Few rules protect trees from bulldozers

Kurt Schade's home has a vineyard and fully operational winery that until a few months ago sat next to acres of mature trees on a neighboring property in Waukee.

Those trees are gone now — almost every single one. They were bulldozed to make way for 23 single-family homes.

Schade watched from his window as "literally mountains" of trees were knocked down and ground into mulch.

Waukee has no rules requiring builders to preserve existing trees, and the fast-growing suburb is not alone. A Des Moines Register review found that tree preservation ordinances are rare in the metro area.

Johnston has the most comprehensive rules, which aim to prevent clear-cutting of land to make way for new homes, offices or retail centers. But even its stringent rules do not stop the removal of trees if a developer can show they would impede a project.

Des Moines and Clive require developers to replant some trees lost to new development, but most metro cities have no specific tree requirements.

Iowa lost 97,000 acres of woodlands from 2009 to 2013, according to a U.S. Department of Agriculture Forest Service report released this summer. It's the first time in 40 years that the state has seen a net loss in forested land.

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A majority of that loss made way for new crop and pasture land, but tree advocates say cities should not overlook the environmental and economic benefits of preserving mature trees. They provide cleaner air and shade, and they can result in higher home values and increased tax revenue for cities, said C.J. Stephens, president of Tree Des Moines, a nonprofit tree advocacy group.

"There always has to be progress," Stephens said. "But there can’t be progress at the cost of the environment, or eventually we’re not going to have a healthy city."

'Let's see what we can save'

Johnston passed its tree preservation ordinance in 2002 when a developer threatened to clear-cut an 18-acre parcel of land at the corner of Merle Hay Road and Northwest Johnston Drive.

Johnston Mayor Paula Dierenfeld said the idea of losing all the trees on the former Heard Gardens site prompted the move.

The garden center and nursery operated at the intersection from the 1950s until 2001. During that half-century, the owners planted a variety of rare trees, including four non-native species that became the impetus of the city's preservation efforts.

But Johnston was concerned about more than just the Heard property, Dierenfeld said. It wanted to save the city's existing tree stock as the pace of development increased, she said.

"We all know that trees add so much quality to our life," said Dierenfeld, who was a councilwoman at the time. "They add aesthetics, they improve air quality, they provide habitats for wildlife, they provide shade."

The suburb requires developers to inventory and identify all "protected" trees — those with trunks 6 inches or more in diameter — as part of the site plan process. Developers must show how they will preserve those trees and justify any tree that will be removed, said Dave Wilwerding, community development director.

Developers are penalized if they identify trees to be saved, then end up removing them, but there is no requirement to save a certain percentage of trees, Wilwerding said.

"It's more from a logical perspective: Let’s see what we can save," he said. "It’s really geared around making you think where your trees are before you go in with a chainsaw and clear them."

Chris Murray, president and CEO of the Denny Elwell Co., said it's not a standard practice for developers to do a tree survey, which adds cost to any project. The company purchased the former Heard Gardens site after the tree ordinance was put in place. It is in the process of bringing a multi-family development to the land.

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While Murray said his company is generally "tree-friendly," Johnston's ordinance limits the types of projects that can be built on the property. Multi-family housing would protect as many trees as possible while providing shade for tenants, he said.

"During our ownership, it certainly has weighed in because we have to work around some of those existing trees, and not every project can work there," Murray said.

The four rare trees — a bald cypress, a Katsura, a shingle oak and an European green beech — have been marked off by orange fencing since the ordinance was approved. Denny Elwell Co. will work to save them, Murray said.

Wilwerding and Dierenfeld both contend that Johnston's tree ordinance has not slowed development in the city. It's just one step in the approval process, much like identifying utilities or grading plans, Dierenfeld said.

Some builders have expressed concern about the additional cost, but most realize tree preservation ultimately improves land and property values, Wilwerding said.

"Our ordinance isn’t set up to be a burden for the developer," he said.

A tree planted for a tree removed

The state's capital city and its western suburb, Clive, both require developers to replant a portion of trees that are removed.

Des Moines encourages preservation of its existing urban tree canopy, but builders are not required to keep a specific percentage of existing trees when developing a property, said Michael Ludwig, city planning administrator. Developers have to submit a tree protection and mitigation plan for each site, but trees can be removed if they impede the project or are in poor condition.

Developers must plant a new tree for every tree with a trunk between 12 and 18 inches in diameter that is removed. Two trees are required for every tree between 18 and 24 inches that is removed. For smaller trees, the city requires one replacement tree for every 2,000 square feet of canopy lost during construction.

Though not specifically outlined in a city ordinance, Clive typically requires builders to replace trees that are removed with new plantings. The city requests 1-inch caliper replacement for every 1-inch caliper removed, said Doug Ollendike, community development director.

"The ordinance is a little loose with respect to specifics, but it has provided enough intent to give staff an avenue to request that the developer pay attention to their sites rather than just clear-cut everything," he said.

Tree Des Moines recently inventoried trees in six Des Moines parks, playgrounds, rights of way and other public areas. Stephens said the group was discouraged by the results.

Of the 38,034 trees counted, fewer than 1 percent were categorized as being in "very good" condition, she said. The group expected to find more than 100,000 trees in city rights of way.

"We see a bigger need than we ever did before to plant trees," Stephens said. The group formed in 2012 after efforts to convince the city to pass a tree preservation ordinance failed. Now, it focuses on helping neighborhoods plant trees using grant money.

She said Des Moines' current mitigation system is not sufficient to preserve the city's existing tree canopy, or build it up.

"We need to think about what it is we're doing when we take trees down to make room for new construction. We have to understand that we’re robbing future generations of a healthy lifestyle and opportunities like we have had," she said. "There has to be a peaceful way for both to survive."

Trees in the way of new investment 

Other metro cities do not have tree preservation or mitigation ordinances, but they do require landscaping with new construction. Ankeny, Waukee, West Des Moines and Urbandale all fit this bill.

West Des Moines is updating its comprehensive plan. Part of that process will include looking at ways to prevent excessive grading. Although it's not a tree preservation ordinance, the city hopes ultimately it will have the same effect, said Linda Schemmel, development coordinator.

In Waukee, there is an understanding that developers try to save as many trees as possible, but there is no hard-and-fast rule, said Brad Deets, development services director. A requirement does outline a minimum portion of "open space" in every development.

"It’s certainly suggested that as many mature trees be retained as possible," he said. "However, if it’s not feasible from the standpoint of a development, meaning the trees don’t really allow for the development to occur, then there’s no provision that states they have to be kept."

In the case of Brandon's Reserve, the 13-acre development south of the Waukee Public Library at 1010 Warrior Lane, the developer didn't know the extent of the tree removal necessary until grading began, Deets said. The land needed to be flattened to make way for homes and a new public street, he said.

The developer plans to build 23 homes on lots that range in size from a quarter-acre to an acre. The homes are expected to sell for $500,000 to $1 million each.

"In terms of bringing new investment into the community, and particularly in this part of the community, we’re happy to see that occur," Deets said.

As for Schade, he and his wife have decided to put their property on the market, in part because of the new development. They built their home five years ago on land Schade had owned since the '90s.

The tree removal has completely changed the landscape, he said.

"It was a beautiful, beautiful wooded parcel of ground. It was absolutely gorgeous," he said. "I just really think it’s a shame when development doesn’t take any consideration to the beauty that’s already existing."

He hopes Waukee will make a better effort to protect the natural environment as the city continues to grow.