(The opinions and views expressed in the commentaries and letters to the Editor of The Somerville Times belong solely to the authors and do not reflect the views or opinions of The Somerville Times, its staff or publishers.)

By Chris Dwan, Resident; Mark Niedergang, City Councilor, Ward 5; and JT Scott, City Councilor, Ward 2

Somerville developers take notice: preliminary protections are now in place for trees on private land in Somerville. If you intend to cut a tree greater than six inches in diameter on private property, you may be required to plant replacements, pay into a replacement fund, or both.

At the January 24 Board of Aldermen meeting, we submitted a Tree Protection amendment to Somerville’s zoning ordinance. Our primary goal with this was to stop developers from clear-cutting trees on properties that they plan to redevelop. Our ultimate goal is to empower residents and provide the incentives and funding to act meaningfully on the restoration of Somerville’s urban forest canopy.

Zoning laws can be enforced – if they are eventually passed – as of the date on which a public hearing on a proposed zoning amendment is “noticed” via an advertisement in the newspaper. For this amendment that date was Wednesday, February 6. If the proposed zoning law eventually passes, it would be retroactively effective as of that date.

This makes it a wise move, today, to join the conversation and help us to pass the right ordinance, rather than to clear-cut.

The text of the proposed zoning amendment is online at the city’s website. The Public Hearing will be on Wednesday, March 12, 6 PM in City Hall. Anyone can testify and/or submit written comments by emailing CityCouncil@somervillema.gov and Planning@somervillema.gov.

A new Tree Protection Ordinance

Based on advice from the Planning Department and the Solicitor’s Office, we will also submit a comprehensive revision of the city’s Tree Protection Ordinance this coming Thursday, February 14. This ordinance will, among other things, establish a system of permits for tree removal that will be both faster and simpler than the process of zoning review.

We based this work on similar regulations in neighboring cities and towns. We spoke to many residents and neighbors and worked with City staff to find a balance that respects property rights while slowing and reversing the tree losses of recent years. We look forward to public discussion and debate and fully expect corrections and improvements to the revised ordinance we have drafted.

Our goals with this revised ordinance are:

• To clarify the roles and responsibilities of the Tree Warden and the City Arborist.
• To leverage the newly created Urban Forestry Committee as a public forum for tree issues. The “Tree Hearings” required before street trees are removed will now be held as part of the public meetings of this committee. This will shine a light on what has been a murky process.
• To bring resident voices, via the Urban Forestry Committee, into the conversation on how the city’s limited funds for tree care and planting should be prioritized and spent.
• To create a system of permits that will prevent surprise clear-cuts, generate revenue from developers, and punish bad actors.

This is not a ban: Nothing in this proposed ordinance will prevent or even unduly delay a property owner who wants to cut some or all of the trees on their land. A completed permit application requires a plan showing which trees are to be removed and where new plantings will go. The application will also require a payment into the city’s “Tree Fund” to make up the difference between what is being cut and what is being planted.

To allow flexibility, the permit application will include an option to request a waiver of fees. These requests will be discussed publicly by the Urban Forestry Committee. Whether for financial hardship, because a tree is damaging a building, or for any reason at all, the option should be there.

Why this approach

The City Council has been vigorous in our response to the tree decimation of recent years. We have supported the Mayor in adding new City staff positions and funding, and we have issued dozens of board orders instructing the Administration to prioritize preservation of the City’s trees. While this was important, it has not yet turned the tide. With this ordinance, we are taking the next step.

In August 2018, Alderman Niedergang submitted a board order asking the City Solicitor to consider the policies of neighboring cities and towns and draft potential regulations on tree cutting on private property. Comments in this newspaper grew heated. One developer immediately razed a wooded lot on Spring Hill without waiting to see what the proposed ordinance might be. We realized that the public conversation required to create a good ordinance was going to create a real risk to hundreds of mature trees.

By submitting the zoning amendment first, trees on private property have some protections, and the City Council and the community can develop a fair and effective Tree Protection Ordinance without more trees being destroyed.

Striking a Balance

Trees are a public good, even when they are located on private property. Trees shade and cool all of us, not just the owner of the property where they stand. They increase property values while reducing energy consumption and providing privacy in our dense city. They protect air quality, sequester massive amounts of carbon, provide protection from glare and heat, and baffle noise, They reduce topsoil erosion and stormwater runoff, which means fewer flooded basements. At the same time, they provide habitats for wildlife, all while beautifying our city. Because these benefits of trees extend beyond the property line, the harm of cutting them down is felt beyond the property line.

In addition, many of the trees we are talking about protecting have grown in our city for 50, 75, and in some cases more than 100 years. They are remarkable survivors in their own right. People who say that we can plant saplings to replace mature trees neglect to point out that this means that those of us who live in Somerville today will live out our lives in a town of twigs rather than a tree city.

Please join the conversation, and help us to pass the right legislation on this important topic.