Background
In 2015, when Portland's Tree Code (Title 11) first came into effect, property developers were charged a flat fee for every tree they didn’t preserve on private land, regardless of the tree’s size. Later that year, community concern about large trees being removed during development led to a fast-tracked amendment. This amendment, referred to as the Large Tree Amendment, required higher mitigation fees for trees 36 inches in diameter at breast height (DBH) or greater. These payments increase with the size of the tree. Revenue from these fees has funded the planting of more than 12,000 trees in priority neighborhoods.
In 2020, at the recommendation of both the Planning and Sustainability Commission and the Urban Forestry Commission, City Council lowered the size threshold for higher mitigation to 20 inches DBH. This resulted in even more trees being protected by the Large Tree Amendment. This provision will expire on December 31, 2024. After that, tree preservation requirements will revert to the original 2015 Title 11 language.
Impact on Tree Preservation
The Large Tree Amendment is designed to preserve the largest, most valuable trees in Portland. Large trees are virtually irreplaceable due to how long it takes a tree to mature and reach its full size. They are critical to the City’s efforts to expand tree canopy cover, providing essential public health and climate change mitigation services.
According to the Urban Forestry Inventory Analysis conducted by the U.S. Forest Service and the Portland Parks & Recreation’s Urban Forestry division, Portland's urban forest is valued at $6.9 billion. Trees 20 inches DBH or greater make up less than 15% of all trees in the city, but account for 60% of the total value ($5.7 billion).
The Large Tree Amendment has been effective at preserving the largest trees in Portland neighborhoods. From 2016 to 2019, the number of trees 36 inches DBH or larger removed annually decrease by 64%. After the size threshold was lowered to 20 inches DBH in late 2020, the number of trees 20 inches DBH or larger removed in development declined by 68%.
Impact on Housing Develpoment
Portland's Tree Code is designed to meet the community's need for equitably distributed tree canopy and the production of new housing. Affordable housing projects, lots under 5,000 square feet, and high-density developments with 85% or more existing or proposed lot coverage are exempt from tree preservation requirements. Taken together, these exemptions cover more than 80% of Portland's projected housing production.
Between 2021 and 2023, only 62 housing development projects (less than 3%) paid a mitigation fee under the Large Tree Amendment policy. Those payments totaled $1.5 million and were equal to 0.12% of the total valuation of all housing projects during that period.
Proposed Amendment
Staff are recommending the December 31, 2024 sunset date in PCC 11.50.040 be removed. The effect of this amendment would be to make current tree preservation requirements a permanent provision of Title 11.
Hearing of the Urban Forestry Commission and Planning Commission
On July 23, 2024, the Urban Forestry Commission and Planning Commission held a joint hearing to receive public testimony on the proposed amendment to remove the sunset date clause from the Large Tree Amendment provisions in Title 11. Both Commissions voted unanimously at subsequent meetings to support the proposed amendment.
What's Next
The proposed amendment is expected to be heard by City Council on November 13, 2024 at 4pm. Please visit the Council Clerk's website to confirm the hearing date, time, and instructions for submitting public comment.
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