Milan Nevajda, South Portland planning director Photo courtesy city of South Portland
SOUTH PORTLAND – As the city of South Portland approached the Jan. 1 implementation of its Tree Protection Ordinance, the Planning Division is informing and engaging the community through a series of information sessions. Milan Nevajda, planning director, provided insight into the ordinance and the city’s approach to communication in an exclusive interview.
South Portland City Council passed tree removal rules, balancing preservation with development by specifying protected trees and outlining restrictions. Shara Dee, the city’s communications officer, highlighted the zoning ordinance’s ongoing efforts to address tree loss during development through site plan reviews.
Approval from the city is required for the removal of 10 or more significant trees (DBH 10 inches or more, or 30 inches cumulative DBH for multi-stemmed trees in sensitive shoreland areas), three or more heritage trees (listed on the state’s big tree list, 90 years or older, or DBH of 60 inches or more), and any trees labeled as historic, according to recently implemented regulations. Program trees, planted through a city council agreement, may also require approval if funded by state or federal sources.
Regarding the public’s response leading up to the ordinance’s effective date, Nevajda said they have not had many inquiries about the new ordinance.
“This ordinance has been in development for some time and had multiple public hearings, so we’ve been fielding questions incrementally along the way, but since the ordinance passed, there has been the normal level of outreach to the Planning Division, perhaps 1-2 calls every 2 weeks,” Nevajda said.
The city has organized in-person and online information sessions to provide flexibility for community members to engage with the planning division staff. “These sessions are meant to be like ‘drop-in’ hours when the planning director will be available to discuss anyone’s particular questions or scenarios,” Nevajda said. “So, the sessions are less formal than needing to make an appointment and they are open so visitors can hear the responses to questions that may arise from other ‘drop-ins.'”
When discussing the anticipated benefits and challenges associated with the Tree Protection Ordinance, Nevajda said: “In terms of benefits, the ordinance provides transparency and clarity to existing tree protection language in our ordinance so that applicants can reliably predict their obligations when they are preparing site plans. The current ordinance language around tree preservation is vague and does not explicitly state what someone has to do if they affect a tree.”
Nevajda said the ordinance allows the city to preserve existing tree canopy more effectively, which is critical because replacing the trees when they are gone can be extremely challenging. “The ordinance puts boundaries on what the city can require with respect to tree loss and mitigation,” he said. “It encourages thoughtful planning creating site development plans. South Portland has a very good tree canopy when you look at the city on a large scale, however, the tree canopy is not evenly distributed. We have made it possible through the tree mitigation fund to bring canopy back to areas that do not have it. Tree protection is connected to myriad environmental benefits, not least erosion/sedimentation control, carbon sequestration, air quality, heat island-mitigation, and habitat preservation.”
Nevajda acknowledged challenges. “This is a new ordinance and people may have been planning development projects for a long time, without considering the new requirements,” he said. “Making sure that the new tree standards are built into the planning of a project is extremely valuable to avoid surprises down the road, particularly in an expensive construction market. The perception of what this ordinance requires is not always in line with the language of the ordinance. People may hear about new regulations for tree removal and only assume the requirements are adding costs. This is not always the case.”
Nevajda outlined a comprehensive communications approach. “We are implementing a multi-pronged communication approach,” he said.
The approach, Nevajda said, includes conventional media publications, a dedicated website for the ordinance featuring FAQs and guidance materials, staff meetings, and info-sessions. Outreach efforts also targeted specific stakeholders such as tree removal companies, landscape architects, and repeat applicants.
Nevajda stressed the importance of incorporating the new tree standards into ongoing projects to avoid unforeseen complications. “Making sure that the new tree standards are built into the planning of a project is extremely valuable to avoid surprises down the road, particularly in an expensive construction market,” he said.
The next Tree Protection Ordinance information sessions are scheduled for Jan. 4, 1 to 3 p.m. and Jan. 9, 9 to 11 a.m.
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