Workman stumps for tree removal bill

There are some trees that the city believes some efforts should be made to preserve. We dont outright prohibit the removal of those trees, but we feel that their removal should not be indiscriminate. Steve Jones, Lakeway city manager

State Rep. Paul Workmans bill that would allow a property owner to remove a tree based on potential fire risk without a notice or permit has some city leaders sharpening their axes.

Under HB 1858, which is in the Business and Industry committee, Texas municipalities and counties would not be able to enact or enforce laws that prohibit a property owner from removing a tree or brush that the owner believes to pose a fire risk to a structure on his property or on adjacent property. This would also block cities from requiring permits or notices before the tree or vegetation is removed.

Workman, District 47, said the loss of hundreds of homes in Central Texas in the 2011 Labor Day wildfires prompted him to file the bill.

According to Texas A&M Forest Service statistics for the 2011 fire season, 31,453 fires consumed more than 4 million acres and destroyed 2,947 homes and 2,804 other structures in Texas.

This bill is about fire protection, he said Friday. It is about enabling a homeowner to protect their home when they believe a tree is posing a fire hazard.

Taking Lakeway, Austin and San Antonio concerns into account, the revised bill exempts hardwood trees that are larger than 8 inches in diameter. Cedar and mesquite trees of any size would be subject to removal. Projects in the development stage would have to be constructed under normal development rules, Workman said.

Before the bill was amended, Lakeway City Manager Steve Jones had reservations about the proposed legislation that would have pre-empted the citys tree protection and oak wilt pruning ordinance.

There are some trees that the city believes some efforts should be made to preserve, Jones said. They are of a size or an age that is worth protecting. We dont outright prohibit the removal of those trees, but we feel that their removal should not be indiscriminate. We work with developers and homeowners; if there is a reason they must be removed, we are flexible as we can be on that.

Lakeways ordinance protects most trees that are 16 inches in diameter and larger. Property owners are prohibited from cutting down, destroying, removing any protected tree in the city without a tree removal permit.

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Workman stumps for tree removal bill