The League City Planning and Zoning Commission recommended City Council adopt amendments to Chapter 125, Article 7 (Tree Preservation, Mitigation and Maintenance) that change mitigation fees, add limited administrative flexibility and cap restitution amounts for violations.
Christopher Sims, director of development services, said the proposed changes respond to developer concerns and aim to balance tree protection with predictable development costs. Key elements described in the presentation include a tiered fee-in-lieu (instead of a single $250-per-inch rate), an allowance to remove up to 10% of a siteollection of protected-tree caliper inches before fees apply, an administrative variance process for some significant-tree removals, and caps on restitution and total fees tied to unimproved land value.
Sims said the proposed fee tiers would recognize that removing a 6-inch protected tree is not the same impact as removing a 15-inch tree; the draft sets reduced per-inch fees for smaller-diameter trees (the presentation referenced a $100-to-$200 range for the tiered schedule). He told commissioners the proposal would cap restitution for violations at 200% (down from 300% under the current ordinance) and cap maximum fees at 30% of the unimproved land value, with an exception: unpermitted clear-cutting could trigger a higher cap of 50% of land value.
Sims described a worked example in which an applicant would see total mitigation and surcharge amounts fall from roughly $120,000 under the current ordinance to about $52,000 under the proposed structure because of tiered fees and administrative allowances.
The draft also adds criteria for when an administrative variance can be approved (for example, if preserving 75% of predevelopment canopy is maintained and mitigation ratios meet a 1.5:1 replacement standard) and clarifies that certified arborists make hazard determinations.
Commissioners discussed fairness, predictability and regulatory clarity. Sims said collected fees would be used to re-establish plantings in public spaces such as parks or roadways. Commissioner motion to recommend the amendment was made and seconded; the commission vote carried 5-0.