start over. It’s working pretty well but there are definitely things that need to be updated to address urban forest sustainability and the recommended urban management practices.”
“Our tree code almost makes no one happy, and that is sometimes the best policy to have because you’re kind of in the middle,” Councilor John Wendland said.
However, the council generally saw a few holes in the code — specifically that it is too hard for property owners to remove trees that pose a risk for their property, and large trees are too often replaced by small ones in the development mitigation process.
Councilor Ali Afghan said he wanted more flexibility for property owners to cut down potentially dangerous trees but that the city should require plantings that have a net positive impact on the environment and canopy.
“I want (Lake Oswego) to be this beautiful forever and for future generations,” he said.
Verdick concurred that the code for hazardous, dead and invasive tree removal policies might be too restrictive.
Mayor Joe Buck pointed out that the city also plans to undergo a process to update code standards to make housing development easier. He said the city should weigh these two council priorities in its lawmaking.
Another challenge that some Lake Oswego neighbors have experienced — especially in the wake of the January storm — is the issue of neighbors having dead or potentially hazardous trees that pose a threat to another property owner, but refusing to take the trees down. City Manager Martha Bennett said staff could look into ways the local government could address this, but doing so would be burdensome from a staffing and resources standpoint. Whether the tree code update will try to address this issue has not been determined.
Article originally published on November 20th, 2024 on the Lake Oswego Review website. Click here for the original article.
