SOUTH PORTLAND – The South Portland City Council recently passed comprehensive tree removal regulations to strike a balance between environmental preservation and development. The tree ordinance clarifies which trees are protected in the city, outlines activities subject to tree removal restrictions, and establishes procedures for reviewing activities impacting protected trees.

“The South Portland zoning ordinance has sought to catalogue and mitigate tree loss due to development for decades through the site plan review process,” said Shara Dee, South Portland communications officer.

The regulations were approved by a 5-1 vote at the Nov.14 meeting.

Mitigation measures, including tree replacement requirements and in-lieu fee payments, are outlined for excessive tree loss. Exemptions exist for certain activities, such as residential site clearing involving fewer than nine significant trees.

The ordinance does not specify who conducts tree removal, and homeowners are not differentiated from developers or commercial property owners. However, most homeowner activities are likely exempt since they typically do not involve projects requiring planning board review or the removal of a significant number of trees that would trigger the ordinance. Cemeteries are exempt from the ordinance.

In Section 27-2102, the ordinance provides definitions for four sub-types of protected trees, including Significant, Heritage, Historic/Cultural, and Program trees. These classifications are based on criteria such as trunk diameter (diameter at breast height, DBH), age, and specific designations by the city council.

Significant trees have a DBH of 10 inches or more, or 30 inches of cumulative DBH for multi-stemmed trees, or tress in sensitive shoreland areas. Heritage trees are listed on the states big tree list, 90 years or older, or have a DBH of 60 inches or more. Historical/Cultural trees are designated as such by the city council order, there are currently no trees are listed. Program trees are planted through an agreement undertaken by the city council, for example if the city received state or federal funding for tree planting.

Any tree removal that involves the removal of 10 or more trees categorized as “significant,” three or more trees classified as “heritage,” and any trees labeled as “historic” will necessitate approval from the city under the recently implemented regulations.

Mayor Katherine Lewis views the regulations as a small step toward addressing climate change and pollution. “The new regulations will help protect some of the city’s largest and most significant trees, which are known to reduce air pollution and carbon in the atmosphere,” Lewis said. “Overall, the regulations are ‘one small step’ because there are still many allowances for property owners to remove trees.”

Projects requiring city approval for tree removal are outlined in Section 27-2103. Planning board review exemption lists are provided, and non-exempt projects must comply with the ordinance. Projects not requiring planning board review but involving significant tree removal necessitate tree protection approval.

If a project involves “site clearing,” which includes removing ten or more Significant trees, three or more Heritage trees, one or more Historic or Cultural trees, or one or more Program trees, tree protection approval is required.

Councilor Richard Matthews cast the lone dissenting vote and expressed concerns about potential hindrances to affordable housing developments.

“I feel we have too many roadblocks to building affordable housing,” Matthews said. “This could hinder new housing development. The city has created so many new rules and processes for building homes that it’s becoming too expensive.”

A proposal to exclude single-family properties from the regulations failed with a vote 5-2.

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