Departing council member Gyna Bivens wouldn鈥檛 mind if Fort Worth had the strongest tree protections in the state.
She鈥檚 spent seven years advocating for tighter forestry preservation rules 鈥� work she saw come to fruition at City Council鈥檚 April 22 meeting.
The council approved new restrictions for developers to navigate as they clear forestry and higher penalties if they fail to comply.
The updated ordinance nearly doubled the size of the city鈥檚 protected tree list, . The amendments spelled out additional special protections for native post oak and blackjack oak trees, which are 鈥渆xtremely hard鈥� to breed and a prominent native species across Fort Worth, .
Developers must protect 50% of post oak and blackjack oak tree canopies on properties, a step above the 25% goal for all other protected species.
For every tree removed illegally, developers could face a criminal fine of $2,000 鈥� up from $500 鈥� the state maximum for a zoning ordinance violation.
They鈥檒l also of up to $1,200 per diameter inch of canopy removed, up from $300, if they remove a protected tree. For unauthorized removal of trees not on the list and not designated as 鈥渦nprotected,鈥� developers will face fees of $600 per inch.
For unauthorized removals of post oak or blackjack oak trees, offenders will face a $720 fine per diameter inch or $18 per canopy square foot, replacing the previous $600 per inch or $15 per square foot fine.
Revenue from fees will go to the .
鈥淚t鈥檚 important that people know, when they move to Fort Worth, you just can鈥檛 come and clear-cut our trees and not be held responsible for it,鈥� said Bivens, who has earned the nickname of 鈥渢he Lorax鈥� from her fellow council members for her advocacy for trees.
Developers included in conversations
To provide some relief to developers, the council increased the allowed building height by 14 feet in the following zoning districts:
- CR 鈥� Low density multifamily
- C 鈥� Medium density multifamily
- CF鈥� Community facilities
- ER 鈥� Restricted neighborhood commercial
- E 鈥� Neighborhood commercial
This measure aims to protect tree canopy while also preventing infrastructure from crossing zoning lines or property boundaries.
The ordinance includes a list of 17 unprotected, invasive trees that developers won鈥檛 face fines for clearing so long as they verify the area鈥檚 conditions 鈥� a caveat Bivens wanted to ensure so the city was not fining people for cutting down, what she views as, 鈥渢rash trees.鈥� Her priority was protecting old-growth, native trees.
As Bivens worked with staff for years on the tighter rules, she was repeatedly told that she鈥檇 need to fight against developers.
Eventually, she met with the city鈥檚 Developers Advisory Committee face-to-face to convince them they were on the same team to make Fort Worth a 鈥渕ore attractive place to be.鈥�
鈥淚 told them: 鈥榊ou all are the good guys. I鈥檓 trying to stop the bad guys,鈥欌�� she said. 鈥淏ecause you guys already follow the policies and procedures, you have no harm coming from this ordinance.鈥�
District 5 City Council member Gyna Bivens listens to a presentation during a Fort Worth City Council meeting on Feb. 11, 2025. (Billy Banks | Fort Worth Report) The amendment for development also instructs the Fort Worth Zoning Commission to decrease zoning setbacks 鈥� the required minimum distance a building must be from property lines 鈥� by 50% for any zoning district with the exception of residential areas.
At the April 22 meeting, Mayor Mattie Parker thanked the Developers Advisory Committee for cooperating with the amendments.
鈥淚 think (developers) recognize the importance of our tree canopy in the city, and that leadership of the city was making this a priority,鈥� Parker said.
Advancing a long-term mission
The higher fees directly respond to previous concerns from council members that the existing who get in the way of the city鈥檚 inaugural .
The in June 2024 to lay a roadmap for Fort Worth鈥檚 goal of increasing the city鈥檚 overall tree canopy to 30% of the city by 2050, up from its current 19% coverage.
It was created in with the . The initiative aimed to find solutions to issues like air quality, urban heat, stormwater management and tree protection in areas like the , which covers a large portion of Bivens鈥� district in east Fort Worth.
While the master plan had been floated by nature advocacy groups since 2004, Bivens traces today鈥檚 initiatives to summer 2018.
Developer D.R. Horton Homes had unlawfully cleared 鈥� many of which were over a century old 鈥� on a 51.5-acre site to make room for homes. The company faced as much as $1.5 million in penalties for violating the city鈥檚 tree ordinance, which required retaining 25% tree coverage. After admitting fault and agreeing to plant five times as many trees as it destroyed, D.R. Horton a fine.
The instance wasn鈥檛 the first controversial clear-cut in Fort Worth, but it generated an outcry by residents, media headlines and political conversations for creating water runoff that damaged existing houses.
Crews cut down and shred trees at the Mockingbird Estate development in the John T. White neighborhood, south of John T. White Road and west of Williams Road, in 2021. (Courtesy photo | Daniel Serralde) Bivens, who represents the area, met with residents and made it a mission to stop uncontrolled clearing from happening again, as well as limit the administrative authority that city staff had over waiving tree fines.
鈥淚 told staff that I know they thought I鈥檇 be gone before this got done 鈥� I鈥檓 serious, I know that鈥檚 what they had hoped for,鈥� said Bivens, who retires in May.
She said there will be more urban forestry conversations and amendments to come as Fort Worth grows, and she specifically wants to see a proper Fort Worth heat map study to show the cooling effects of trees over concrete-heavy areas.
For now, Bivens is just happy the seeds were sown, and that she was able to see them take root before leaving City Hall.
Drew Shaw is a government accountability reporter for the Fort Worth Report. Contact him at drew.shaw@fortworthreport.org or .
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