December 2021

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

COA Affirms Tree Preservation Ordinance Effected a Regulatory Taking

By Emily Palacios

Canton Township has regulated tree removal under its Forest Preservation and Tree Clearing regulations since 2006. The regulations require a permit for the removal of (i) any tree having diameter breast height (DBH) of 6 inches or greater; (ii) removal of any tree constituting a landmark tree; (iii) removal of any tree located within a forest; and (iv) clear-cutting or grubbing within the drip line of a forest. The regulations further require replacement of removed trees based on formulas calibrated to the size of tree removed (e.g., landmark trees of greater than six inches DBH removed must be replaced with three trees with a minimum caliper of four inches). If tree replacement is not possible on the property where trees are being removed, a property owner must either make a payment in lieu to the township tree replacement fund or replant the required trees off-site.

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The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.