Exemption on the way for storm-related tree replacement

Longboat Key town commissioners took the first steps in changing a code that required property owners to replace one tree with two. 

On April 7, town commissioners unanimously gave first approval for an amendment to the code that provides relief to property owners who may not immediately want to replant trees because of the cost or need for further landscaping evaluation.

Chapter 98 of the town’s code, titled “Trees,” states two mature replacement trees are required for the removal of every tree. Commissioners received emails and correspondence from residents who expressed concern that this code created challenges in hurricane recovery efforts.

If replacement or relocation is not feasible, then “a tree replacement fee of $300 per mature replacement tree shall be paid to the town. These funds shall be kept in an account and used only for the designated replacement or planting of trees on public property.”

The text written in Longboat Key’s code exempted improved single-family lots from the requirement, but condominiums and commercial properties were still required to follow the two-for-one replacement or pay into the tree fund. 

The proposed change includes language that exempts properties that were impacted by natural disasters, allowing them to forgo the requirement for trees that are dead or substantially damaged because of a natural disaster. 

It also stipulates that while properties would be exempt from the town’s tree code, owners would still need to follow any state or federal regulations for protected tree species. 

According to Director of Planning, Zoning and Building Allen Parsons, the original requirement — which calls for two mature trees to replace the removal of one — may be an effort to maintain the island’s tree canopy and natural beauty. 

“There are lots of good benefits that flow from having a vibrant and healthy tree canopy town-wide, and that was the overall purpose of the tree protection code,” Parsons said.

Though District 1 Commissioner Gary Coffin suggested putting the brakes on the change and allowing the Planning and Zoning Board to review it further, other commissioners, like District 2 Commissioner Penny Gold, said the amendment was crucial in the short term. 

“What’s happening is that so many, especially condominium properties, have massive amounts of trees that have been killed by the saltwater. They need to come down, but the cost of trying to replace those two for one is exorbitant,” Gold said. “I think, in the short term, this is a logical response to the disaster. In the long term, I am all for the double tree canopy and I think we need it for the island.”

Commissioners also debated how to define “substantially damaged” and what sub-requirements that could lead to, drawing concerns that some owners might be too axe-friendly. But Commissioner-At-Large BJ Bishop said the commission should trust the community to restore the canopy and not clear-cut lots. 

“I think in this case, we don’t over-legislate it. We have some common-sense trust in the community,” Bishop said. 

Several condominium association representatives spoke at the meeting, including Wendy Ciewkowski, Seaplace's manager. 

Ciewkowski said this amendment would help the condominium association receive some relief in its restoration efforts. 

“We are replanting trees, but if we could at least do one-for-one and have some relief, that would help us out a lot,” she said.

According to Angie’s List, mature palm trees could cost between $150 and $800 per tree on average, with higher-end trees nearing $2,000.

The town commission concluded the discussion with a unanimous vote to give the amendment first approval after adding language that includes trees that are severely damaged.

There was consensus among commissioners that this amendment would act as a quick response to a request by residents, and staff will inspect the code in the long term. 

A second vote will be required at the commission’s next meeting to solidify the amendment.