East Hampton Town lawmakers are taking steps to address a longstanding problem relating to the protection of trees located on town-owned property that are either near or directly on construction sites.
The problem, said East Hampton Town Councilman David Lys at Tuesday’s town board work session, is that “there is no town board protection” for trees on the town’s rights of way during private construction projects. Trees that provide shade, aesthetics, and enjoyment to residents, and that grow in construction zones along town roads, have often been removed illegally or otherwise damaged during development, Mr. Lys said.
And trees that remain standing as a new home is being built on formerly wooded lots are often victims of soil “compaction,” said Kevin Cobb, an East Hampton Town Highway Department employee. “As the ranch homes turn into 5,000-square-foot mansions, I’ve seen trees die soon after construction.” At issue is root-zone protection, which refers to the area below a tree directly under its canopy.
The town board is considering new building department regulations that would compel builders to provide an accounting of trees on the properties they are developing before a building permit can be issued. Misdemeanor charges and new fines of up to $10,000 may be on the table for those who don’t comply.
The town would do outreach to contractors and residents about the proposed regulations, which are designed in part to prevent people from simply saying “oops” when they remove unwanted trees. “They have to outline for the building department where they are clearing,” Councilwoman Sylvia Overby said.
The town also has an arborist on contract, who was hired to assess tree-related issues at the site of a new senior citizens center in development on Abraham’s Path in Amagansett. The arborist may be able to assist property owners who are either planting or protecting trees on their land.
“If you need one, you can call for one,” said Ms. Overby, who has further suggested a more generalized “tree ordinance” like ones in other municipalities and that would mandate, for example, putting two trees in the ground for every one that is removed.
The town’s next step will be scheduling a public hearing on the matter.