The following is an update we received from City Councilor Mike Riley.

Thanks for your input on Bend’s Tree Code. We heard from you and many other before our work session on that code earlier this week, and we had a robust discussion at that meeting.

We discussed two buckets of possible tree code changes.

The first bucket we discussed was how the tree code applies to development for new housing projects. This was the outcome of that discussion:

  1. There was unanimous support to:
    1. Not treat Junipers different than other trees.
      That means juniper trees will continue to be considered when evaluating tree code compliance and mitigation requirements when they meet the definition of a regulated tree (6” or greater diameter at breast height).
    2. Not exempt trees located within future public rights-of-way (ROW).
      This means that regulated trees removed due to required development activity in the ROW (such as roads, planter strips, sidewalks, utilities, etc.) will still be considered when evaluating tree code compliance and mitigation requirements.
  2. There was unanimous support for staff to bring back Tree Code changes on these topics for the Council to consider.
    1. Fee-in-lieu reimbursements for additional tree retention.
      For trees that were identified by a developer and labelled as potential to be preserved, but were not initially counted towards meeting their tree code requirements, we would refund any fee they paid for that tree (or trees) if they were actually preserved and remain healthy three years after project completion.
    2. Expansion of tree preservation incentives for voluntary tree preservation on lots less than 1 acre (which are currently exempt from the tree code and thus not eligible for incentives).
      The incentives to be considered are still being determined but will likely focus on an increase in lot coverage (how much space buildings can take up on a lot) and a reduction in setback requirements (the minimum space between buildings and the edge of a property). The Council’s hope is that access to incentives may result in more trees (and especially more of the larger priority trees) preserved on these smaller lots. We won’t know if this tool works until we try it; we do know it will not result in less trees preserved.
  3. There was not majority support to move forward on this change, so the current policy will remain the same.
    1. Use of required street trees to satisfy mitigation requirements.
      The Council was split 3 to 3 on this topic, with some supporting and some opposing a change. (Councilor Norris recused herself from the housing part of the tress discussion.) This means that required street trees will not count towards the total number of trees that must be mitigation/replaced, either on-site or through an in-lieu fee paid to the City to be used elsewhere to plant new trees.

The second bucket we discussed was how the tree code applies to development on industrial lands, which are zoned to provide jobs. This was the outcome of that discussion:

  1. Council decided unanimously to not deregulate all trees on industrial zoned lands.
  2. However, there was unanimous support to create a new flat rate per acre for industrial zoned lands citywide, with the funds generated going toward a Tree Mitigation Bank that could be used across the city to plant new trees and fund other activities that support a healthy tree canopy in Bend. The Council recognizes that trees provide the most value to our community in the parts of town where people live, gather and recreate, and less so on industrial land that is developed intensively and primarily for activities that provide new, good paying jobs.
  3. Council did not support the idea of a tiered rate per acre for industrial lands citywide.

I recognize that the above detail is a lot to digest.  I share the detail to illustrate that your City Council, with support from our staff, is doing its best to develop thoughtful policy that gets the affordability and quality of life outcomes we all desire. In all of our decisions, we try to meet the affordability challenges Bend faces—we need new apartments and homes as well as more, better paying jobs so people can afford a rental or a home to buy—while also maintaining our high quality of life, which includes a healthy tree canopy. Getting there is not an easy task, and we will continue to experiment, learn and adjust course as we go.  Your input on what is most important to you helps us get there.

The next step is for staff to develop the details of the new policy options agreed upon and to bring those back to Council for review and a formal vote to change the code. Future code changes will include a public hearing, and you will have an opportunity to provide input at that time on the specific policy options before the Council.  We do not yet have an exact date for that public hearing, although it will likely occur in the March/April 2027 time frame. Please keep watching media coverage of this topic and our Council agendas, which you can find here a week before each meeting.