FAIRHOPE, Ala. — The city’s Tree Committee agreed recently on the first of a number of changes it will propose as amendments to the city’s tree ordinance.

The proposed change will reduce the size of a “significant tree” from 24 inches in diameter to 20 inches. Those larger trees receive enhanced protections under the ordinance.

“This is not the end of the discussion,” Committee Chairman Tom Ellis said. “We’re trying to get a set of amendments ready so that the City Council can vote on them this year.”

The Thursday, Oct. 25 committee meeting was attended by a number of public officials, including two City Council members, the chairperson of the city Planning and Zoning Commission, the city directors of planning and public works.

Several members of the public also attended.

“We were just there as concerned citizens to see what we could find out,” said Judy Thompson, president of Wisteria Garden Club. “I think they’re on the right track. I hope they can get a stronger ordinance. You never know about these things.” 

The committee also discussed several projects that had been approved without compliance with the ordinance and ways of addressing those kinds of problems.

“Before a building permit can be issued or a Preliminary Plat approval can be obtained and prior to any clearing of property for development, a site plan must be reviewed and accepted by both the Fairhope City Horticulturist and City Planner,” the tree ordinance states.

The committee discussed how to avoid issues that had arisen recently regarding the Hampton Inn hotel project on Section Street. That project received preliminary plat approval approximately two years ago. But in the past two months, the city has raised questions about a large live oak on the property, and that the plan had not been approved by the city horticulturist.

“I don’t believe Jennifer even knew about it,” said Maria Gwynn, who helped draft the initial tree ordinance more than 10 years ago. (Director of Public Works Jennifer Fidler also serves as the city horticulturist.) “I am surprised that (the ordinance) has not been able to protect several larger trees in the downtown area or has not been utilized effectively. I just don’t understand why the city isn’t following its own ordinance.”

Gregg Mims, city director of planning, said he had taken several steps to address some of those problems, including a new requirement that building plans include a layout of the site plan on an aerial photograph.

“I can’t correct things from two years ago,” he said. “But I have taken several steps. I’m trying to box this thing in as best I can.”

Mims said aerial photos would make it easier to catch problems like those at the Hampton Inn project that arose after site plan approval.

“The plan that was submitted (showing) the (tree’s) crown was just a circle,” he said. “It was two or three times bigger.”

Mims said that project is ready for building permit approval once a Memorandum of Understanding by the developer and adjacent property owners is signed.

“We have tried to save a lot of what we have left,” Thompson said. “But Fairhope is growing so fast, and then things are done and it’s too late to make any changes. I just can’t imagine living in a neighborhood without trees.”