Trees line the sides of N. Marion Avenue in Gearhart.

GEARHART — City councilors have voted to adopt an ordinance setting new parameters for tree removal.

The ordinance, which passed by a 3-2 vote on Dec. 4, was introduced to the City Council earlier this year and has been a subject of discussion and revision for the past several months. The aim is to ensure that mature trees are cut only when necessary.

The city’s existing code allows property owners to cut up to five trees per year before needing a permit – but the new ordinance lowers that threshold.

Different iterations of the ordinance have yielded dozens of public comments, with some residents calling the rules an overreach and others viewing them as an important step for preserving trees. After numerous amendments, the ordinance now defines and sets requirements for two types of tree removal permits: major and minor.

Minor tree removal permits are required for anyone looking to remove three or fewer trees from their property within a 12-month period, or any number of trees that interfere with proposed improvements authorized by a city building permit or county septic permit, pose a safety hazard, threaten a septic system or are within 20 feet of the maximum height limits for an airport hazard overlay zone. Minor tree removal permits will be issued upon review by city staff.

Major tree removal permits, on the other hand, apply to 55-inch trees, heritage trees and more than three trees within 12 months. In order to qualify for a major tree removal permit, the tree must pose a safety hazard, be diseased, interfere with solar access or deposit needles or debris onto a rooftop. Major tree removal permits will be granted or denied by the Planning Commission after a public notice and hearing process.

The ordinance also provides definitions for trees, 55-inch trees and heritage trees and sets criteria for heritage tree designations. Exceptions to the rules include certain invasive species and trees on the Oregon Department of Agriculture’s noxious weeds list, and certain zones already regulated elsewhere in the Gearhart zoning ordinance.

Some residents raised concerns over the steep and potentially prohibitive costs of hiring an arborist as required in earlier versions of the ordinance. The requirement has since been changed to review by a tree care specialist.

At the Dec. 4 meeting, City Councilor Dana Gould raised concerns about the city’s ability to enforce the ordinance. Gould and City Councilor Preston Devereaux voted against the ordinance.

“Ordinances are great when everybody voluntarily knows about them and complies with them, but the problem is that we have no way to enforce this, and one of the major complaints we have against our city staff that puts our city staff in a very uncomfortable position is when there appears to be selective enforcement,” Gould said.

“Since there is nobody to go around and patrol on weekends and other days or throughout the year, what you’re going to end up with is in some locations where perhaps you live next to somebody who’s aware of this, and they’re going to report it, there’s going to be enforcement, but there’s going to be enforcement afterwards, when there is no action to be taken except to issue the citation, unfortunately, which is then going to lead to either a penalty or court and it’s going to tie up our staff time.”

Mayor Kerry Smith, City Councilor Paulina Cockrum and City Councilor Sharon Kloepfer voted for the ordinance.

City Administrator Chad Sweet said he sees potential challenges with enforcement, but he also sees the potential for improvements with the new ordinance.

The ordinance is set to go into effect in January. Sweet said the city plans to make information about the ordinance available on its blog and contact local tree care specialists to make sure they’re up to date.

“I think that the improvement will be that all tree work in regards to removing a tree will be required to have a permit,” he said. “Weekends, things like that, we’re not on as often as we are in the midweek, so there’s still going to be an issue, but I think the raising of the awareness for tree permits will be helpful.”