James: Nebraska City The Right Place For Tree Removal Permits
City staff warns against tree removal permit for private lands

NEBRASKA CITY – Jan James is hoping Nebraska City will take the lead to protect mature, important trees despite city staff’s warnings Monday not to wade in on the legal issues of tree removal permits.
James, a home health worker who recently moved to Nebraska City from Seattle, asked the city council to adopt an ordinance that would require a permit before a healthy, mature tree could be removed from the city limits.
City Administrator Grayson Path commended James for her 'pro-tree' approach.
"We truly value our tree canopy"
Path: “We are the home of Arbor Day and we are a Tree City USA, we are now a Tree City of the World city. Thanks to Marty (Stovall) and Mayor Bequette, we have that distinction now.
"And we highly value our tree canopy, so I do commend you for your approach for liking trees. We have that in common as a city here.”

Path said current city codes regulate trees that are in the street right-of-way or city parks, but not trees entirely on private property.
He said the city could be in a tough situation if it refuses a permit to someone who wants to cut down an aging tree.
Path: “My concern would be, if we pass such an ordinance where you can’t remove a tree, and we require a person to have to wait to remove a tree until it is dead or diseased, as we have seen through local contractors, cutting down a dead or diseased tree is usually more costly and more dangerous than cutting down a live tree.”
City Attorney Drew Graham said Atlanta, Ga., has a tree removal ordinance that is intended to ensure a certain percentage of tree coverage for the city.
He said Nebraska City is different because it has no shortage of trees or tree canopy.
Graham: “As the attorney for the city I would have a fair number of reservations about such an ordinance, limiting somebody’s ability to take action on their own property.”
James said she understands that the city may not have the paid staff to enforce tree permits, but said the city has opportunity to live up to its reputation.
“Since they say we are now the world tree capital that we could really be doing something for the world if we did this."
James: “Since they say we are now the world tree capital that we could really be doing something for the world if we did this. And it’s a first. It hasn’t been done in any city in Nebraska. What better city for this to start than Nebraska City?”
She said she has noticed some beautiful, mature trees coming down in the city recently and some just because of the perceived nuisance of falling leaves.
James: “It seems to me since Nebraska City’s claim to fame is Arbor Day and Arbor Lodge that perhaps we, like a lot of other cities, could have some kind of legislation involving the cutting of healthy, mature trees.”
Path said the city has an ordinance involving dead or diseased trees on private property.
He said citizens may have a complaint against the city, if they are denied removal of an aging tree under a permitting process, and told to wait until it is dead or diseased.
