Bend loves its trees. Now, its City Council will have a chance to pass rules making it more difficult for property developers to get rid of them.

A special committee developing a new tree code is recommending certain percentages of trees be protected on private land. The City Council will review recommendations and gather input from two public hearings and the seven-member planning commission.

Councilors could adopt the recommendations in the coming months, although no timetable has been set to review them.

Amid torrid growth in Bend, some real estate developers are cutting down trees to make way for homes and business ventures they say are badly needed in the community. It has become a regular sight, especially on Bend’s west side, to see forested lots cleared of their trees in a matter of days.

Clearer rules

While builders are currently required to save some significant trees on their properties, environmentalists say clearer rules are needed to save a greater swath of Bend’s tree canopy. In addition to the aesthetic qualities of trees, environmentalists say, their preservation helps keep the city cool in summer and retains snowpack on the ground in winter.

The recommendations were produced by the Tree Regulation Update Advisory Committee, an advisory group that met regularly for six months until December. Tree codes in other cities — including Portland, Bellevue and Seattle, Washington; Boise and Coeur D’Alene, Idaho; and San Antonio — were used to help guide the process.

Details in the code could still change before its adoption by the council, said Pauline Hardie, a senior planner with the city of Bend.

If the committee’s recommendations are adopted, lots that are 1 acre or more must have all trees 6 inches in diameter or greater, identified, inventoried and mapped. The diameter of the tree is measured at the trunk, 4.5 feet above ground level.

Developers would be required to inventory all the regulated trees on their lands and retain a certain percentage of them after construction is complete.

Planting replacement trees in other locations on the property is also an option being recommended.

Developers have options

Once a lot is inventoried, property owners would be faced with options of what they can do, according to the recommendations.

One option is to keep at least 20% of the priority trees, defined as those trees 20 inches in diameter. A second option involves preserving an amount of trees equal to 25% of the combined diameter of trees on the property that are greater than 6 inches.

Lots that are smaller than 1 acre can be cleared of trees, but new trees would need to be planted elsewhere on the property. However, a developer can also pay for a lost tree, although amounts have not been identified.

Some people with knowledge of the tree code proposal said the requirements aren’t tough enough.

“I have advocated for the code to be stronger,” said Kavi Chokshi, a participant on the advisory committee. Chokshi said his comments represent himself as an individual, not as a former committee member.

“My takeaway was the percentage is not higher than what is already being done, so I am making the case that it doesn’t preserve more trees, which is one of the goals.”

Chokshi recommends 5% increases for each tree formula: Priority tree preservation should be increased to 25% and the second option to 30%..

“It’s not a huge increase, and it’s in line with the other cities we looked at,” he said.

Clear and objective code

Bend Mayor Melanie Kebler said the new regulations will fulfill a need by the city to provide a clear and objective code for homebuilders to follow. Tree preservation is part of at least three city codes, but the connections between these codes lack consistency and are difficult to enforce.

“Achieving this alone will make a big difference in Bend. We tasked (the Tree Regulation Update Advisory Committee) with striking a balance between the preservation of trees and the ability to build needed housing,” Kebler said. “They have done a good job producing a first concept for us to receive further input on.”

Kebler specifically cited the option of paying for lost trees as a potential resource for the city to develop and protect its urban canopy in the future.

Creating more housing that lowers rents and entry-level housing should be considered as the city moves on the code. Kebler said it’s important to keep workers in the city so they don’t need to drive long distances to Bend, with their vehicles emitting greenhouse gases as they go.

“Crucial to that is the availability of housing so people who work here can live here,” said Kebler. “This code allows us to be more mindful of the trees being removed for development purposes and also gives us an opportunity to replace them.”

Austin Buskohl, a licensed broker with Keller Williams Realty in Bend, said retaining existing trees could help the local real estate market because larger trees are an incentive to buyers.

“When I am showing properties to clients, more often than not they enjoy established neighborhoods that have a mature feel with mature trees on the streets,” said Buskohl. “With new construction, you don’t get that. You have to wait a decade or so.”

Buskohl added that the city’s attempt to retain the trees could save Bend from becoming overly urbanized.

“People move to Central Oregon because they like nature. We don’t want to create a concrete jungle here in the middle of Central Oregon because of the development,” he said.

More Information

What are the next steps for the tree code? The city is planning to host two information sessions that the public may attend and ask questions.

Q&A session 1: March 7 at 11:30 a.m. in Council Chambers at City Hall, 710 NW Wall St and virtually. Registration link.

Q&A session 2: March 12 at 5:30 p.m. at the Bend Municipal Court, 555 NE 15th St and virtually. Registration link.

Details are available on the City of Bend website (type TRUAC) in the search bar.