Letter to Millwood Task Force on Tree Preservation Law

March 4, 2010
by June Farnham

Dear fellow Task Force members,

The recently proposed Tree Preservation Law has me thinking.  Some residents think laws related to property are only intended for those people building new homes - no matter what the regulation states.  I can see this point as the regulations can bear a price in time and money and abiding by a regulation limits the actions an owner wants to take. This disregard for regulations has led me to the view we should work towards only creating laws that residents will comply with.  If a law is such that it is likely to generate apathy and property right restriction, we should at least speak up when the law is under review.  Regarding tree preservation in the town, rules regarding the removal of trees for new construction seem prudent.

After a home is built, it is my view the homeowner should have some discretion on managing their trees.  For lots under one acre, owners of these lots should direct the Town Board on the level of regulation they want. These smaller lots, by definition, means “living with your neighbor” in a more confined space will be more impactful.  On lots over one acre, a homeowner should have some discretion and be able to cut down two trees per year per acre and any dead trees on their entire property without consulting the Town.  The proposed law would require a permit for tree removal in a 25’ buffer zone around the entire property (comprising 33% of 2 acre site).  The approval process would be burdensome and there is no guarantee the approval itself would not be hostage to some “politics” that bear little resemblance to being an understanding environmentalist or a good neighbor.  We should be able to determine for ourselves if a tree is dead and not schedule a meeting with the Environmental Coordinator or hire a tree company with an arborist on the payroll.

I think the proponents of this bill believe they have the “common good” in mind and are using the issue to establish their “cutting edge” environmental bona fides over an issue that I do not believe needs such attention.

Regards,

June

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