Proposed Whitefish regs aim to protect public trees

An ordinance that regulates the maintenance and removal of trees within the public right of way will be considered by the Whitefish City Council on Monday, Nov. 20.

Whitefish city laws historically have addressed the regulation of trees on city property through subdivision regulations, but city code doesn’t adequately address all public trees in right of ways, parks and other open spaces, according to a staff report from city Parks Director Maria Butts.

To provide better guidance, the Whitefish Tree Advisory Committee drafted an all-encompassing tree ordinance, working with the Parks and Recreation Department, city attorney and the Whitefish Lake Golf Association. The Park Board unanimously supported the ordinance in May and directed city staff to establish a working group to develop a memorandum of understanding with the golf association.

The proposed ordinance offers a number of protections for public trees. It restricts any person or property owner from removing a public tree from a boulevard for construction purposes or any other reason without first obtaining written permission from the parks director. Trees removed must be replaced as deemed appropriate by the parks director, with the property owner bearing the cost unless the trees are removed at the request of the city.

Private trees must not interfere with the public right of way. Branches or limbs can’t extend over a sidewalk at a height of less than seven feet, or 10 feet over a bike lane. Property owners will have two weeks to clear the right of way; after that the city has the right to contract for or do the work and the costs will be added to the property owner’s city taxes.

Property owners wanting to plant new vegetation in city boulevards will need written permission from the Parks and Recreation Department prior to planting.

The new regulations also spell out criminal penalties. Violators will face a misdemeanor charge and if convicted “shall be punished by a fine not exceeding the International Society of Arborculture value of the tree, or imprisonment for a period not exceeding 90 days or both.”

In other business, the council will hold a public hearing to consider a conditional-use permit request by the Firebrand Lounge for a bar and lounge with a full liquor license at the Firebrand Hotel, 650 E. Third St. in downtown Whitefish.

A public hearing will be held to consider a conditional-us permit request by Robert and Crystal Black to expand a non-conforming residential structure in a commercial zone at 702 Greenwood. Ave. The blacks want to add an accessory apartment.

The meeting begins at 7:10 p.m. at Whitefish City Hall.

Features editor Lynnette Hintze may be reached at 758-4421 or lhintze@dailyinterlake.com.