Five months ago local home builder Pahlisch Homes appealed the city of Bend’s newly minted tree code, suggesting it would increase the cost of housing in the city. This week the homebuilder ended its case against the city, formally dismissing the appeal.

Radler, White, Parks & Alexander — the law firm representing Pahlisch Homes — sent a “motion to dismiss” letter to the Land Use Board of Appeals earlier this week, effectively ending the lawsuit. Steve Hultberg, a partner with the law firm, declined to comment on the case, saying he was not authorized to speak on the matter.

The code was put in place after a lengthy study conducted by city staff and a panel of industry experts. It is designed to encourage property owners to keep more trees on their property during the home-building process.

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Officials have been concerned that Bend’s tree canopy is being depleted and the long term impact could be less shade, warmer temperatures in the city and a change in Bend’s rural character. Bend City Council, which passed the ordinance in June, is also worried that the loss of trees will accelerate climate change.

Corrie Harlan, cities and towns program director for Central Oregon LandWatch, said the conclusion of Pahlisch’s appeal was “good news” for Bend.

“The city ran a robust, balanced community process with many stakeholders at the table, including developers,” said Harlan. “Our community deserves the opportunity to see the new tree code play out to see if it is working as intended, to preserve more trees, especially big trees, while continuing to build the housing our community needs.”

While the code does require developers to leave a certain percentage of trees on their properties, it also has a payment-in-lieu of cutting them down.

When developers opt to pay in exchange for cutting trees, the funds will be spent on costs related to the maintenance of existing trees in the public right-of-way or other city-owned property, or to increase Bend’s urban tree canopy city-wide.

Pahlisch appealed the decision soon after its passage. At the time, Hultberg said Bend was “ignoring common sense suggestions” made by homebuilders. Pahlisch was on the committee that helped develop the code.

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Other opponents of the code — including the Central Oregon Builders Association, Bend YIMBY, Brooks Resources, Central Oregon Association of Realtors, Hayden Homes, and Empire Construction & Development — joined Pahlisch in the appeal in late August.

These businesses, and Pahlisch, were not opposed to Bend having a tree code. But they said the one that Bend had passed was too onerous and would make housing development more difficult and expensive.

After filing their initial briefs with the Land Use Board of Appeals, opponents of the code and the city held talks over the intent of the appeal, the opponents’ objectives, and possible avenues to resolve the appeal, said Rene Mitchell, a spokesperson with the city of Bend.

“During meetings in November and December between the city and representatives from the development community, the city received input from home builders on several types of data, information, and questions that could inform the city’s future evaluation of the tree preservation code,” said Mitchell.

Bend Mayor Melanie Kebler said city officials data and information as they assess the new regulations, She said she remains open to engaging with those concerned with the environment and housing as the rule goes into effect.

“I’m looking forward to continuing to work with all interested parties who share our concern for both tree preservation and creating more housing in Bend,” said Kebler.