On Aug. 6, Pahlisch Homes, a local homebuilding company, submitted an appeal of the City of Bend's recently approved tree code regulations. In a letter, Pahlisch Homes requested that the City pause the implementation of the code and address concerns between the City and the development community.
On June 20, the Bend City Council approved updated tree regulations which aim to clarify how and when trees can be removed in new developments. The approved amendments state that if a certain percentage of trees are removed in a development project, developers will be required to plant new trees on-site or make a payment in lieu of tree preservation. The regulations go into effect on Aug. 16.
Pahlisch's statement claims that the City moved too quickly through the process of amending its tree code and does not have a clear understanding of the severe impacts it could have on development in Bend.
"Under its current state, the code would have adverse effects and create barriers to providing needed housing and other uses within Bend," read a statement.
The statement also alleged that the result did not address concerns brought up by building industry committee members that voted against it.
The Tree Regulation Update Advisory Committee was formed in June to help recommend amendments to the City's tree code. The committee was made up of 14 community members with a range of viewpoints, including several in the development sector. Cory Bittner, with Pahlisch Homebuilders, was one of the 14 members.
"The appeal is not based on a lack of appreciation for the work done by the committee or against the intentions of the amendments, as Pahlisch Homes supports the city's efforts to responsibly maintain and enhance the city's tree canopy," Pahlisch stated.
Because residents voiced concerns about a loss of trees in new housing developments, the code update aimed to address this by providing clear and objective standards for developers.
Over the course of several months, the committee met nine times before it made final recommendations to the City on Dec. 5, 2023.
"The updated code strikes a balance, recognizing we want to preserve trees while also continuing to build the homes our community needs within our urban growth boundary. This is just a first step, as the Council will continue to explore additional ways to promote and protect our urban canopy," said Mayor Melanie Kebler in June.
In addition to its requirements, the City also added an arborist staff position and plans to track the tree preservation options being used and review the regulations annually, to better inform staff on the effectiveness of the code.
The City called Pahlisch's assertions "unnecessarily inaccurate," stating that the code was far from rushed.
According to the City's statement, the Bend City Council approached the process so that the regulations would not impede the development of housing.