Are you familiar with your local tree ordinances? If not, you might want to do some research before breaking out the chainsaw.
Cities and townships across the country have some version of tree-related rules that property owners must follow, or face consequences. The Center for the American Future, TPPF’s public interest litigation team, has now challenged tree ordinances from California to Texas to Michigan. The cases all stem from power-hungry local governments seeking to control what ordinary citizens do on their own property. In constitutional terms, these are considered a taking of private property under the Fifth Amendment and the excessive fines are prohibited by the Eighth Amendment.
TPPF’s involvement began in 2018 with two separate lawsuits in Canton, Michigan, where removing anything with a woody stem and a three-inch diameter could be punishable by up to a $450 fine. In one case, a company tried to address a flooding issue by clearing brush and trees on industrially zoned property. The township slapped them with tens of thousands of dollars in fines and tree-mitigation costs. In the other case, two brothers were fined nearly $450,000 for clearing blighted brush… to plant a Christmas tree farm! Thankfully, the courts eventually rejected that ordinance, but two new cases popped up this year.
In Austin, Texas, there is a City Arborist program that issues permits to remove or impact regulated trees above 8 inches in diameter. Alleged violators can appeal fines, but the all-powerful Arborist (who issues the fines) is the one who decides whether to show them mercy. TPPF’s client in Austin hired a company to trim branches that were hanging over his roof and some powerlines. The trees are alive and well, but the City determined that the property owner must either plant more than a dozen 13-15 ft. trees on his small lot or pay an $8,800 “mitigation” fee.
Arguably the most egregious case comes out of California. An Oakland couple is facing a staggering $915,000 in fines for clearing dead and dying trees from their property, with the help of an arborist, after the fire department told them to. For comparison, the criminal penalty for burning down an entire forest in California is $50,000. The City has also threatened to place a lien on the property and halted all building permits for good measure.
I share these cautionary tales to highlight the important work that our attorneys are doing, but also to point out the sheer absurdity of these tree ordinances. People should be able to maintain their own land without fear of life-altering penalties. It doesn’t feel like I’m going out on a limb by saying that.
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