How one Estero councilman suggests the village protect trees

Estero property owners of single family homes on five acres or less would be required to obtain a permit from the Village of Estero prior to removing any protected trees from their land, according to a draft village ordinance.

The draft ordinance seeks to protect trees in Estero by removing an exemption in Estero’s transitional land development code, a document that spells out rules for how land can be used in the village.

Estero has used Lee County’s code since the village’s incorporation. Village officials have begun work on building Estero’s own land development code.

The exemption in the transitional land development code has allowed owners of single family residential property of five acres or less to remove protected trees on their land without getting a permit from the village.

DOCUMENT: Read Estero's draft ordinance to protect village trees

That has been a problem over the last several months in some of Estero’s gated communities that have used the exemption to remove trees from property without a permit, said Estero Councilman Howard Levitan.

In Levitan’s own neighborhood in Pelican Sound, live oak trees were cut down earlier this year, he said. Live oaks, with their sprawling canopies, are on the list of protected trees in Lee County’s land development code.

“On one day in April this year, on my street alone, they cut down eight of these beautiful trees that had been there for 20 years,” Levitan said at a recent Estero council meeting. “It was not a good day in my neighborhood, and I’m just one in Pelican Sound. How about in all the rest of the gated communities?”

Tree removal permits would cost $30 for the first tree and $1 per additional tree for single family properties that are five acres or less, according to the draft ordinance.

Prior to receiving the permit, the draft ordinance would require property owners to take steps to save the tree they want removed. The draft ordinance highlights root pruning as one way to attempt to ease any conflicts a tree might have with streets, sidewalks, driveways or public utilities.

If property owners are unable to save the tree, the draft ordinance says they must provide certification by a certified arborist from the International Society of Arboriculture indicating that attempts were made to save the tree.

If the tree can’t be saved, then a permit will be issued, Levitan said.

After a tree is removed, the draft ordinance requires landowners to grind up the tree stump. They must provide a plan for landscaping to beautify the area surrounding the tree stump.

If a protected tree is removed from the street side of a property, it has to be replaced by another protected tree of the same size and height, the draft ordinance says.

Estero’s Planning and Zoning Board reviewed the draft ordinance at a meeting on June 19. Board members appeared to have concerns about how it would impact village residents on single family properties in gated communities versus homes in communities without gates and homeowner associations.

Board members also suggested information be included in the draft ordinance on the size of protected trees that would require a permit.

During a village council discussion of the draft ordinance, Councilman Nick Batos said he believed the proposal was too broad and needed additional work.

“I think we are taking away the rights of people who are in existing one-family homes,” Batos said.

Batos said Estero should reach out to village residents and gated communities about what is proposed prior to passing the draft ordinance.

But Levitan said there is a public interest in protecting trees.

“This isn’t just a tree-hugger type of thing because people love trees,” Levitan said.

He pointed to the Lee County land development code, which says efforts to protect trees have many positive environmental impacts, such as preventing soil erosion and reducing stormwater runoff.

“I think the changes we’ve proposed are very small and minor compared to the good that this does,” Levitan said.  

The Estero Village Council voted 6-1 to pass the first reading of the ordinance on June 27. Batos was the one vote in dissent.

The final decision and second reading of the ordinance - where the council will listen to comments from the public - is scheduled for July 11.

If You Go

Estero Village Council Meeting

When: 9:30 a.m. Wednesday, July 11

Where: Village Hall, 9401 Corkscrew Palms Circle, Estero

Details: estero-fl.gov