Minnetonka fine-tunes tree-protection law

To stop landowners from skirting new tree protection rules by cutting down trees before seeking approval to subdivide their property, Minnetonka plans to prohibit removal of protected trees for five years prior to dividing up land into home lots.

And anyone who cuts down a protected tree during development -- or during the five years before development -- could face a fine of $500 per inch of tree diameter, up to $5,000 per tree.

Those are key provisions of a revised Minnetonka tree ordinance scheduled for approval by the City Council Aug. 25. If adopted, it would take effect immediately.

Council members unanimously agreed Tuesday to those provisions of the law. They had delayed action last month to allow time for changes that would protect trees without overly infringing on property rights.

The council initially asked the city staff two years ago to develop the tree ordinance because council members felt they lacked power to save significant trees from development. But the council rejected the a draft of the law in July, saying it was too strict.

On Tuesday, council members agreed unanimously on revised provisions to "protect the community's natural resources while allowing for reasonable development."

Some revisions were suggested by Council Member Terry Schneider, a land-use consultant who works outside of Minnetonka to help property owners seek subdivision approval in other cities.

As originally written, the tree ordinance was "weighted too heavily to preserve trees, to the detriment of property rights," Schneider said.

As a nod to landowners, the revised ordinance would no longer designate smaller trees -- species that do not grow more than 25 feet tall -- for high-priority protection. It also would cap the fine for removing any one protected tree at $5,000.

Originally, fines based on the diameter of the tree could have added up to $20,000.

The teeth of the ordinance remain in the requirement that subdivision lot sizes must be at least one acre if the planned development of a lot would eliminate more than 25 percent of a woodland preservation area -- remnants of the city's original forest -- or more than 35 percent of the healthy high-priority trees -- those at least 15 inches in diameter.

Landowners have objected to the one-acre rule -- a change from the city's standard half-acre lot size -- because it would leave them fewer lots to sell.

"We want to say [to land owners and developers] that you need to do your best effort in layout and design and sensitivity so the end result is good for everybody," Schneider said.

The ordinance would not regulate tree removal on lots where no subdivision of lots is proposed. It's not intended to stop someone from cutting down a tree to install a swing set or pool in their back yard, for instance, said Mayor Jan Callison.

The council changes will weaken the effect of the ordinance from the original staff proposal, said City Attorney Desyl Peterson, but "it does provide greater protection for trees than what we have now."