On Aug. 6, Pahlisch Homes, a local homebuilding company, submitted an appeal of the City of Bend’s recently approved tree code regulations. In a letter, Pahlisch Homes requested that the City pause the implementation of the code and address concerns between the City and the development community.
On June 20, the Bend City Council approved updated tree regulations which aim to clarify how and when trees can be removed in new developments. The approved amendments state that if a certain percentage of trees are removed in a development project, developers will be required to plant new trees on-site or make a payment in lieu of tree preservation. The regulations go into effect on Aug. 16.
Pahlisch’s statement claims that the City moved too quickly through the process of amending its tree code and does not have a clear understanding of the severe impacts it could have on development in Bend.
“Under its current state, the code would have adverse effects and create barriers to providing needed housing and other uses within Bend,” read a statement.
The statement also alleged that the result did not address concerns brought up by building industry committee members that voted against it.
The Tree Regulation Update Advisory Committee was formed in June to help recommend amendments to the City’s tree code. The committee was made up of 14 community members with a range of viewpoints, including several in the development sector. Cory Bittner, with Pahlisch Homebuilders, was one of the 14 members.
“The appeal is not based on a lack of appreciation for the work done by the committee or against the intentions of the amendments, as Pahlisch Homes supports the city’s efforts to responsibly maintain and enhance the city’s tree canopy,” Pahlisch stated.
Because residents voiced concerns about a loss of trees in new housing developments, the code update aimed to address this by providing clear and objective standards for developers.
Over the course of several months, the committee met nine times before it made final recommendations to the City on Dec. 5, 2023.
“The updated code strikes a balance, recognizing we want to preserve trees while also continuing to build the homes our community needs within our urban growth boundary. This is just a first step, as the Council will continue to explore additional ways to promote and protect our urban canopy,” said Mayor Melanie Kebler in June.
In addition to its requirements, the City also added an arborist staff position and plans to track the tree preservation options being used and review the regulations annually, to better inform staff on the effectiveness of the code.
The City called Pahlisch’s assertions “unnecessarily inaccurate,” stating that the code was far from rushed.
According to the City’s statement, the Bend City Council approached the process so that the regulations would not impede the development of housing.
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The Tree Code Process was far from moving too quickly. This was two years in the works. And it actually took longer than I expected as I advocated for a tree preservation code while serving on SWNA and when I resigned as well. Developers are ruining this town with all the clear cuts and building of homes that are quite frankly not affordable to most. We don’t need to build every square inch of our city. Of course it’s a developer opposing the tree code because developers run this town and love clear cutting as it’s easier for them to build. And I would like to mention that these developers when they clear cut and which the tree code did not address is that in the Spring , they are continuing to cut down trees with baby bird nests and I have pictures and video of this where mama birds are distraught and baby birds, eggs and nests are smashed without a care in the world on Brooks Resources land. And this is a federal offense but they get away with it. There should be no cutting of trees if there are animal habitats residing in them. So too bad developers , live with the tree code that the residents of Bend want! We need trees not more unaffordable housing and black asphalt everywhere attracting heat in global warming . And because this tree code took too long to happen, developers with plans in place don’t have to abide by these rules.
What more could a developer wish for? The amended tree code exempts parcels of 1 acre or less from the need for any tree preservation at all. Then it gives 3 options for larger tracts. (1) Preserve 20% (only!) of trees with 20-inch or more diameters. (These are the ones that capture carbon most efficiently.) (2) Cut any and all bigger trees larger than 6″ in diameter on the parcel, as long as 25% of the total combined diameters of all the original trees is preserved. (What?) (3) Cut all the trees but pay a modest mitigation fee per tree removed.
And, as Ms. Perullo’s letter notes, no consideration in the amended code is given to loss of habitat, destruction of wildlife, creation of heat islands, and degradation of below-ground mychorrhizal health.
At a City Council meeting a Pahlisch representative bragged of his company’s regard for canopy, as seen by aerial photos of its developments. So why fight an ordinance that attempts to codify preservation of, at least, a small portion of urban trees?
The amended tree code allows developers to cut all trees on a lot (regardless of tree size) as long as they replant each one. This option allows them to avoid the $600 per cut tree fee. Since Pahlisch claims to already replant, why the need to fight this very developer-friendly tree code update?
Keep Bend Green – cut down the trees and send a flow of greenbacks. Hey it’s a win/win, less fuel for fires and fills up city coffers at the same time. /s