ATLANTIC BEACH, Fla. — UPDATE: REsidents lose the battle to save the tree. The tree has since been cut down.
As new homeowners prepare to cut down a 100 year-old canopy oak on Atlantic Beaches Second Street, residents are crying foul. In addition to the tree’s aesthetics and history, the tree is said to protect the area and homes against flooding from heavy rains.
Mayor Ellen Glasser explains that despite knowing that the property owners are working within the confines of the law, she hopes that the community can persuade the owners to save the tree.
The law Glasser explains, is complicated. Even though Atlantic Beach has a strict tree ordinance to save old growth trees, ones that include high mitigation fees, the decision is ultimately left to the homeowners.
“Hefty mitigation fees don’t always dissuade people from what they consider a redevelopment of their new home,” she said. “Our tree ordinance was crafted to disincentivize the removal of these wonderful trees, but ultimately if the homeowner’s going to pay the fee, which in this case is pretty high, there’s not to much the City can do about it.”
The Mayor explained that mitigation fees have different standards for different trees. Homeowners can pay to relocate the tree to a different location on their property or they can remove the tree entirely. If they decide to remove the tree entirely, they’re required to plant 50 percent of the total diameter of the tree else where on the lot or pay into the City’s tree fund. That money is then used to plant trees around the city.
Glasser noted that permits are required to plant most trees, so every case is different with an underscore.
“The City’s planning to tweak the tree code to address such instances,” she said. “However, finding the balance can be tricky. Our code’s pretty strict. Our staff works hard talking to owners to maintain a balance between saving trees and allowing property owners to build a house of their dreams.”
She added that in this particular case, the homeowners have opted to pay the fee to remove the tree. With no mechanism in the code to protect the tree - not even from a historical standpoint as a heritage tree - there’s nothing the Beach City can do to save the beloved, 100 year-old tree.
“Homeowners can voluntarily designate a heritage tree on their lot that provides protection, but it’s not part of the deed,” continued Glasser. “While the city can legally protect a heritage tree, most heritage trees are in public spaces. Atlantic Beach has protected 15 trees within its City.”
The Mayor added that selling lots with heritage trees can make selling the lot more difficult. As in this case, it become harder for new homeowners to build what they want.
“It comes down to a fair balance,” she said.” We can’t restrict owners from doing what they do or don’t want to do on their property. They decided - voluntarily - want they want to do.”
Mayor Glasser remains adamant about supporting the voices of the citizens saying if the City can’t save the tree maybe they can.
“They’re voices are powerful and should be heard,” she concluded. “I truly hope they move the needle towards saving the tree. I support them 100 percent. A tree like this is what we want most to save.”
Laws differ between the County’s cities with the exception of an over-riding Florida State law that pertains to removing dangerous or dying trees not bound by the City code.
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