← Nov-Dec 2018 Newsletter

Portland's "Plant or Else!" ordinance

Last March, the well-intentioned Portland City Council quietly approved Street Tree Planting Standards (City Code Chapter 11.50.060) ostensibly for the greater good of the planet. But does the laudable end justify the means? You be the judge. Consider this case study:

A retired couple on a fixed income has lived in Beaumont-Wilshire for decades, loves the neighborhood, and is hoping to stay in their home for years to come. But parts of the house, especially the kitchen, are in serious need of refurbishing. Bids come in, and all are well above the $25,000 the couple has socked away in savings for home improvements. Borrow they must, and borrow they do, securing a home equity line of credit, and the remodeling begins. But soon the couple notice three painted white stripes on the curb next to their parking strip, each 25 feet apart from the other with no explanation. The mystery is solved days later when a letter arrives from Portland Parks & Recreation/Urban Forestry with the following terse directive in large bold print:

NOTICE: STREET TREE PLANTING REQUIRED Plant 3 Trees in the Right-of-Way Prior to Final Inspection

The couple is baffled. There must be some mistake. After all, the indoor remodel won’t remove or damage existing trees or harm their extensive garden, nor will it affect the veritable forest across the street in Wilshire Park. Moreover, the couple’s parking strip (the referred to “right of way”) has a vulnerable sprinkler system running the length of it, and the 20- to 30-foot trees planted in that location would effectively put an end to their lovely unobstructed view of the park. So they prepare an appeal, only to discover that unless the trees interfere with an underground utility line, which they won’t, the $110 fee for an “Administrative Review” would be wasted money. Facing significant costs to purchase, plant, and maintain the three trees, reconfigure the irrigation system to accommodate the plantings, and other potential costs, the couple assume the city is prepared to provide financial help. But not so, for homeowners are responsible for the entire bill, and the penalty for noncompliance is a fine of $1,000 per day! With that knowledge, the couple reluctantly begins researching trees on the limited list of approved trees.

Such is the law now in Portland: a home remodel with a price tag of $25,000 or greater, regardless of the homeowner’s income level, triggers mandatory planting of up to three trees in the property’s parking strip; with the number of trees, planting specifications, and tree selection options prescribed by the city. The main goal of the ordinance is clear: increase the tree canopy to reduce air pollution. Not so clear, however, is linking a $25,000 trigger for indoor remodels to trees without city assistance.

This article appeared in the Nov-Dec 2018 issue of the BWNA Newsletter.

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