Bellingham City Council preserved an ordinance that protects healthy trees with diameters of 36 inches or greater for six more months, as city staff work with developers and community members to improve and review the regulation.
The protection was enacted through an emergency ordinance in May, after city staff heard of an increase in calls in tree service companies to remove trees that would be considered “landmark trees” in anticipation of the new regulation. In the summer, council voted to review the regulation through a legislative process, but staff said Monday, Oct. 21 that they need more time to do so.
The ordinance directs city staff to create and maintain a Landmark Tree Inventory to protect mature trees. Trees of any size that aren’t automatically included in the inventory can be nominated for inclusion based on distinctive traits. Groves of trees can also be nominated for inclusion in the inventory.
Trees in the inventory may not be damaged, removed or harmed without approval from the new Bellingham Landmark Tree Committee, which will create and maintain the inventory. The ordinance outlines situations in which a landmark tree may be removed, including when the tree is hazardous, removal is necessary to “enable construction on or reasonable use of the property” or if it’s necessary to maintain utilities.
Since the passage of the ordinance, Director of Planning and Community Development Blake Lyon said city staff have established that committee and have spent a “significant amount of time” working with property owners, developers and design professionals on the implications of the ordinance.
“It’s safe to say [the ordinance has had] the effect of retaining the trees, but it also is placing a pretty heavy, an upfront burden, on development activity in terms of the amount of effort that needs to go in to determine if a project is viable,” Lyon told Bellingham City Council Monday night.
In public comment, several residents spoke in favor of the ordinance, emphasizing the need for trees for human health and fighting climate change.
Ali Taysi of AVT Consulting, which advises and works with homeowners and developers across the city, described the impact of the ordinance on the development community in Bellingham as “chaos.” He said this has created processing delays and confusion, and has delayed housing projects.
“People are frustrated, they are scared to engage in development, they are walking away from development opportunities in our community because of this,” Taysi said.
Council member Michael Lilliquist described this vote as “merely procedural,” and said the city is undergoing a legislative review of the ordinance because they’re not sure they got it right. Council member Hollie Huthman said the city has multiple priorities — trees, dense walkable cities and building housing all included — and they need more time to find the correct balance.
“Even though what we’ve got right now (the ordinance) is not perfect, I think it’s important that we give staff in particular time to really work these things out,” she said.
Charlotte Alden is CDN’s general assignment/enterprise reporter; reach her at charlottealden@cascadiadaily.com; 360-922-3090 ext. 123.
