San Antonio Express News

Editorial

In part, the 2003 San Antonio tree ordinance reflects an aesthetic choice: an environment with trees — especially large, mature trees — looks better than freshly scraped limestone.

But there's more at issue than merely aesthetics. Trees provide environmental benefits to San Antonio, including energy savings from reducing the “heat island” effect and reductions in stormwater runoff and subsequent flooding. Trees are carbon dioxide sponges and oxygen generators.

San Antonio has an obvious interest in enforcing the tree ordinance within its city limits and in the buffer zone that extends 5 miles beyond, where the city can exercise limited powers. Developers have challenged this extra-territorial jurisdiction since day one.

Last month, the 4th Court of Appeals finally settled the matter: San Antonio can enforce the tree ordinance in the ETJ. It's a major legal win for the city, but only a partial victory.

More work must still be done to close a significant loophole in the tree ordinance.

There's a legitimate purpose for the state agricultural exemption for tree clearing. But some developers have transparently abused the exemption.

Unfortunately, a bill by state Rep. Mike Villarreal, D-San Antonio, that would have tightened its provisions died in the Legislature. Until the agricultural exemption loophole is plugged, unscrupulous operators will continue to evade San Antonio's tree ordinance.