AUSTIN, Texas — A federal lawsuit is challenging the City of Austin’s Tree Ordinance after a homeowner was ordered to either plant replacement trees or pay an $8,800 mitigation fee following tree work on his property.

The lawsuit, filed by the Texas Public Policy Foundation (TPPF), argues the city’s enforcement of its tree ordinance violates the U.S. Constitution by imposing unconstitutional permit conditions and taking private property without compensation. The City of Austin says its Tree Ordinance is intended to help protect the city’s urban forest, and mitigation fees help fund programs including free tree giveaways and urban forestry grants as the city works toward its goal of reaching 50% tree canopy cover by 2050.

According to the lawsuit, homeowner Michael Petrick hired a tree-trimming company after purchasing his Austin home in 2025. The lawsuit says one tree was splitting, while two others had limbs extending over the street and into power lines. Petrick had one tree removed and the other two trimmed.

TPPF Director of Litigation Chance Weldon said the organization decided to represent Petrick after learning about the city’s enforcement action.

“When we heard about the client here in Austin who had trimmed some of his trees and been asked to pay $8,800 to the city for what was basically harmless yard maintenance, we thought that was something that would be important for us to be involved in.”

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Weldon said Petrick did not expect the work to trigger city involvement.

“He didn’t realize that he was doing anything that the city would even be involved in.”

According to the lawsuit, the City of Austin later determined the two trimmed trees had been over-pruned. Under the city’s Tree Ordinance, excessive pruning can be considered the removal of a regulated tree. City standards generally limit pruning to no more than 25% of a tree’s foliage during an annual growing season to help preserve a tree’s long-term health.

Weldon said the trees remain healthy.

“The trees are still standing. They’re leafy, they’re green.”

According to the lawsuit, the city required Petrick to either plant replacement trees or pay an $8,800 mitigation fee. The lawsuit says the amount was calculated using the trees’ combined 44 caliper inches, a measurement of trunk diameter, at a rate of $200 per caliper inch.

Weldon said the lawsuit challenges whether the city has the authority to impose those requirements.

“They are our client’s trees. The trees don’t belong to the city.”

CBS Austin reached out to the City of Austin for comment. A spokesperson said the city had not yet been served with the lawsuit but would review it and respond appropriately once it is served.

The city also told CBS Austin that mitigation fees help support Austin’s urban forestry efforts, including free tree giveaways and grant programs, as it works toward expanding the city’s tree canopy.

Weldon said he believes many homeowners may not realize how the ordinance applies to tree trimming.

“I think a lot of people just traditionally in the United States believe that they can trim their trees without having to worry about ruinous fines.”

CBS Austin also asked the city why certain over-pruned trees are classified as “removed,” how those determinations are made and how mitigation requirements and fees are calculated. A spokesperson said the city was looking into those questions but did not expect to have a response before the end of the business day.