Council tightens rules for vacating tree preservation easements, declares emergency
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Summary
The council amended Section 167.04 to require Urban Forestry Advisory Board review and to allow council to require replacement easements of greater canopy size or improved ecological value; the ordinance was adopted on third reading with an emergency clause.
FAYETTEVILLE, Ark. — The Fayetteville City Council on July 15 amended municipal code section 167.04 to add detail and new procedures for vacation of recorded tree preservation easements, including a requirement that applications be reviewed by the Urban Forestry Advisory Board and a new authority for council to require replacement easements with greater canopy area or ecological benefit.
Councilmember Teresa Turk introduced the ordinance changes and said staff, the city attorney and the urban forester worked together on the language. The amendment repeals the earlier subsection and replaces it with a process that requires the urban forester to present vacation requests to the Urban Forestry Advisory Board, and gives council explicit authority to require mitigation measures such as larger replacement easements, invasive species removal, and planting plans approved by the urban forester.
Public comment and council rationale
Speakers at the lectern expressed support for measures that strengthen the city’s tree canopy protections; others asked for clearer, quantitative criteria to judge whether a proposed vacation is “in the best interest of the city.” Turk said the Urban Forestry Advisory Board is developing standardized metrics for canopy benefit and the board would provide recommendations to council before final decisions.
Council action
Councilmember Moore moved to suspend the rules and proceed to third reading; the council approved the ordinance and separately approved the emergency clause so the amended code section took effect immediately.
Why it matters
The ordinance formalizes review by the Urban Forestry Advisory Board and gives council explicit tools to require replacement easements and active ecological improvements, such as removal of invasive species and new plantings, as conditions of easement vacations.
Ending
With the emergency clause approved, the amended code provision became effective immediately on adoption; staff and the Urban Forestry Advisory Board are expected to develop the specific metrics and review procedures described in the ordinance.