Private Property Rights and your backyard

·         Clearing of trees: As the law stands now, one only needs approval of the City before trees are removed from public space (such as the right-of-way adjacent to the street). Removal of trees on private property is not regulated.

·         Paving: As the zoning ordinance is written now, the only limitation on paving is within the required front-yard. Beyond the 40% limitation in the required front-yard area one is free to pave their entire lot.

o   The draft zoning ordinance (CZO) speaks to more extensive paving, but that ordinance is probably about 6-months from adoption.

o   Additionally, the Sewerage and Water Board is proposing to create a mechanism to have people pay for the impact of their paving on the City’s stormwater system. The hope is that this will create an incentive to have more permeable surfaces in our urban environment.

o   Even though there is no limitation on paving, one is not allowed to shed water to a neighbor’s property. The property owner will have to accommodate their own water either through grading the lot to channel water to the street or installing drainage.