Havre de Grace council adopts changes to landscaping code after residents object to raising tree-protection threshold

Havre de Grace The Havre de Grace City Council on July 21 adopted Ordinance 11-93, amending Chapter 102 of the city code (landscaping) to modify the city's tree-protection provisions. The ordinance as adopted includes language that treats 30-inch-diameter trees as a distinct protected category and makes other changes to administration and scope; the final vote was 3-1 (Councilmembers Boyer, Shenagas and Jones in favor; Councilmember Ellis opposed).

Members of the public who spoke during the meeting urged the council not to weaken protections for smaller but ecologically important trees. "This ordinance changes the city's tree protection laws from protecting trees of 6 inches in diameter to 30 inches in diameter," said Chip Place, a Havre de Grace resident, during public comments. Christopher Wolf, also a resident, said removing the existing language that covers trees over 6 inches "will lead to unnecessary clearing of forested areas."

Why it matters: Chapter 102 is the city's landscape ordinance and has been a local mechanism to protect trees that are smaller than the large "specimen" trees referred to in the city's forest conservation chapter (Chapter 81). Several residents said the proposed amendment appeared intended to align Chapter 102 with Chapter 81 but would eliminate a layer of local review that currently examines removal of trees at a lower diameter threshold. Planning and council discussion acknowledged the city and state codes differ and the ordinance changes administrative authority for some approvals.

What the ordinance does: The text adopted July 21 replaces portions of Section 102.6 and related subsections. Among the changes summarized in council documents and read aloud at the meeting, the amendments:

- Treat 30-inch diameter trees as the upper-tier "mature" category referenced in Section 102.6. - Replace certain references to "the city" with the "director of planning" for administrative discretion. - Update cross-references for consistency with Chapter 81 (forest conservation). - Add a new paragraph clarifying that Chapter 102 landscaping requirements do not apply to areas subject to pending subdivision or site plan review under Chapter 81.

Public testimony and technical points: Several residents gave technical context and urged retention of the 6-inch review trigger. Chip Place told council the planning director currently has discretion to allow removal of trees over 6 inches "if proper justification is provided," and warned that raising the threshold to 30 inches would open greenfield and infill sites to greater clearing. Christopher Wolf said keeping the 6-inch protection demonstrates the city's commitment to the local ecosystem.

Kirk D. Smith, another resident, asked the council and staff to clarify how trees should be measured, noting commonly used conventions and tools for trunk caliper measurement. He told the council that for larger trees "4 foot 6 inches for bigger trees is where you should measure," and urged staff to adopt consistent measurement standards in enforcement.

Council debate and amendments: Council members discussed the proposed text and asked staff for summaries rather than reading the ordinance word-for-word. The council voted first to adopt a package of amendments to the draft ordinance and then voted to adopt Ordinance 11-93 as amended. The roll-call vote on the amendments and on final adoption was 3-1, with Councilmember Ellis voting no. The meeting included procedural confusion about the order of motions; the city attorney and council clarified and re-took the votes so the amended ordinance was recorded as adopted.

What the ordinance does not do: The council's action amended the city code as described above; it did not create a separate, numerical mitigation program or immediately change any specific permitting decision already under review. Where speakers or staff noted that Chapter 81 (forest conservation) sets criteria for "specimen" trees, council action does not change state law; it changes the city's local landscaping code and which local official has administrative discretion.

Next steps and implementation: The ordinance was adopted at second reading July 21; staff and planning are responsible for applying the revised language when processing future development applications and for updating any measurement or enforcement guidance referenced during the meeting. Residents requested the planning department publish clear measurement guidance (including caliper measurement height) and document how waiver or director discretion will be applied.

Votes at a glance: Ordinance 11-93 (Amend Chapter 102, landscaping) Motion: Adopt Ordinance 11-93 as amended. Mover: Councilmember Boyer; Second: Councilmember Jones (as recorded during the meeting). Vote: Boyer, Shenagas, Jones ' Yes; Ellis ' No. Outcome: Approved (adopted as amended).