This chapter shall hereinafter be known as the Rockport Tree and Landscape Regulations for the City of Rockport, Texas.
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22)
This chapter establishes requirements for the provision of landscape elements and their maintenance, tree preservation and mitigation, buffering and screening of property for the purpose of providing orderly, safe and attractive development of land while promoting the health, safety and general welfare of the community.
The city experiences frequent droughts; therefore, it is a purpose of these regulations to encourage the use of drought resistant plants that do not consume large quantities of water.
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22)
(a)
The terms and provisions of this chapter apply to land as follows:
(1)
All vacant and undeveloped land within the City of Rockport, Texas, including any newly annexed areas by the city, except specific lands or uses of land as may be exempt herein.
(2)
All existing land to be re-developed, including additions and alterations but excluding interior alterations, except specific lands or uses of land as may be exempt herein.
(3)
All land that may be subject to landscape maintenance unless as exempt herein.
(b)
The terms and provisions of this chapter shall not apply to the following:
(1)
Rights-of-way, streets, parks, and any other public land under the ownership or jurisdiction of the city, except specific land or uses of land as may be exempt herein.
(2)
Any land under the ownership or jurisdiction of state or federal agencies or other governmental body when otherwise prohibited by statute.
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22)
For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural shall include the singular, words used in the singular include the plural, words used in the masculine include the feminine, and words used in the feminine include the masculine. The word "shall" is mandatory and not merely directory.
Pruning standards set forth in the standard practices for trees, shrubs, and other woody plant maintenance document.
Means a wall, fence, barrier or vegetative matter that acts as a device to obscure or hide visual, noise or other types of nuisances that may be related to an adjacent property or street.
See definition in Chapter 2 of the International Building Code.
A lot or portion of a lot which is designated on the building permit application, including any existing structures, proposed new structures, parking layout and any other site requirements that may be pertinent to development.
Any of various measuring instruments usually having two adjustable arms, legs, or jaws used especially to measure diameter or thickness.
Trees having a DBH greater than or equal to twenty-four inches (24") and less than forty-eight inches (48") are designated as "Century Class Trees".
The measurement around the trunk of a tree at breast height, or 4.5 feet above the ground. Circumference is also diameter multiplied by 3.142. Refer to DBH below.
Means the City of Rockport, Texas.
For any tree, the area within a circle centered on the location of the trunk. The circle's diameter is one-half the sum of the broadest and narrowest drip-line diameters. (See Fig. 106-A.)
Means to take any action which could cause a tree's death, either immediately or after a reasonable period of time, such as pruning or removal of more than 25% of the living tissue, severing the main trunk or large branches or large roots, girdling, poisoning, carving, mutilating, touching with live wires, crushing or exposing roots, digging or drilling a hole larger than three cubic feet (or a trench) within the critical root zone, covering a substantial part of the critical root zone with an impermeable surface, adding an excessive depth of soil to the critical root zone or compacting a substantial part of the soil in the critical root zone to constitute an impermeable surface. The above are examples and are not intended to limit this definition.
The diameter of a tree measured in inches at breast height or 4.5 feet above the ground. If a tree forks into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the forks.
A vertical line extending from the outermost edge of the tree canopy to the ground. (See Fig. 106-A.)
Except as otherwise provided, any tree on public or private property that has a trunk diameter less than six inches (18.75 inches circumference) measured at DBH.
For the purpose of this chapter, the landscape official or such staff person designated to serve as liaison to the tree and landscape committee, takes part in the deliberations thereof but shall have no vote, except serves as chairman in the absence of the vice-chairman.
Trees having a DBH greater than or equal to forty-eight inches (48") are designated as "Heritage Class Trees".
Exotic plants that crowd out or otherwise harm native plants because they have no natural enemies in the Texas Coastal Bend area and therefore reproduce unchecked. (See Table 106-D, Invasive Species.)
A City of Rockport employee designated by the city manager to administer the provisions of this document. If no designee, the duties and responsibilities herein shall default to the building official.
Any of the following combinations of living vegetative material, such as, but not limited to, grass, shrubs, vines, hedges, various forms of ground cover plants, shade/canopy trees or palms. In addition, non-living durable material, excluding sand, concrete and other forms of paving material may be used to compliment the landscaping for edging and decoration.
An area of property required to meet landscaping requirements as prescribed herein.
An area of natural vegetation (brush, vines, grass, etc.) under a tree's canopy or drip line, which has no record of having been cleared and is considered to be in a natural state.
Construction activity which includes demolition, moving of buildings, site clearing, grubbing, grading and any other activity which disturbs the surface of land and is actually undertaken, or customarily undertaken, as preparation for development.
Trees having a DBH (diameter at breast height measured four and one-half feet above existing ground level) between eight inches (8") and less than twenty-four inches (24") are designated as "Protected Class Trees".
The cutting or removing any part of the branching structure of a tree in either the crown, trunk or root areas as defined by the latest ANSI A300 standard. (See Fig. 106-C.)
Any tree now or hereafter growing on any city street right-of-way, in any city park, or any public area as designated by the city.
The area of a lot which lies between the property line along a dedicated street and the actual wall line of the building; or, if no building exists, to the rear of the property line; or if parking is between the property line and wall line of the building, then between the parking and the property line. Such building lines extend outward from the corners of the building as illustrated in Fig. 106-B.
A woody plant having one well defined stem or trunk and a more or less definitely formed crown, and usually attaining a mature height of at least eight feet.
Means a person who possesses professional credentials that attest to such person's proficiency in the science of trees and/or tree ecosystems (i.e.: forestry, arboriculture, etc.).
Means a comprehensive assessment of land containing trees and/or woody vegetation to ascertain their location, condition, size and species. Such survey may be accomplished through aerial photography, topographical maps, on-site inspections/calculations or a combination thereof, which can be adopted into a plan for subsequent development of said land.
Means any Live Oak tree (Quercus virginiana) whose crown shows a definite south-east to north-west influence as a result of Rockport's prevailing southeasterly wind. No Windswept Live Oak tree shall be exempt from the necessity to obtain a permit prior to its destruction, as provided herein, and shall be considered a protected tree.
Means that for any given size (whole inches) of tree removed, relative size in wood is replaced. Example: one - eight-inch tree removed, replacement may be with either one - eight-inch tree or the equivalent number of trees to equal or exceed the numerical size of the tree removed.
The conservation of water and energy through creative landscaping. The word xeriscape comes from the Greek work "xeros", meaning "dry". This does not mean the landscape is brown or devoid of plants. However, it does mean that it is a well designed landscape providing the same lush appearance as other non-xeriscape landscapes, but requires significantly less water, energy and maintenance.
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22)
(a)
There is hereby designated a committee to be known as the tree and landscape committee. This committee is to function as an advisory board to city staff or city council, as the case may be, in regard to these regulations. Said committee shall be composed of seven members, to wit:
(b)
Candidates for the tree and landscape committee shall be appointed by the Rockport City Council. In selecting citizens for the committee, every consideration shall be given to include, but not limited to, landscape architects, urban planners, foresters, arborists, master gardeners, horticulturists, etc. Appointed members shall serve overlapping three-year terms with no more than two members up for reappointment in any one-year cycle. Beginning on the effective date of this chapter, two members will be appointed for three years, two members for two years and one member for one year. Any vacancy occurring during the unexpired term of a member shall be filled by the city council for the remainder of the unexpired term. The committee shall elect from its members a chairperson and vice-chairperson to serve for one year beginning in July of the year elected.
(c)
Meetings and duties of the tree and landscape committee:
(1)
The committee shall meet at least once a month or as often as needed to conduct business.
(2)
The committee shall make recommendations as necessary for the removal, replacement, protection or maintenance of existing protected trees, significant trees, and newly planted trees; and, possible retention of areas of natural vegetation and use of native species in landscape plans.
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22; Ordinance 1990 adopted 9/23/2025)
(a)
The purpose of a buffer, screening wall or fence between properties of dissimilar use is to eliminate or minimize potentially adverse impacts of noise, light, unsightly structures, parking areas, or other incompatible uses.
(b)
When a multifamily, commercial or industrial use is established on a building site located adjacent to any one-or two-family residential district, a buffer device, landscaped area or both shall be provided in addition to any site landscaping that may be required of this document. Conversely, when a one-or two-family residential use is established adjacent to any multifamily, commercial, [or] industrial use, a buffer device, landscaped area or both may be erected and maintained along the property line by the residential property owner(s).
(1)
A fence or wall that is provided shall be built in accordance with zoning ordinance.
(2)
All open space within a buffer yard shall be planted with grass or other vegetative ground cover.
(3)
A buffer yard may provide additional plantings in excess of minimum requirements.
(4)
A buffer yard may be interrupted in order to provide access (pedestrian or vehicular) to adjacent parcels.
(5)
The provisions of this section shall not apply where the residential area is separated by a public street, drainage ditch, canal or stormwater detention areas that are a minimum 30 feet in their least dimension.
(c)
In all areas, other than one-and two-family residential districts, a continuous visual screen of either wood, masonry, vegetation, hedge (two-years at maturity) or combination thereof shall be required upon completion of construction, alteration or change in use; for the following:
(1)
When a nonresidential PUD district or nonresidential specially permitted use is adjacent to a one-or two-family residential area.
(2)
To screen a service or loading area.
(3)
To screen the open storage of materials or equipment.
(4)
To screen refuse storage areas on three sides (refer to Chapter 82, Rockport Code of Ordinances regarding location of refuse storage areas).
(5)
To screen all roof, ground and wall mounted mechanical equipment (e.g.: air conditioning equipment), which may be viewed from residential uses, streets or public park areas.
(6)
Screening shall consist of materials consistent with the primary building materials, and may include metal screening or louvers which are painted to blend with the primary building.
(d)
In no case shall the following uses be allowed as buffers: playfields, stables, swimming pools, tennis courts or similar active recreation uses; parking areas; garbage dumpster or designated refuse collection areas (refer to Chapter 82, Rockport Code of Ordinances).
(e)
In cases where these requirements can be better met through the use of alternate methods, approval may be granted by the tree and landscape committee.
(f)
Buffering and screening devices shall be maintained by the property owner at all times.
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22)
(a)
The city shall reserve all fee-in-lieu of payments and any accrued interest from the fee-in-lieu of tree mitigation in a separate account from the general funds of the city. This fund shall be known as the tree preservation and mitigation account. The city shall deposit sums collected as cash payments-in-lieu of tree mitigation in the tree preservation and mitigation account. The city shall maintain records detailing the receipts and expenditures for the tree preservation and mitigation account. All funds deposited as credit for fee-in-lieu of tree mitigation may be used to place trees at public parks, schools, or other approved public facilities throughout the city. The tree preservation and mitigation account funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing trees, for advertising and educational purposes related to tree preservation and mitigation, and to purchase equipment for the preservation or protection of existing trees.
(b)
Expenditures in excess of $2,000.00 must have city council approval. Expenditures less than 52, 000. 00 must be approved by the City Manager.
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22; Ordinance 1914 adopted 11/14/2023; Ordinance 1945 adopted 8/27/2024)
(1)
Purpose and applicability.
Any decision of the city manager or his/her designee regarding a tree removal permit, a waiver, or the interpretation of the provisions of this article may be appealed to the city council.
(2)
Application requirements.
An appeal shall contain a written statement of the reasons why the decision is erroneous, and shall be accompanied by a fee established by the city council. An appeal by an applicant shall be accompanied by a copy of the application on which the initial decision was rendered. An appeal may include any other documents that support the position of the appellant. A written appeal must be filed with the city manager or his/her designee within ten (10) business days after the date of notification of the decision on the waiver or permit request.
(3)
Processing of appeal and decision.
a.
Submittal.
An appeal shall be submitted to the city manager or his/her designee for processing. Upon receipt of a written appeal, the city manager or his/her designee shall compile all documents constituting the record of the decision subject to appeal and transmit the record to the city council.
b.
Stay of proceedings.
Receipt of a written appeal of a decision on a waiver or permit stays all proceedings the city in furtherance of the decision from which appeal is taken, including without limitation acceptance, processing or issuance of any subsequent development applications, and any development activities authorized by initial approval of the waiver or permit. The stay shall be lifted only if the city manager or his/her designee certifies in writing to the city council that a stay would cause imminent peril to life or property. Thereafter, the stay may be reinstated only by order of the city council or a court of record, on application, after notice to the city manager or his/her designee, for due cause shown.
c.
Notification requirements.
An appeal requires the following notification:
1.
Written notice mailed to each owner of real property within two hundred (200) feet of the subject property as indicated by the most recently approved municipal tax roll, at least ten (10) days prior to the public hearing by city council.
2.
Published notice in a newspaper of general circulation at least fifteen (15) days prior to the public hearing by city council.
d.
Decision on appeal.
The city council shall hold a public hearing and decide the appeal within thirty (30) days after written receipt of the request for the appeal. The city council shall affirm, reverse or modify the decision from which the appeal was taken.
e.
Notification of decision on appeal.
Within ten (10) business days following the decision by city council, the city manager or his/her designee shall provide written notification to the applicant of the decision by the city council.
(4)
Criteria for approval.
In deciding the appeal, the city council shall apply the same criteria that govern the initial decision on the waiver or permit under the provisions of this article.
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22)
The graphics shown in Figures 106-A through 106-E are intended to depict the written representation of specific requirements addressed herein and are not intended to portray accuracy. In addition, these graphics may not be indicative for all areas of the city. Should there be a misinterpretation between the written word and the graphic, the written word shall prevail. Interpretation shall be made by the enforcing authority.
Figure 106-A Tree Drip line and critical root zone  |
Figure 106-B Street yards  |
Figure 106-C Lot Lay-out and Buffer Areas  |
NOTE: Landscaping adjacent to public right-of-way | |
1. | Minimum of five feet wide strip adjacent to right-of-way boundary with landscape barrier of at least two feet height, plus one tree per each 50 feet of street frontage. |
2. | All other areas between right-of-way and of-street vehicular use area shall be landscaped. |
Figure 106-D. Street Corner Vision Triangles  |
NOTE: Visibility triangles–No landscape materials above three feet high or below seven feet high shall be allowed within the visibility triangle as shown above. |
Figure 106-E. Refuse Buffering  |
NOTE: All enclosures to be six-foot minimum height. |
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22)
It shall be unlawful for any person or corporation to develop and/or maintain property in violation of this chapter.
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22)
(a)
Enforcement authority.
The landscape official shall enforce the provisions of this chapter. Any tree or landscape plan may be examined or re-examined at any time by the landscape official. If the landscape official determines the plan is deficient either preceding or proceeding development or is determined to be no longer in compliance with reviewed and/or approved plans, the following actions may be taken:
(b)
Notice of violation.
Whenever any tree or landscape plan is found to be in violation of this article, the owner/developer of the affected property shall be given notice of the violation and a time to cure the violation as provided by this section. The notice must be in writing and may be given:
(1)
By hand delivery to the owner or person in possession of the property;
(2)
By letter addressed to the owner at the owner's last known address as indicated in the records of the Aransas County Appraisal District; or
(3)
If the owner or person in possession cannot be contacted by (1) or (2) above, then the city may attempt to notice the owner/developer by one of the following additional methods:
a.
By publication in a newspaper of general circulation at least twice within ten consecutive days;
b.
By posting the notice on or near the front door of each building on the property to which the violation relates; or
c.
By posting the notice on a placard attached to the property to which the violation relates if the property contains no buildings.
The notice shall set forth the specific violation(s) and what action(s) shall be necessary to bring the plan or property into compliance with this chapter. |
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22)
(a)
Cumulative remedies.
If the property has not been brought into compliance within 90 days after notification and no appeal has been made by the owner/developer, the city may pursue any remedy or remedies available at law or in equity for a violation of this chapter, including, but not limited to, injunctive relief. No election of one remedy shall preclude the utilization of any other remedy. All remedies available to the city to enforce this chapter are cumulative.
(b)
Penalty.
(1)
Failure to comply with any provision of this chapter constitutes a class C misdemeanor punishable as provided by the general penalty provisions of section 1-7 of the Rockport Code of Ordinances. Each individual tree on each day the violation of this chapter exists shall constitute separate violations.
(Ordinance 1349, § 2, 9-5-06; Ordinance 1880, 8-23-22)