Proposed rules on saving trees pits residents vs. developers

A controversial proposed tree protection ordinance is pitting private property advocates in Old Metairie against preservationists.

The ordinance, now being reviewed by Jefferson Parish attorneys, would create the Metairie Ridge Tree Preservation District and protect an approximately 150-block

The ordinance would expand tree protection onto private property, limiting what property owners can do with trees on their lots.

Opposing builders and homeowners are watching closely and worrying what the new rules might mean for their businesses and private property rights.

Preservationists say the ordinance will protect the canopy created by live oaks and magnolias on private property that now falls outside the existing Old Metairie Neighborhood Conservation District.

The new rules would be similar to those of the nearby existing district. In the proposed district, builders and homeowners would face tough restrictions regarding tree removal. Fines of up to $500 could be levied on those who remove trees without a permit.

Carey Hammet, who heads the current conservation district and is helping create the new district, said she was approached by people who wanted tree protection in other parts of Old Metairie. She said the tree canopy is part of the reason Old Metairie has some of the highest property values in the metro area.

Kent Lattimore of St. Bernard-based Lattimore & Associates, an 11- year-old residential property appraisal company, said it's hard to quantify the worth of trees when appraising property. Unless a property has been landscaped, with palm trees for example, and expenses can be substantiated, it's not easy to measure the value of trees, he said. Trees are not normally factored into his appraisals.

Tree expert Adrian Juttner of New Orleans-based Adrian's Tree Service doesn't like the ordinance because it creates red tape and his expertise would be replaced by a tree board.

It depreciates my standing, my professional standing, he said.

But he said trees can improve property values. Some trees can be worth thousands of dollars in tax deductions if destroyed by lightning or other natural causes, he said.

Builders agree trees can enhance property and beautify a community. But the proposed ordinance gives builders concern about liability. Also, the rules would make it more difficult to build the size homes people want on the small lots that dominate the area, said Wayne Miller, owner of Miller Building Co. Inc., one of the largest companies building homes in Old Metairie.

Miller said most of the homes in the proposed district are 1,500- square-foot World War II-era homes. People who move into Old Metairie usually want much larger 4,000-square-foot homes, which means the World War II homes are torn down, he said.

It's already tough to build large homes on the small lots, he said. Current rules require builders to steer clear of non- buildable areas, which includes a 20-foot setback from the front property line and a 5-foot alley on the left and right sides of a home. Also, 20 percent of the rear property has to be preserved as a back yard. That means about 24 feet of the backyard cannot be used to build livable areas on a 120-foot-deep lot, he said.

Building the large homes people want - and adding swimming pools, horseshoe driveways and other features - sometimes requires trees to be removed on 50-foot-wide lots, Miller said.

We have to give the consumers what they want, he said.

The new rules would protect listed trees at least 8 inches in diameter at chest height, 4 1/2 feet off the ground. In order to remove protected trees, an application would be submitted to a tree board. Appeals can be made to the board of zoning appeals.

Fines and restrictions for removing trees will slow construction, Miller said. Builders would stay away from lots with trees because of the liability concerns.

That will devalue property, he said.

Adrian Pappalardo, president of the New Orleans Metropolitan Association of Realtors, said the proposed ordinance has aggressive provisions ... which will potentially increase the cost of building a house.

Scott Coulombe, executive vice president of the Home Builders Association of New Orleans, is concerned about the possibility of higher liability insurance costs.

Coulombe and Miller said builders have been held liable for trees that fell on homes after construction. The courts have ruled some builders liable for a tree that died more than a year after a home was built, Miller said.

Miller said builders are suggesting trees be planted on the front of lots as an alternative to the ordinance.

Supporters of the ordinance, like Hammet, said the current district has been in place and people have learned to live with it.

Pappalardo isn't so sure.

It sounds great just listening to it, and everybody's for it because we all like trees and they have the ability of making a nice front yard or a nice back yard, he said. But when you look into it ... it's not just a pretty green tree. It's just more red tape and liability.