The City of Roeland Park is close to passing a long-debated tree protection ordinance.

After years of work inventorying the city’s tree population and holding local district meetings to discuss proposed regulations to preserve it, the Roeland Park City Council sent a draft ordinance to the city’s legal counsel for further revision earlier this month.

The draft provides for protection provisions for right-of-way trees – i.e. trees on public land between residential properties and the road – as well as for trees in private front gardens.

It is an attempt to protect the city’s old trees from the threat of destructive storms with strong winds and restoration measures.

Other nearby Johnson County cities, including Fairway and Prairie Village, already have tree protection ordinances in place, and the city of Mission is considering adopting similar ordinances.

This comes more than a year after a previous proposal for a tree protection ordinance was rejected by a vote of 4 to 3.

What does this new draft regulation say?

• The tree protection ordinance, which the City Council reviewed during its Aug. 5 workshop meeting, outlines regulations for tree care, pruning or removal by the city and how property owners should deal with diseased or infected trees.
• The draft also includes definitions for a “protected tree” – any tree on a covered property that has a diameter at breast height of more than 30 cm – and a definition for a “replacement tree”.
• The draft regulation does not contain a clear definition of the term ‘nuisance tree’, but feedback from residents suggests that such a definition should be included.
• Residents apparently want a “nuisance tree,” defined as a tree that is dangerous, likely to fall, poses a high risk, or has the potential to fall and thereby cause harm to people or property.
• If this draft regulation is adopted, it would take effect 90 days later – council members called this period an “information period” during which citizens would be informed of the changes.

A full version of the draft regulation can be found in the document embedded below.

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“Make it even stronger”

• At the August 5 City Council meeting, Mayor Michael Poppa shared a summary of resident feedback he received from council members who held district meetings last year.
• Residents have suggested including clearer definitions of what is considered a “nuisance tree” and involving the city’s arborist in decisions about tree removal.
• The city council ultimately decided that, in addition to incorporating further feedback from residents into the draft ordinance, the city’s legal advisors should also include a more concrete definition of the nuisance tree in the draft ordinance.
• “We had a really strict regulation, this one just makes it even stricter and easier to understand,” Poppa said.

Council members interested in new tree inventory

• Councilwoman Jan Faidley said she was interested in an updated inventory of the city’s trees.
• Faidley said the current stand is about two years old, and during that time about a dozen trees have been cut down in her neighborhood alone.
• Faidley said the city needs to work to “restore the tree canopy through immediate planting” so that Roeland Park residents can benefit in 50 to 100 years.
• City Councilman Matthew Lero, who also supported the idea of ​​an updated tree inventory, said the city should consider a citywide tree plan similar to the one in place in Kansas City, Missouri.
• The City Council is expected to discuss an updated tree inventory at a future governing body workshop, and the City’s Sustainability Committee is expected to consider a citywide tree plan.

Next Steps:

• Roeland Park’s legal counsel is tasked with developing a more precise definition of what constitutes a nuisance tree.
• The City Council is expected to consider a revised tree protection ordinance at a future governing body workshop.
• City Administrator Keith Moody told The Washington Post via email that the city expects to present a revised draft to the City Council as early as its first meeting in September.
• The Roeland Park Board of Directors workshop meetings will be held immediately following City Council meetings, which begin at 6:00 p.m. at City Hall (4600 W. 51st St.).

Go deeper: Watch the City Council discussion online here starting at 1:44:00.