Bill: HB 7, 85(1) - 2017
Committee
House Urban Affairs
2nd Chamber Committee
Senate Business & Commerce
Vote Recommendation
| Vote Recommendation |
Economic Freedom |
Property Rights |
Personal Responsibility |
Limited Government |
Individual Liberty |
| Vote Yes; Amend |
Neutral |
Positive |
Neutral |
Neutral |
Neutral |
Author(s)
Dade Phelan
Sponsor(s)
Lois Kolkhorst
Bill Caption
Relating to municipal regulation of the removal of trees or vegetation on private property.
Fiscal Notes
No fiscal implication to the State is anticipated.
Bill Analysis
This bill would require a municipality which imposes a tree mitigation fee for the removal of trees on private property in certain circumstances to allow a property owner to apply for a credit against the fee for planting replacement trees elsewhere. The bill prescribes the amount of credit which must be given based on the type of property and size of tree(s) to be removed. The bill specifies that a municipality may not prohibit the removal of a tree that is less than 24 inches in diameter at the point on
the trunk 4.5 feet above the ground; is diseased or dead; or poses an imminent or immediate threat to persons
or property. The bill would prohibit a municipality from regulating tree removal in its extraterritorial jurisdiction except in certain circumstances.
Vote Recommendation Notes
We support this bill as a modest improvement over the status quo. The bill would offer some relief to property owners who are subject to tree mitigation fees (government imposed fees for removing trees from private property) in the form of a credit against the fee for planting trees to elsewhere to replace those that are removed. We support this incremental step to protect property rights but recommend that the bill be amended to simply and fully ban political subdivisions of the state from regulating tree removal on private property.
