Environmental Criteria Manual – 2022 3rd Quarter Rule Changes (Initial Engagement)

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This project page is closed to public comment. Thank you.

The Development Services Department (DSD) is proposing adoption of several amendments to the Environmental Criteria Manual (ECM) in the 3rd quarter of 2022.

The proposed amendments:

  • Delete outdated or inaccurate content;
  • Address new technology, construction methods, and urban forestry concerns; and,
  • Reorganize and rewrite existing rules to better align with code.

To help you better understand the proposed amendments, we have provided several files in the Documents section on the right side of the page. More detailed information about these changes is available in the Frequently Asked Questions (FAQ), Important Links, Videos, and Key Dates sections.

There are three ways to participate in this engagement. Please choose the format that works best for you.

  1. Use the Question box below to send us your comments.
  2. Register to participate in one real-time virtual engagement on either February 15th (registration full) or February 17th (registration full), or February 23rd by selecting the date that works best for you.
  3. Email DSDCommunications@austintexas.gov.

We welcome all feedback about these proposed changes, how they may impact you, and how we can best design them to suit your needs. Your input will help DSD develop the final rule proposal.

The Development Services Department (DSD) is proposing adoption of several amendments to the Environmental Criteria Manual (ECM) in the 3rd quarter of 2022.

The proposed amendments:

  • Delete outdated or inaccurate content;
  • Address new technology, construction methods, and urban forestry concerns; and,
  • Reorganize and rewrite existing rules to better align with code.

To help you better understand the proposed amendments, we have provided several files in the Documents section on the right side of the page. More detailed information about these changes is available in the Frequently Asked Questions (FAQ), Important Links, Videos, and Key Dates sections.

There are three ways to participate in this engagement. Please choose the format that works best for you.

  1. Use the Question box below to send us your comments.
  2. Register to participate in one real-time virtual engagement on either February 15th (registration full) or February 17th (registration full), or February 23rd by selecting the date that works best for you.
  3. Email DSDCommunications@austintexas.gov.

We welcome all feedback about these proposed changes, how they may impact you, and how we can best design them to suit your needs. Your input will help DSD develop the final rule proposal.

This project page is closed to public comment. Thank you.

  • Share For section 3.5.4.B.1.a, Why are replacement trees measured at 6 inches above the soil line instead of at breast height (4.5 feet)? For section 3.5.4.B.2.c, one half inch or fewer of mitigation credit would be more appropriate. on Facebook Share For section 3.5.4.B.1.a, Why are replacement trees measured at 6 inches above the soil line instead of at breast height (4.5 feet)? For section 3.5.4.B.2.c, one half inch or fewer of mitigation credit would be more appropriate. on Twitter Share For section 3.5.4.B.1.a, Why are replacement trees measured at 6 inches above the soil line instead of at breast height (4.5 feet)? For section 3.5.4.B.2.c, one half inch or fewer of mitigation credit would be more appropriate. on Linkedin Email For section 3.5.4.B.1.a, Why are replacement trees measured at 6 inches above the soil line instead of at breast height (4.5 feet)? For section 3.5.4.B.2.c, one half inch or fewer of mitigation credit would be more appropriate. link

    For section 3.5.4.B.1.a, Why are replacement trees measured at 6 inches above the soil line instead of at breast height (4.5 feet)? For section 3.5.4.B.2.c, one half inch or fewer of mitigation credit would be more appropriate.

    TreeFolks asked over 2 years ago

    Thank you for your comment regarding Section 3.5.4.B.2.C. We will consider it in our upcoming review of the feedback received. Diameter at breast height (DBH) is the standard height of measurement in forestry and arboriculture and is used for measuring established trees. This section follows the American Standard for Nursery Stock.  

  • Share Where are the questions and comments submitted during ECM webinars and to DSDCommunicatons@austintexas.gov and DSD Forestry staff posted? on Facebook Share Where are the questions and comments submitted during ECM webinars and to DSDCommunicatons@austintexas.gov and DSD Forestry staff posted? on Twitter Share Where are the questions and comments submitted during ECM webinars and to DSDCommunicatons@austintexas.gov and DSD Forestry staff posted? on Linkedin Email Where are the questions and comments submitted during ECM webinars and to DSDCommunicatons@austintexas.gov and DSD Forestry staff posted? link

    Where are the questions and comments submitted during ECM webinars and to DSDCommunicatons@austintexas.gov and DSD Forestry staff posted?

    JMB asked over 2 years ago

    Questions and comments submitted through SpeakUp Austin are posted at the bottom of the SpeakUp Austin project page once they are answered. The “documents” section of the SpeakUp Austin project page will also include summaries of all questions asked during the engagement. Given the volume of feedback we’ve received it may take a few days for staff to reply. We appreciate your patience.

  • Share Will the Heritage Ash trees be protected? I live in Allendale, and have for almost 40 years. Allendale is known for the beauty of its trees. That is why many of us live here. A new house is being built next to mine on Shoal Creek Blvd. The city gave the developer of that house a permit to kill two beautiful Heritage Ash trees. These trees were far over 25 inches in diameter. And were the habitat of nesting Barred Owls every year. When I called the City to complain about the permit, the City Arborist told me; "The Ashes in Allendale are near the end of their lives. There is an Ash Beetle in North Texas headed our way. So we are proactively allowing developers to take down these trees". This is ludicrous. First, these trees could easily live another 15-20 years or more. The life expectancy of a tree is an AVERAGE, which means the 50% can live, possibly, much longer. Second, the Ash Beetle could take 5 years to reach Austin. It could take 20 years. It could NEVER reach Austin. There is, literally, no way to know this with any certainty. It is pure conjecture to say otherwise. For me, this argument is akin to saying; "My grandma is old. She may get cancer in a few years. I will kill her now". This is a terrible policy. It should be stopped immediately. These trees should be protected. The ones I loved are gone. Maybe others can be saved. on Facebook Share Will the Heritage Ash trees be protected? I live in Allendale, and have for almost 40 years. Allendale is known for the beauty of its trees. That is why many of us live here. A new house is being built next to mine on Shoal Creek Blvd. The city gave the developer of that house a permit to kill two beautiful Heritage Ash trees. These trees were far over 25 inches in diameter. And were the habitat of nesting Barred Owls every year. When I called the City to complain about the permit, the City Arborist told me; "The Ashes in Allendale are near the end of their lives. There is an Ash Beetle in North Texas headed our way. So we are proactively allowing developers to take down these trees". This is ludicrous. First, these trees could easily live another 15-20 years or more. The life expectancy of a tree is an AVERAGE, which means the 50% can live, possibly, much longer. Second, the Ash Beetle could take 5 years to reach Austin. It could take 20 years. It could NEVER reach Austin. There is, literally, no way to know this with any certainty. It is pure conjecture to say otherwise. For me, this argument is akin to saying; "My grandma is old. She may get cancer in a few years. I will kill her now". This is a terrible policy. It should be stopped immediately. These trees should be protected. The ones I loved are gone. Maybe others can be saved. on Twitter Share Will the Heritage Ash trees be protected? I live in Allendale, and have for almost 40 years. Allendale is known for the beauty of its trees. That is why many of us live here. A new house is being built next to mine on Shoal Creek Blvd. The city gave the developer of that house a permit to kill two beautiful Heritage Ash trees. These trees were far over 25 inches in diameter. And were the habitat of nesting Barred Owls every year. When I called the City to complain about the permit, the City Arborist told me; "The Ashes in Allendale are near the end of their lives. There is an Ash Beetle in North Texas headed our way. So we are proactively allowing developers to take down these trees". This is ludicrous. First, these trees could easily live another 15-20 years or more. The life expectancy of a tree is an AVERAGE, which means the 50% can live, possibly, much longer. Second, the Ash Beetle could take 5 years to reach Austin. It could take 20 years. It could NEVER reach Austin. There is, literally, no way to know this with any certainty. It is pure conjecture to say otherwise. For me, this argument is akin to saying; "My grandma is old. She may get cancer in a few years. I will kill her now". This is a terrible policy. It should be stopped immediately. These trees should be protected. The ones I loved are gone. Maybe others can be saved. on Linkedin Email Will the Heritage Ash trees be protected? I live in Allendale, and have for almost 40 years. Allendale is known for the beauty of its trees. That is why many of us live here. A new house is being built next to mine on Shoal Creek Blvd. The city gave the developer of that house a permit to kill two beautiful Heritage Ash trees. These trees were far over 25 inches in diameter. And were the habitat of nesting Barred Owls every year. When I called the City to complain about the permit, the City Arborist told me; "The Ashes in Allendale are near the end of their lives. There is an Ash Beetle in North Texas headed our way. So we are proactively allowing developers to take down these trees". This is ludicrous. First, these trees could easily live another 15-20 years or more. The life expectancy of a tree is an AVERAGE, which means the 50% can live, possibly, much longer. Second, the Ash Beetle could take 5 years to reach Austin. It could take 20 years. It could NEVER reach Austin. There is, literally, no way to know this with any certainty. It is pure conjecture to say otherwise. For me, this argument is akin to saying; "My grandma is old. She may get cancer in a few years. I will kill her now". This is a terrible policy. It should be stopped immediately. These trees should be protected. The ones I loved are gone. Maybe others can be saved. link

    Will the Heritage Ash trees be protected? I live in Allendale, and have for almost 40 years. Allendale is known for the beauty of its trees. That is why many of us live here. A new house is being built next to mine on Shoal Creek Blvd. The city gave the developer of that house a permit to kill two beautiful Heritage Ash trees. These trees were far over 25 inches in diameter. And were the habitat of nesting Barred Owls every year. When I called the City to complain about the permit, the City Arborist told me; "The Ashes in Allendale are near the end of their lives. There is an Ash Beetle in North Texas headed our way. So we are proactively allowing developers to take down these trees". This is ludicrous. First, these trees could easily live another 15-20 years or more. The life expectancy of a tree is an AVERAGE, which means the 50% can live, possibly, much longer. Second, the Ash Beetle could take 5 years to reach Austin. It could take 20 years. It could NEVER reach Austin. There is, literally, no way to know this with any certainty. It is pure conjecture to say otherwise. For me, this argument is akin to saying; "My grandma is old. She may get cancer in a few years. I will kill her now". This is a terrible policy. It should be stopped immediately. These trees should be protected. The ones I loved are gone. Maybe others can be saved.

    Chris in Allendale asked over 2 years ago

    Thank you for your comment. There is one species of ash, Texas ash (Fraxinus texensis), on the heritage tree list in Land Development Code 25-8-602. No change to the status of these trees is proposed. Removal of this species from the heritage tree list would require action by City Council. The non-native Arizona ash (Fraxinus velutina) is proposed for addition to the list of species which do not require mitigation.

  • Share I have concerns that these changes will increase the burden on homeowners wishing to make improvements. It seems the threshold for tree preservation is constantly being moved/raised. Years ago, we could do a tree survey, provide fencing, and be relatively assured we were taking care of protected trees. Now heavily wooded sites need to be covered in plywood, fencing and mulched. Structural foundations are designed and redesigned to meet an ever changing finish line for tree protection. The current standard is accomplishing the goal to preserve the character of the City/Neighborhoods. Trees are being preserved and replaced. Of particular concern, is persecriptive language regarding remidiation. We have seen in our office, pretty consistently, that language such as this has been used to require work beyond that recommended by a private arborist. I request the remediation language be written to reflect that the given list offers some possible avenues for remidiation that a private arborist can reccomend, but they are neither the limit of possibilities or requirements that should be imposed by the City Arborist. on Facebook Share I have concerns that these changes will increase the burden on homeowners wishing to make improvements. It seems the threshold for tree preservation is constantly being moved/raised. Years ago, we could do a tree survey, provide fencing, and be relatively assured we were taking care of protected trees. Now heavily wooded sites need to be covered in plywood, fencing and mulched. Structural foundations are designed and redesigned to meet an ever changing finish line for tree protection. The current standard is accomplishing the goal to preserve the character of the City/Neighborhoods. Trees are being preserved and replaced. Of particular concern, is persecriptive language regarding remidiation. We have seen in our office, pretty consistently, that language such as this has been used to require work beyond that recommended by a private arborist. I request the remediation language be written to reflect that the given list offers some possible avenues for remidiation that a private arborist can reccomend, but they are neither the limit of possibilities or requirements that should be imposed by the City Arborist. on Twitter Share I have concerns that these changes will increase the burden on homeowners wishing to make improvements. It seems the threshold for tree preservation is constantly being moved/raised. Years ago, we could do a tree survey, provide fencing, and be relatively assured we were taking care of protected trees. Now heavily wooded sites need to be covered in plywood, fencing and mulched. Structural foundations are designed and redesigned to meet an ever changing finish line for tree protection. The current standard is accomplishing the goal to preserve the character of the City/Neighborhoods. Trees are being preserved and replaced. Of particular concern, is persecriptive language regarding remidiation. We have seen in our office, pretty consistently, that language such as this has been used to require work beyond that recommended by a private arborist. I request the remediation language be written to reflect that the given list offers some possible avenues for remidiation that a private arborist can reccomend, but they are neither the limit of possibilities or requirements that should be imposed by the City Arborist. on Linkedin Email I have concerns that these changes will increase the burden on homeowners wishing to make improvements. It seems the threshold for tree preservation is constantly being moved/raised. Years ago, we could do a tree survey, provide fencing, and be relatively assured we were taking care of protected trees. Now heavily wooded sites need to be covered in plywood, fencing and mulched. Structural foundations are designed and redesigned to meet an ever changing finish line for tree protection. The current standard is accomplishing the goal to preserve the character of the City/Neighborhoods. Trees are being preserved and replaced. Of particular concern, is persecriptive language regarding remidiation. We have seen in our office, pretty consistently, that language such as this has been used to require work beyond that recommended by a private arborist. I request the remediation language be written to reflect that the given list offers some possible avenues for remidiation that a private arborist can reccomend, but they are neither the limit of possibilities or requirements that should be imposed by the City Arborist. link

    I have concerns that these changes will increase the burden on homeowners wishing to make improvements. It seems the threshold for tree preservation is constantly being moved/raised. Years ago, we could do a tree survey, provide fencing, and be relatively assured we were taking care of protected trees. Now heavily wooded sites need to be covered in plywood, fencing and mulched. Structural foundations are designed and redesigned to meet an ever changing finish line for tree protection. The current standard is accomplishing the goal to preserve the character of the City/Neighborhoods. Trees are being preserved and replaced. Of particular concern, is persecriptive language regarding remidiation. We have seen in our office, pretty consistently, that language such as this has been used to require work beyond that recommended by a private arborist. I request the remediation language be written to reflect that the given list offers some possible avenues for remidiation that a private arborist can reccomend, but they are neither the limit of possibilities or requirements that should be imposed by the City Arborist.

    Nina asked over 2 years ago

    The City Arborist makes the final determination as to whether a tree has been preserved. Input from private arborists is valuable and is always considered. Remedial measures intended to meet preservation requirements are subject to City Arborist approval.

  • Share I submitted questions but I do not see them here. on Facebook Share I submitted questions but I do not see them here. on Twitter Share I submitted questions but I do not see them here. on Linkedin Email I submitted questions but I do not see them here. link

    I submitted questions but I do not see them here.

    Tree_D asked over 2 years ago

    Questions and comments submitted through SpeakUp Austin are posted at the bottom of the SpeakUp Austin project page once they are answered. The “documents” section of the SpeakUp Austin project page will also include summaries of all questions asked during the engagement. Given the volume of feedback we’ve received it may take a few days for staff to reply. We appreciate your patience.

  • Share Eliminate the tree ordinance for homeowners 1 acre or less. It is onerous and downright infuriating that the homeowner has to pay for an arborist and tree permit to cut down a tree that is on THEIR property. The PROPERTY OWNER of a lot IS NOT THE OWNER AT ALL when the government can tax and make regulations like this. Everybody likes and doesn't want to unnecessarily cut down any but the property owner should have that right on their own lot, we're not talking about wholesale land clearing and lumber harvesting for goodness sakes! I now have large pecan tree right in middle of lot where I'd like to build house but can't because of all these laws..AND the city loses a lot of taxes because of it, soooooo smart Austin leaders...and wrong. on Facebook Share Eliminate the tree ordinance for homeowners 1 acre or less. It is onerous and downright infuriating that the homeowner has to pay for an arborist and tree permit to cut down a tree that is on THEIR property. The PROPERTY OWNER of a lot IS NOT THE OWNER AT ALL when the government can tax and make regulations like this. Everybody likes and doesn't want to unnecessarily cut down any but the property owner should have that right on their own lot, we're not talking about wholesale land clearing and lumber harvesting for goodness sakes! I now have large pecan tree right in middle of lot where I'd like to build house but can't because of all these laws..AND the city loses a lot of taxes because of it, soooooo smart Austin leaders...and wrong. on Twitter Share Eliminate the tree ordinance for homeowners 1 acre or less. It is onerous and downright infuriating that the homeowner has to pay for an arborist and tree permit to cut down a tree that is on THEIR property. The PROPERTY OWNER of a lot IS NOT THE OWNER AT ALL when the government can tax and make regulations like this. Everybody likes and doesn't want to unnecessarily cut down any but the property owner should have that right on their own lot, we're not talking about wholesale land clearing and lumber harvesting for goodness sakes! I now have large pecan tree right in middle of lot where I'd like to build house but can't because of all these laws..AND the city loses a lot of taxes because of it, soooooo smart Austin leaders...and wrong. on Linkedin Email Eliminate the tree ordinance for homeowners 1 acre or less. It is onerous and downright infuriating that the homeowner has to pay for an arborist and tree permit to cut down a tree that is on THEIR property. The PROPERTY OWNER of a lot IS NOT THE OWNER AT ALL when the government can tax and make regulations like this. Everybody likes and doesn't want to unnecessarily cut down any but the property owner should have that right on their own lot, we're not talking about wholesale land clearing and lumber harvesting for goodness sakes! I now have large pecan tree right in middle of lot where I'd like to build house but can't because of all these laws..AND the city loses a lot of taxes because of it, soooooo smart Austin leaders...and wrong. link

    Eliminate the tree ordinance for homeowners 1 acre or less. It is onerous and downright infuriating that the homeowner has to pay for an arborist and tree permit to cut down a tree that is on THEIR property. The PROPERTY OWNER of a lot IS NOT THE OWNER AT ALL when the government can tax and make regulations like this. Everybody likes and doesn't want to unnecessarily cut down any but the property owner should have that right on their own lot, we're not talking about wholesale land clearing and lumber harvesting for goodness sakes! I now have large pecan tree right in middle of lot where I'd like to build house but can't because of all these laws..AND the city loses a lot of taxes because of it, soooooo smart Austin leaders...and wrong.

    Darrell Lehmann asked over 2 years ago

    Exemption of residential properties does not fall within the rule-making authority given to the City Arborist under Land Development Code 25-8-603. This change would require action by City Council.

  • Share You answered my question that an invasive species can be removed without mitigation. You did not address my actual problem - what if there is a LARGE invasive species on a neighbors property - will I have to change my development plans to protect the root zone of the Invasive Species on my neighbors property? I obviously cannot remove it because it is NOT on my property. on Facebook Share You answered my question that an invasive species can be removed without mitigation. You did not address my actual problem - what if there is a LARGE invasive species on a neighbors property - will I have to change my development plans to protect the root zone of the Invasive Species on my neighbors property? I obviously cannot remove it because it is NOT on my property. on Twitter Share You answered my question that an invasive species can be removed without mitigation. You did not address my actual problem - what if there is a LARGE invasive species on a neighbors property - will I have to change my development plans to protect the root zone of the Invasive Species on my neighbors property? I obviously cannot remove it because it is NOT on my property. on Linkedin Email You answered my question that an invasive species can be removed without mitigation. You did not address my actual problem - what if there is a LARGE invasive species on a neighbors property - will I have to change my development plans to protect the root zone of the Invasive Species on my neighbors property? I obviously cannot remove it because it is NOT on my property. link

    You answered my question that an invasive species can be removed without mitigation. You did not address my actual problem - what if there is a LARGE invasive species on a neighbors property - will I have to change my development plans to protect the root zone of the Invasive Species on my neighbors property? I obviously cannot remove it because it is NOT on my property.

    Leslie Currens asked over 2 years ago

    Thank you for the clarification. Disturbance of the Critical Root Zone beyond the standard preservation requirements listed in Section 3.5.2 is considered removal of the tree. You will need to protect the CRZ of any regulated tree that has not been permitted for removal. This expectation applies to invasive species as well. Your neighbor may request the removal of the tree or authorize you to request the removal of the tree on their behalf.

  • Share Under what authority has the City of Austin effectively taken ownership of trees on property owned by citizens, without recompense to the citizens who own the trees? on Facebook Share Under what authority has the City of Austin effectively taken ownership of trees on property owned by citizens, without recompense to the citizens who own the trees? on Twitter Share Under what authority has the City of Austin effectively taken ownership of trees on property owned by citizens, without recompense to the citizens who own the trees? on Linkedin Email Under what authority has the City of Austin effectively taken ownership of trees on property owned by citizens, without recompense to the citizens who own the trees? link

    Under what authority has the City of Austin effectively taken ownership of trees on property owned by citizens, without recompense to the citizens who own the trees?

    Fred Johnson asked over 2 years ago

    The Austin City Council adopted Austin’s first tree regulations in 1983. The regulations currently in place are authorized by the City’s Land Development Code and can be found in Chapter 25-8, Subchapter B, Article 1.

  • Share How large Is the protected drip area of a heritage oak? Is It larger than the top of the tree? Who checks on that and enforces it? on Facebook Share How large Is the protected drip area of a heritage oak? Is It larger than the top of the tree? Who checks on that and enforces it? on Twitter Share How large Is the protected drip area of a heritage oak? Is It larger than the top of the tree? Who checks on that and enforces it? on Linkedin Email How large Is the protected drip area of a heritage oak? Is It larger than the top of the tree? Who checks on that and enforces it? link

    How large Is the protected drip area of a heritage oak? Is It larger than the top of the tree? Who checks on that and enforces it?

    Dodo asked over 2 years ago

    The size of the protected root area around any regulated tree is determined by the diameter of the trunk. The City refers to this area as the Critical Root Zone. You can find information about how to calculate the Critical Root Zone in Section 3.5.2 of the document “Environmental Criteria Manual 3.5 (Proposed Language).” Please note language about the Critical Root Zone is not proposed to change.

     

    Applications for development permits must include information on the size, location, and species of any regulated trees. Reviewers in the City Arborist Program review applications for compliance with tree regulations. Once plans are approved and construction begins environmental inspectors monitor construction sites. Environmental inspectors ensure tree protection remains in place, unapproved damage is corrected, and any mitigation measures are completed before the end of the project.

  • Share Will this lower the cost for tree site plan reviews and inspections? Why is the tree permit so much more expensive than other trades? Can a discount rate be given to homeowners permits and work on their homestead vs a developer? What can be done to make revisions or future permits allow to use a tree site survey and inspection from the past decade? Can there be some sort of refund if all the rules are followed and trees are well protected? on Facebook Share Will this lower the cost for tree site plan reviews and inspections? Why is the tree permit so much more expensive than other trades? Can a discount rate be given to homeowners permits and work on their homestead vs a developer? What can be done to make revisions or future permits allow to use a tree site survey and inspection from the past decade? Can there be some sort of refund if all the rules are followed and trees are well protected? on Twitter Share Will this lower the cost for tree site plan reviews and inspections? Why is the tree permit so much more expensive than other trades? Can a discount rate be given to homeowners permits and work on their homestead vs a developer? What can be done to make revisions or future permits allow to use a tree site survey and inspection from the past decade? Can there be some sort of refund if all the rules are followed and trees are well protected? on Linkedin Email Will this lower the cost for tree site plan reviews and inspections? Why is the tree permit so much more expensive than other trades? Can a discount rate be given to homeowners permits and work on their homestead vs a developer? What can be done to make revisions or future permits allow to use a tree site survey and inspection from the past decade? Can there be some sort of refund if all the rules are followed and trees are well protected? link

    Will this lower the cost for tree site plan reviews and inspections? Why is the tree permit so much more expensive than other trades? Can a discount rate be given to homeowners permits and work on their homestead vs a developer? What can be done to make revisions or future permits allow to use a tree site survey and inspection from the past decade? Can there be some sort of refund if all the rules are followed and trees are well protected?

    DIY Austin asked over 2 years ago

    Thank you for your questions. Fees for review and inspection are determined by City Council as part of the city budget.