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Proposed Tree Ordinance Puts Private Property Rights at Risk
Are you considering any home improvement plans in the near future? Maybe you have some landscaping projects or want to build a garage. You might want to go ahead and do it now because, if passed, the newly proposed Louisville Tree Ordinance could hinder your ability to do so.
The ordinance, proposed by Councilman Bill Hollander, regulates how public trees, and some private trees, are cared for, pruned, and removed.
The ordinance would allow a private property owner to ask the city to designate a tree on his or her property as “historic” or “specimen.” Once the request is granted by the Division of Community Forestry, the tree is protected from being pruned or removed without a permit granted by the Division. No big deal, right? Except that the designation as a “historic” or “specimen” tree “shall attach to and run with the land,” barring subsequent property owners from pruning or removing the tree.
Further, you cannot dig a hole, build a driveway, or even trim a tree within the 40 ft. diameter spread of the roots of any “historic” or “specimen” tree. So, if your neighbor decides his tree needs the “historic” designation, it could easily affect your own private property rights.
The new ordinance also requires public trees to be taken care of by the abutting property owner. While holding private property owners responsible for the health of trees that are not on their properties, it simultaneously mandates that a property owner must get a permit for tree maintenance, which includes watering the tree.
There is some good news. The original 54-page proposal has been recently reduced to 19 pages. Many provisions — such as needing a permit to remove a tree on your private property — have been removed. Still, it is safe to say that this is where we are headed.
So, get to chopping while you can. Violations of the tree ordinance could cost you as much as $3,000 in fines per tree for a first offense, in addition to the appraisal dollar value of each injured tree .
You can view the full text of the proposed ordinance here.
Source: http://www.thelouisvilleteaparty.com/2017/03/proposed-tree-ordinance-puts-private-property-rights-at-risk/
