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‘We all want to save trees’: Mobile wants to redefine its heritage trees - AL.com

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Bill Boswell recalled Tuesday his encounter with a Minnesota couple while standing in his front yard on Government Street during last year’s Mardi Gras.

“‘What are these green trees?” Boswell recalled them asking, as they looked up at the oak-canopied street. “I said, ‘these are our live oaks. These are our wonderful trees, and we try and do our best to protect them.’”

Indeed, Mobile’s love-affair with its live oaks and other trees is continuing as the city examines replacing its existing tree ordinance with a new one designed to protect more trees. The new plan under council consideration also includes details about what kind of trees will be protected, who will provide oversight, and punishment doled out to people who illegally chop them down.

A council committee is taking up whether to adopt a new 14-page tree ordinance that would replace a six-page version first adopted in 1961.

The ordinance switch also comes in the aftermath of two hurricanes last year that led to vast destruction of trees, including a massive devastation of live oak trees in Mobile’s historic Bienville Square. The changes also are occurring as the city’s reconstruction of Broad Street continues.

It was kickstarted in 2019 following a lively dispute between outraged residents and the city over the removal of 60 live oak trees along the route.

“Putting in a (replacement ordinance) as a stand alone version you can’t ignore, I think, is very important,” said City Councilwoman Gina Gregory who oversaw a committee hearing on the ordinance. “It’s increasing (the protection of trees). There has been confusion about that.”

She added, “I think we all want to save trees. It’s what we’re all here about. We want to see them vetted, smaller diameters (required for protection) and to make it more difficult to take them down,” Gregory said.

Under the newest plan, Mobile would expand the type of trees considered “heritage” – a large tree, often considered irreplaceable. The plan reduces the diameter of the tree trunks requiring a permit before removal, from a proposed 24-foot in diameter to 18 feet. The new ordinance also officially establishes an Urban Forestry Department, though the city has long had an urban forester on staff.

The existing ordinance defines a “heritage” tree as a live oak only. The proposed ordinance expands the definition to include a host of tree species such as ball cypress, longleaf pine, river birch, sweet gum, etc.

“Currently in the city code, if you want to develop property, the only size tree and type of tree that is currently vetted is a 24-inche in diameter or larger live oak tree,” said Peter Toler, the city’s urban forester. “We have a whole lot more trees in the city to offer.”

A similar discussion is occurring in nearby Pensacola, Florida. According to a media report, the city is also weighing ordinance changes that would redefine the word “heritage” under its tree ordinance, and would also shrink the diameter size of the tree trunk for live oaks and other tree species.

Under consideration in Pensacola is for a live oak to be at 32 inches, and for medium trees such as Southern magnolias to be at 24 inches.

In Mobile, the heritage tree definition lumps Southern magnolias and live oaks together under the 18-foot standard.

Toler said in peer cities his agency has reviewed, the standard is between 18-20 inches in diameter.

He said anything at 12 inches or small would be “impractical,” nothing that Mobile has “roughly 8 million trees.”

Council members also discussed the potential of beefing fines for improperly removing trees that are protected within the ordinance. As proposed, the ordinance includes a $500 fine for violations. But council members believe that some developers will rather be fined for violations rather than having to spend the time in getting the removal of a heritage tree approved by the city.

“It is so much easier to pay a $500 fine than to go through the process to get the right permit,” said Deb Foster with the Dog River Clearwater Revival group that advocates for environmental issues pertaining to the Dog River area south of Mobile. “If we can’t, by state law, make this go up what can we do to put more teeth in it?”

City officials suggested that a judge consider restitution in violations to the ordinance.

Mobile has long had a passionate, and sometimes tortured, relationship between tree proponents and city officials and project developers who remove trees that spark outrage.

In 2019, anxiety over the future live oak trees along Broad Street near downtown Mobile spread on social media and let to someone affixing yellow tags to the trees near Bishop State Community College. Gregory, at the time, said the ribbons sparked alarm among people who feared the trees were all being cut down. Following several months of debate, a resolution surfaced that included removing 62 existing trees, though it also included adding 200 new trees. The City Council, with a 6-1 vote, denied an appeal from residents protesting the project based on the tree removal plan.

The furor over tree removal also dates back to 2016 and 2015. A hotel development next to Bienville Square in 2015, sparked concern on social media and led to a $300 fine against the hotel developer after nine live oak trees were cut down for the hotel development.

In 2016, Mobile Mayor Sandy Stimpson’s former chief of staff, Colby Cooper, authorized the removal of a cedar tree from a public park and had it transported to Ladd-Peebles Stadium to serve as a background prop during then-President-elect Donald Trump’s “Thank You” tour following his election. Cooper resigned 11 days after apologizing for the incident.

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‘We all want to save trees’: Mobile wants to redefine its heritage trees - AL.com
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