DeSoto strengthens tree preservation law following community concerns, discouraging clear cutting

Almost two years after DeSoto resident Kelly Wittmann brought photos to a city council meeting showing “how a developer butchered trees in our community,” the city tightened restrictions on how builders can clear land in town.

City council approved the measure with a 6-0 supermajority in a meeting on Tuesday night, with council member Kay Brown-Patrick absent.

The changes tighten requirements for tree preservation in DeSoto, discouraging clear cutting of trees and encouraging landowners and developers to preserve the city’s current trees.

“This helps balance the rights of the property owners and the interests of the community,” planning and zoning manager Amy Mathews said during Tuesday’s meeting.

The amended ordinance defines more clearly which trees are protected based on size and species, prioritizing the preservation of older trees.Developers still have the option to remove larger trees, but they must pay the city for cutting down protected trees. Fees increase based on the size of the tree, and will be capped at $10,000 per acre, staff said.

The city will later use these funds to plant trees in public spaces, like parks.

Developers will also need to preserve protected trees during construction to prevent damage. Requirements include securing trees with fencing and watering certain protected trees a minimum of once a week.

Previously, the city’s approval of a developer’s tree preservation plans were less clearly defined. Approval was based on the developer making “a good faith effort,” according to city documents.

The new rules came after more than a year of grassroots activism — and after the council rejected a similar measure.

Wittmann first approached the city council in December 2019, after she noticed a century-old tree had been bulldozed in DeSoto.

Two years of work followed, which included public town halls, forming a community committee to discuss tree preservation and surveying local developers.

In March, Mayor Rachel Proctor and council member Andre’ Byrd voted against adopting previously proposed changes to the ordinance in a 5-2 vote. A 6-1 supermajority was needed because the Planning & Zoning Commission had recommended against it.

Proctor was concerned that the proposed version of the ordinance could hinder development in the city, she said at the time.

But the vote didn’t deter activists.

In April, the nonpartisan DeSoto Progressive Voters League and Dynamic DeSoto, a resident feedback forum, created a petition urging elected leaders to reconsider new restrictions.

Petitioners said they wanted the city to address developers’ “indiscriminate clear cutting of the remaining woods and forest areas in DeSoto”, Terrence Gore of the DeSoto Progressive Voters League told The Dallas Morning News via email in the spring.

At the end of Tuesday’s meeting, council member Nicole Raphiel gave a shoutout to Wittmann and DeSoto community groups for coming together to advocate for the city’s tree canopy.

“I’m just amazed to see the power what one thought — one person can do. And so this is for Miss Kelly Wittmann,” Raphiel said.

Council member Byrd, who previously voted against changes to the city’s tree preservation ordinance, said he was in support of the new amendments because he doesn’t think they’ll hinder development.

To read the full ordinance online, visit the city’s website here.