Expanded tree protections on new construction up for council vote July 10

Would add Bald Cypress and Magnolia trees to protected list, tighten construction rules

Zuckerman balked at Discon proposal at previous meeting

MANDEVILLE — A proposed ordinance authored by Councilman at Large Scott Discon would significantly broaden tree preservation efforts across the city by expanding protections beyond live oak trees and establishing new construction-related safeguards for maintaining tree health.

Originally scheduled for a vote on June 26th, the ordinance was postponed due to concerns raised by Councilman at Large Jason Zuckerman. He expressed worries that the measure could impose a significant burden on property owners, potentially hindering their ability to develop their land. These objections necessitated the postponement and further consideration of the proposal before the rescheduled vote at the City Council’s July 10th regular meeting.

Zuckerman also posted his thoughts on Facebook, inviting feedback from the voters: “I am concerned that these changes may place a severe burden on property owners citywide and at the same time significantly increase Planning & Zoning agendas with variance requests.”

Ordinance 25-11 would revise the city’s Comprehensive Land Use Regulation Ordinance (CLURO) by redefining and replacing key terms in the landscaping and tree protection sections. Most notably, the ordinance expands the list of “protected trees” to include Bald Cypress and Southern Magnolia trees, along with all species of live oaks measuring five inches or more in diameter at breast height (“dbh”). Currently, only live oaks six inches or larger are specifically protected.

The measure would eliminate the existing “Live Oak Protection Requirements” section and replace it with a more comprehensive “Tree Preservation Requirements” provision. Among its new rules, landowners would be required to install four-foot-high, 12-gauge metal fencing around the drip line of each protected tree during construction. If a protected tree dies during development, the property owner must replace it with two trees of the same species. Administrative removal would only be allowed if both a licensed arborist and the city arborist determine the tree is dead; otherwise, a formal variance must be obtained.

The ordinance emphasizes the role of tree canopy in managing stormwater runoff — an issue of particular concern in Mandeville’s low-lying topography — and highlights the aesthetic and environmental benefits of maintaining mature trees.

Mandeville Daily consulted the current text of the CLURO in order to provide a less ambiguous interpretation of 25-11 for our readers:

Amend Article 9, Section 9.2.3 as follows:

Strike:

“6. Interior Landscape Area. Any landscaped area within the interior of a development site and beyond the required periphery landscape area that is planted with trees, shrubs and ground covering material to provide for infiltration of runoff, shade of parking areas or aesthetic enhancement of the site.”

Add:

“6. Landowner. The owner of that real property upon which a protected tree is located.”

Strike:

“12. Tree Canopy. The area within the circumference of the dripline of a tree. For purposes of these regulations, the average canopy of a mature Class A tree, except for live oaks and pines, shall be 700 square feet and the average canopy of a mature Class B tree shall be 125 square feet, the average canopy of a live oak shall be calculated as 1,500 square feet and the average canopy of a pine shall be 200 square feet.”

Add:

“12. Protected Tree. Bald Cypress (Taxodium distichum), Southern Magnolia (Magnolia grandiflora), and all species of live oaks possessing a diameter at breast height (dbh) of 5” or more.”

Amend Article 9, Section 9.2.5.7 as follows:

Strike title:

“Live Oak Protection Requirements.”

Add title:

“Tree Preservation Requirements.”

Strike all original text.

Add:

The City of Mandeville recognizes that in aesthetic benefits of a full tree canopy to the community, the proliferation of trees performs a valuable water management resource to the entire community by significantly augmenting the handling of water in low lying areas such as Mandeville. The removal of trees denigrates Mandeville’s ability to manage water resulting in aggravation of a sensitive water handling issue.

1. The landowner shall use reasonable care in maintaining protected trees. If a protected tree dies during construction of any improvements the landowner shall replace the protected tree with two (2) trees of the same species.

2. The landowner shall protect all plant materials required by this Ordinance to maintain a protected tree in a healthy condition:

a. For each protected tree, there is a mandatory requirement to use 12-gauge hard four (4) foot high metal fencing around drip line of the tree.

b. Fencing shall be maintained throughout the entire construction process.

c. It shall be unlawful for any person to place soil in such a way that would cause live oaks to become diseased or die. If filling with soil is necessary to properly drain the land, all efforts should be made to protect the area within the drip line of a live oak from the impact of such activity. Should all efforts fail and a tree removal permit be issued for the removal of the live oak the provisions of these regulations regarding replacement of trees shall be required to be met.

3. If a protected tree is determined to be dead by both a licensed arborist and the City arborist, the protected tree can be removed administratively through the permit process outlined in Section 9.2.5.14, otherwise a variance will need to be applied for as outlined in Section 4.3.4.

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