Ombudsman blasts Portland officials over 'contrasting' tree removal enforcement

PORTLAND, Ore. (KOIN) — Portland’s ombudsman has criticized city officials for "inconsistently" determining who should cover the cost of tree removal.

In a release published on Thursday, the ombudsman’s office revealed the city ordered homeowners to pay to chop down a tree located 30 feet outside of their property line and “in an unimproved section of the public right-of-way.”

Simultaneously, the office reported that officials paid to remove an ancient elm tree primarily located on a real estate investment company’s private property.

The city watchdog first received the complaint from the Southwest Portland homeowners in April. The complainants said it cost around $5,000 to remove the tree that was within the city’s jurisdiction. They also alleged they couldn’t directly access it from their property, and they wouldn’t be able to insure against any future damage.

In an ensuing review, the ombudsman opined that the city’s provisions on property owner’s responsibilities for nearby trees were “poorly written and confusing.” The office claimed that Portland Parks and Recreation’s Urban Forestry division had a history of addressing these matters inconsistently.

Despite this, Deputy Ombudsman Andy Stevens noted the division rejected his recommendation to pay for tree removal in the Southwest Portland neighborhood in July 2024.

However, the office said Urban Forestry “readily took full financial responsibility” to rid the city of its oldest Heritage Tree — near the Portland Art Museum — the following month. Experts estimated removing this particular tree could cost about $15,000.

“The American Elm Heritage Tree had long been regarded as a private tree due to its location on private property and was maintained by the property owner, Schnitzer Properties,” the Ombudsman wrote. “Urban Forestry determined that a mere six inches of the tree’s more than 48-inch base had grown into the right-of-way and assumed full financial responsibility for its removal.”

Auditors additionally ruled that ordering the homeowners to pay for tree removal contradicts a previous decision from city leaders.

At a Portland City Council in 2017, commissioners decided against a city code amendment that would hold people accountable for maintaining trees within “unimproved or partially improved rights-of-way” near their land.

“How can the commissioners justify saddling homeowners with maintenance of large parcels of public land adjacent to their properties?” one resident wrote in testimony ahead of the meeting.

In response to Stevens' findings, Portland Parks & Recreation said it recognizes city regulations on tree maintenance are “dense and complex.” Read the full statement below.

We know the City code about responsibility for street tree maintenance is dense and complex - and can be confusing. We appreciate the opportunity to review our process so we can ensure both equitable application of the policy and public safety.

After careful review of precedent, the history of frontage maintenance for the property, and comparison of code language for Heritage Trees versus street trees, we determined the tree removal at the SW Portland location is most appropriately the responsibility of the adjacent property owner.

We understand the right-of-way configuration is large, but the setback is not unusual for many places throughout the city. In this case, the property owner has a documented history of maintaining the frontage in question. Also, the tree in question does not threaten to injure public health or safety.

Heritage Trees are recognized for their unique significance and have special rules requiring the City to take care of them when they extend onto City property, like the American Elm Heritage Tree example used in the City Auditor’s report. However, the tree at the SW Portland location is not a Heritage Tree—it’s a street tree, and the responsibility for its care falls to the adjacent property owner, according to City code.

We know the code places a burden on property owners, and our Urban Forestry team has long supported a change that would give the City a greater role in street tree maintenance. We are excited and hopeful the recent allocation of Portland Clean Energy Fund dollars will expedite progress toward that goal.