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Leaning elm at Kristina Pierce\u2019s property on the 3400 block of Park Place. Credit: Bob Seidenberg<\/p>\nLeaning elm at Kristina Pierce\u2019s property on the 3400 block of Park Place. Credit: Bob Seidenberg<\/p>\n
A northwest Evanston homeowner will be allowed to remove an elm tree on her property that was leaning over a neighbor\u2019s garage, in the first successful challenge to the city\u2019s private tree ordinance enacted in 2023.<\/p>\n
In a unanimous voice vote, members of the city\u2019s Human Services Committee on Tuesday granted Kristina Pierce\u2019s request for a variation from the city\u2019s private tree ordinance. Pierce brought the issue to the committee last year after the city\u2019s tree coordinator had ruled against the request, maintaining the tree didn\u2019t meet criteria that allow removal.<\/p>\n
Under the city\u2019s private tree ordinance, the committee has final say on the matter and the issue will not move to the council.<\/p>\n
Contacted after the decision, Pierce expressed appreciation that committee members recognized through her experience that there were holes in the ordinance.<\/p>\n
\u201cI would really like the city and the council members\u00a0to go back to the drawing board and take a look at this ordinance and work to kind of continue to revise it,\u201d she said, \u201cso we can continue to protect our environment and allow homeowners to do what is right for our properties.\u201d<\/p>\n
Pierce indicated she still might challenge a requirement that she pay up to $1,900 in fees or replace the elm with 9.5 trees if it is demanded.<\/p>\n
With strong backing from the environmental community, City Council members approved the ordinance extending protections to trees on private property in September 2023. According to one study, at least 70% and likely closer to 80% of the tree canopy in Evanston is located on private property. Until the ordinance was approved, trees on private property were not regulated by City Code, except for those on property greater than 2 acres in area.<\/p>\n
First to test the rule<\/p>\n
In August of last year, Pierce became the first homeowner to file a request for a variation from the ordinance.<\/p>\n
In a letter in support of the request, she said the elm in due time \u201cwill indeed become a hazard. I would like to remove it preemptively before damage is done to my neighbor\u2019s property and before it becomes too large and incredibly expensive to move.\u201d<\/p>\n
\u201cRemoving it now will allow birds and other critters to find homes in the nearby maple or arborvitae trees,\u201d she added. \u201cSoon the other trees on the property will grow large and they will find shelter there as well,\u201d she said, noting her neighbor backs the request.<\/p>\n
![\"\"](\"https:\/\/www.newsbeep.com\/us\/wp-content\/uploads\/2025\/09\/IMG_1157-1024x768.jpg\")
Angela Levernier, Evanston tree coordinator. \u201cIt\u2019s not known for sure\u201d which way the elm tree would go, she said. Credit: Bob Seidenberg<\/p>\n
Staff brought the request to the committee for review after Pierce\u2019s request was assessed by a city arborist who did not observe any decay, structural defects or other conditions that would indicate the tree is at risk of failure at this time, Angela Levernier, the city\u2019s first tree coordinator, wrote at the time. \u201cPer city code, tree removal permits are approved only where there is evidence that the tree poses a significant risk to people and\/or property\u201d she wrote, explaining why a permit wasn\u2019t issued.<\/p>\n
Under the ordinance, if the Human Services Committee approves removal, a tree would be subject to replacement and\/or a fee. In Pierce\u2019s case, she would be required to replace the tree with 9.5 trees or pay $1,900.<\/p>\n
At Tuesday\u2019s meeting, Councilmember Juan Geracaris (9th Ward), moved that the committee grant Pierce\u2019s variation request and Councilmember Matt Rodgers (8th Ward) seconded the motion.<\/p>\n
\u201cAt least me personally with this request, I think we should grant the variation and move forward and let the homeowner incur the fees,\u201d Geracaris said.<\/p>\n
Private vs. community trees<\/p>\n
\u201cI have a problem with the city sort of intervening on a lot of these trees on private property,\u201d Rodgers said. <\/p>\n
\u201cI think we need to re-examine our tree ordinance because this really comes down to who has the best argument for whether a tree stays or goes,\u201d he said. \u201cAnd it seems like we\u2019re reaching a point where the tree has to be in imminent collapse before people are willing to take it down. And I really would like to see the city focus not so much on private property trees and really focus efforts on our community trees. We have a lot of work to do on trees on our parkways, in our parks, areas like that and I\u2019d really like to see our focus there and not so much time on private trees.\u201d<\/p>\n
Council and committee member Bobby Burns (5th Ward), chairing the meeting, reviewed the facts of the case with Levernier.<\/p>\n
\u201cWe know \u2026 trees are fast growing. We know it\u2019s [the elm] is going to continue to grow. We know it\u2019s going to continue to grow in a direction that increases the threat to this garage,\u201d he said. \u201cThe idea would be, \u2018Let\u2019s permit her to do this now, when the cost [of removal] is lower than wait, until this is some huge cost.\u201d<\/p>\n
\u2018It could be corrected\u2019<\/p>\n
Levernier responded that \u201cit\u2019s not known for sure. It could continue to grow that way. With pruning it could be corrected. It\u2019s growing next to a larger maple and that\u2019s why it\u2019s growing this way, so it could reach above that canopy and shift, so it could be monitored. But the homeowner in her variance explanation, I think she doesn\u2019t want to wait.\u201c<\/p>\n
Pierce confirmed that was the case. She told committee members at a previous meeting that she is in full support of the work the city is doing to protect the environment, and spoke of her own work to improve the property, adding nine trees\u00a0after buying the property from her parents.<\/p>\n
![\"\"](\"https:\/\/www.newsbeep.com\/us\/wp-content\/uploads\/2025\/09\/IMG_0644-1024x768.jpg\")
Kristina Pierce, a resident of northwest Evanston, earlier this year shows off one of the trees she has added to her property. Her request for a variation to remove a leaning elm tree was granted by the city\u2019s Human Services Committee. Credit: Bob Seidenberg<\/p>\n
The elm in question was little when she moved and seemed to be doing great under a large maple. \u201cAnd then as it has gotten larger, it\u2019s kind of taken off \u2026 it\u2019s reached off to the west and it\u2019s leaning over my neighbor\u2019s garage.\u00a0<\/p>\n
\u201cMy concern kind of comes from just, I think, being a responsible homeowner,\u201d said PIerce, who is a teacher.<\/p>\n
45-degree angle<\/p>\n
\u201cIt\u2019s leaning roughly at like a 45-degree angle. Now it\u2019s young but as it ages it\u2019s going to continue to do that. And I think it\u2019s going to get more and more expensive for me as homeowner.\u201d<\/p>\n
Rodgers said there\u2019s an element of uncertainty in such cases. He said \u201cif you allow a tree to grow a certain way, you never know when that tipping point. There\u2019s dead trees that stand for many many years. There\u2019s live trees that all of a sudden look healthy and just drop dead yet. So I\u2019m in favor of allowing them to take this tree out.\u201d<\/p>\n
Under the ordinance, if the Human Services Committee approves a tree removal, the tree would be subject to replacement and\/or mitigation fee requirements. In Pierce\u2019s case, she would be required to replace the tree with 9.5 trees or pay a fee of $1,900.<\/p>\n
Pierce indicated Tuesday she might challenge that provision if applied. \u201cIf they\u2019re going to have me pay $1,900, I\u2019m a single mother, I\u2019m a teacher, I can\u2019t afford it,\u201d she said.<\/p>\n
Also, are they \u201cgoing to count the trees I already planted?\u201d she asked.<\/p>\n
\u201cNext chapter,\u201d she said.<\/p>\n
\n\tRelated Stories<\/p>\n","protected":false},"excerpt":{"rendered":"Leaning elm at Kristina Pierce\u2019s property on the 3400 block of Park Place. Credit: Bob Seidenberg A northwest…\n","protected":false},"author":2,"featured_media":130223,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[82454,82455,192,82456,82457,82458,82459,82460,79],"class_list":{"0":"post-130222","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-environment","8":"tag-angela-levernier","9":"tag-bobby-burns","10":"tag-environment","11":"tag-human-services-committee","12":"tag-juan-geracaris","13":"tag-kristina-pierce","14":"tag-matt-rodgers","15":"tag-private-tree-ordinance","16":"tag-science"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/130222","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/comments?post=130222"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/130222\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media\/130223"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media?parent=130222"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/categories?post=130222"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/tags?post=130222"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}