Problematic Additional Tree Regulation Moving Through Dallas City Hall
With the passage of revisions to Dallas’ landscaping and tree mitigation ordinance just last summer, the impacts of the ordinance’s process and mitigation cost increases, that the Dallas Builders Association warned about, are not being felt as it relates to housing affordability. And even though the implantation of the ordinance is only recent, the city is now headed down a path of additional tree regulation that could pit neighbor vs. neighbor, while bringing new challenges to existing and future homeowners who desire to protect the value of their home.
Dallas’ City Plan Commission (CPC) recently approved a proposed Neighborhood Forest Overlay (NFO) district ordinance. NFOs would result in property owners facing tree regulations, otherwise not enforced upon them, if a percentage of the neighborhood/area’s property owners work through a petition process. Historically there are property owners in proposed overlays who, even though they do not want the additional zoning provision applied to their property, find themselves subjected to new development provisions. Obviously, there is concern over whether those asked to sign a petition are given full understanding of the impacts proposed overlays, such as the proposed NFO, would have on them and their property.
With NFOs, however, there is the additional concern regarding unintended consequences. While many species of trees undoubtedly increase the value of residential property, and responsible home builders exercise the utmost care to preserve and protect valuable species of mature trees, typically, it is not possible or prudent to preserve a tree when it is in close proximity to the home’s foundation. Dallas requires the foundation design of a new home to be endorsed by a licensed geotechnical engineer. If an engineer recommends the removal of a tree based on site and soil conditions, a property owner could suffer the consequences of the NFO provisions by simply complying with the city’s construction standards. This would not be fair.
A similar situation may arise for existing homes. Over time, tree roots may threaten a foundation. In these cases, property owners should be free to protect the structural integrity of their homes. And there are also concerns regarding whether proposed provisions would be in compliance with recently enacted state law resulting from the passage of HB 7 in 2017. Dallas BA had communicated these concerns to both the CPC and the Zoning Ordinance Advisory Committee. We will continue to weigh in on this issue.