REMARKS
Council Member Gennaro's upcoming bill to protect trees within city's right of way
1:05:30
·
4 min
Council Member Gennaro discusses his upcoming bill aimed at preventing the unauthorized removal of trees within the city's right of way, even if they appear to be on private property. The Parks Department representative acknowledges the issue and offers support in developing the bill.
- The bill will address contractors removing trees on the property side of sidewalks but within the city's right of way
- It will include an education program and enforcement measures
- The Parks Department offers to connect Gennaro's team with their forestry experts to provide input on current practices
Jim Gennaro
1:05:30
Because I'm I I I always fund a lot of plantings, and, I'm gonna give myself a little latitude and go, like, a little off topic.
1:05:43
It's one of, like, the benefits of being cherry.
1:05:45
You kind of you get away with that in, like, little doses.
1:05:51
I'm putting a bill in that, it's in bill drafting now, and it has to do with, making sure that tree contractors or residents don't take down street trees that are within the city's right of way.
1:06:10
You're familiar with this.
1:06:11
And so every so, you know, my street has, like, a 60 foot right of way, in which the city, you know, controls the vegetation and can do, like, a host of things within that 60 foot right of way.
1:06:26
The street itself is only 28 feet wide, and so from the curb it goes 16 feet in on both sides, and I see tree contractors, taking down trees on the property side of the sidewalk, but within the right of way.
1:06:46
And so,
Paul Rush
1:06:48
you know,
Jim Gennaro
1:06:48
this is a phenomenon which I sometimes complain to the Parks Department about it.
1:06:52
The queen's office is very good about it.
1:06:54
They get out there, they you know, if I see the people sitting up and I think this thing's a street tree, then I come out and have the parks department.
1:07:02
They'll measure and tell the contractor, get your hands off this tree like you can't touch it.
1:07:08
And, so it's something I'm gonna be, and so it it now this is common knowledge in the parks department where there's this so called right of way.
1:07:18
And so and it is true that you can't take down a tree within the city's right of way, even if it's on the property side of the sidewalk.
1:07:26
I'm, like, correct in that assertion.
1:07:28
Right?
Matt Drury
1:07:28
Yeah.
1:07:29
My understanding is that trees within the right of way as it's as it's defined are under the jurisdiction are considered city property and under the jurisdiction of the Right.
1:07:36
And there are penalties attached with an unauthorized removal in that regard.
1:07:41
It it does happen.
1:07:42
It's not super common, thankfully, but it does happen where, you know, a tree may just by all other appearances seem to be on someone's property.
1:07:50
And there there there are some sometimes some conflicts that arise from that and our our forest as you described, our forestry team would get out there and and and, try to try to clarify where the right of white true true
Jim Gennaro
1:08:00
Oh, okay.
1:08:01
Well, you should tell the department that this that this bill is coming.
1:08:04
Mhmm.
1:08:05
And so it's gonna be, an, you know, education program and an, enforcement program, you know, against contractors who either don't know of the existence of the right away.
1:08:18
I think most tree contractors, as long as it's on the property side of the sidewalk, they're taking the tree down and they're gonna collect their 5 grand and they're gonna grind down the stump, and that tree was never there.
1:08:29
And so, so just tell your colleagues that this is coming.
1:08:33
We're doing everything to try to, you know, increase the tree canopy, and here we are, like, losing trees every day to contractors who willingly don't know, what the rules are.
1:08:44
And so, and so, yes.
1:08:48
And so that's that's coming.
1:08:51
Thanks for that.
Matt Drury
1:08:52
Tree protection is a big priority for the agency.
1:08:54
If it would be helpful to connect, you or your staff with our with our forestry team to come out and hear about our current practices to that to that scenario, even if it's not commonplace, if that would help formulate any thoughts along as the bill is coming together, we'd be happy to do that.
Jim Gennaro
1:09:07
Sure.
1:09:07
That'd be great.
1:09:08
So, you know, please make a note, Natasha, about that, that we should get this you know, we should, you know, understand more about what's going on in the Parks Department.
1:09:22
That bill isn't drafting now, and so I I want this to be I want the bill to be bulletproof, and and and and workable, so thank you for that.