MIAMI – Controversy continues to heat up surrounding a proposed ordinance the city of Miami is considering that would change the city code on tree removal.
The commissioner sponsoring the move says it’s necessary to make the permitting process easier for every resident, but opponents say it also benefits developers and fear it may reduce the existing tree canopy.
Tempers were flaring at Miami City Hall during a sunshine meeting Tuesday to entertain public comments on a proposed change to the city’s existing tree code.
Concerned residents and environmentalists were up in arms fearing the new ordinance will make it easier to cut down trees.
“What concerns me about this ordinance is that it will greatly diminish our vital tree canopy because it allows homeowners to be able to remove trees that are nonnative or non-Florida friendly trees without a permit,” said Sandy Moise, director of policy for Urban Paradise Guild.
But the ordinance’s sponsor, Commissioner Miguel Angel Gabela, said the changes are needed because the existing code makes the permitting process complicated and costly, especially for low-income residents.
“People in my district have a hard time navigating the city of Miami permitting system,” he said. “Some people in my district are not as affluent as other districts in the area, and therefore they don’t have representation.”
Environmentalists pushed back, saying there are provisions for hardship cases and say the problem isn’t with the existing tree ordinance but with the permitting process.
“Right now, if it’s very difficult for someone to get a permit, that is not a legislative problem, that’s an administrative problem,” said Sierra Club representative Ken Russell, a former city commissioner. “So we don’t need a change to the code, we just need the city manager’s office to do its job.”
As it stands, the permitting process to remove a tree is mired in red tape. It can take months and can be expensive. The city wants to make it more equitable.
“Our existing ordinance is not working,” said Commissioner Damian Pardo.
Said Gabela: “We’re trying to simplify the code.”
Environmentalists say the proposed new ordinance as written is full of loopholes that not only streamlines the process for residents and makes it more affordable for them, but also for developers, who would be able to reduce their costs and make it easier for them to remove trees.
“If you are a homestead owner, you don’t even need to comply with the ordinance, call anyone,” said Russell. “You can just kill anything you want on your property if you promise, even as a developer, that you’re going to live in or homestead that property which everyone is going to do it, then gives you the same exemptions. So basically it’s a loophole that wipes out all protections.”
And that’s a problem.
At stake is the city of Miami’s tree canopy which is far short of what it should be: 30%. Instead, county records show it’s just over 18%.
“We’re clearly not reaching our benchmarks, and it’s an urgent challenge right now that we reach those benchmarks among cities in America,” said Chris Baraloto, Professor in Biological Sciences at Florida International University and Associate Director of Our Institute of Environment. “Our benchmark of 30% is actually quite low, and given the challenges we’re facing in the city of Miami, we need to set it even higher.”
Trees are our first defense against the effects of climate change, which we’re already feeling. They help mitigate flooding and sea level rise, and help cool us down during days of extreme heat.
“We’ve had some climate stations up around Coconut Grove for the last four years, measuring the cooling impact of trees in our urban landscape and we can say that trees are cooling between seven to 11 degrees,” said Baraloto.
These vital protections could be compromised if this ordinance passes as is.
Gabela was asked by Local 10′s Louis Aguirre if the ordinance would actually do more harm than good, would he pull it.
“I would,” Gabela replied. “I’ve got no problem. We’ll go ahead and defer it. I’ve already said that I’m going to defer it because I want to give everybody a chance to voice their concerns and to arrive at a conclusion.”
Said Russell: “The best message for the city of Miami is to completely withdraw and remove this ordinance and fix the things that they want to fix about it.”
The ordinance was scheduled to go up for a vote on Jan. 23, but Gabela has deferred that vote for a later date.
Though public records show emails between representatives from the Builders Association of South Florida and Gabela’s office, both deny any impropriety or collusion in drafting the ordinance.
There is no word yet on when the city commission will take this back up.