Dewey seeks to clarify tree ordinance requirements

Dewey Beach Commissioner Gary Persinger outlined several problems in the town’s tree-removal ordinance to council Jan. 13, and suggested ways to clarify its requirements and enhance enforcement.

In September 2021, commissioners voted to refer issues regarding the tree ordinance to the planning and zoning commission, Persinger said, but the issue doesn’t involve zoning.

The town charter and code committee briefly took up the topic but made no progress, Persinger said, and members asked him to bring it back to commissioners.

Currently, violating any part of the ordinance by illegally removing trees carries a $500 fine for each offense and requires the owner to replace each tree with one of comparable size and species.

Several commissioners and a homeowner said the fine is too small. David Lyons, a Chesapeake Street resident and planning and zoning commissioner, said he hoped council would consider revisions to make the ordinance more enforceable.

“You only have to live up here in the north end to watch the development and the speed of development that’s going on here with all the new homes and how quickly the trees are being taken down,” he said.

The town’s comprehensive plan calls for preserving the historic nature of the area, the trees and landscaping, Lyons said, adding that trees are important to reducing the carbon footprint.

“I know everyone’s always afraid of telling homeowners they can't or they must, but I think we have an obligation to everyone else in the town, as well as future owners in the town, to preserve what we all love about it,” Lyons said.

Commissioner David Jasinski said homeowners will pay the $500 fine for removing a tree without a permit, but often don’t follow through on the required replanting of a tree. He proposed changing the fine to a very large deposit with the town that is refunded when the tree is replaced.

“You’re talking thousands of dollars because that's what these trees cost,” he said.

Lyons broached the possibility of attaching a lien to the property so it could not be transferred until a tree is replanted or the town is satisfied the tree has been replaced.

“For $500, I can just ignore the town, and if I'm paying $1 million or $2 million for a piece of property, $500 is nothing,” Lyons said.

Assistant Town Manager Jim Dedes suggested commissioners consider not issuing a rental license to noncompliant property owners as an alternative idea. 

“That really hits home to a lot of people,” Dedes said. There’s a tremendous amount of income attached to that.”

Persinger said each tree removed, even those within the footprint of new construction, should be replaced. 

Mayor Bill Stevens said the ordinance needs teeth; he suggested the fine be increased substantially or the ordinance include a deposit that is refunded to property owners after trees are replanted.

“We need to keep the area green, so we need to have a resolution,” he said.

Regarding the allowance of the removal of trees less than 20 inches in circumference, Persinger suggested these trees can be removed without regard to species. 

When immediate harm is cited as the reason for removing a tree from 20 to 40 inches in circumference, he suggested the owner be required to provide a statement from a licensed arborist and that the town reserves the right to engage a consulting arborist before issuing a permit.

Trees larger than 40 inches in circumference may be removed for reasons including immediate harm, it sits in the footprint of new construction, or it is diseased or otherwise unlikely to survive. An arborist or town statement citing the reason for removal would be required, and again, the town would have the right to engage a consulting arborist before issuing a permit.

Persinger suggested that trees of any size in the right of way cannot be removed without a permit, and suggested deleting a section on tree stands; all trees should be treated the same, he said.

Regarding pruning, he said a no-cost permit should be required to alert the town to the action and provide opportunity to review, as tree topping is prohibited.

Commissioners said they hope to vote on a proposed revised ordinance at the next meeting.