Edina Rewrote Its Tree Rules After a Lawsuit. Here's What Still Applies to Your Teardown or Addition

"It really curtails a lot of the potential dangers of people just clear cutting trees and then not having to replace them under this ordinance," Edina City Attorney David Kendall told the City Council in February, according to the Sun Current. One line in the ordinance the council went on to adopt does a lot of that work. Protected trees removed within one year before a permit application are still subject to the replacement requirements, and the tree inventory has to list them along with the reason they came down.

The text doesn't say who has to have removed those trees. If you're buying an older Edina rambler to replace, expand, or add a garage, deck or pool, you take on the lot's trees, including the ones whose stumps are still in the yard.

The lawsuit ended. Most of the rule didn't.

Housing First Minnesota, the homebuilder association, sued Edina in Hennepin County District Court in August 2025 over the city's previous tree ordinance. It dropped the suit in March 2026 after the city repealed and replaced the rule, as Finance & Commerce reported. In that coverage, Housing First's Nick Erickson said the new version is less expansive, focusing on the subdivision of new lots instead of all teardowns, additions and empty lots.

The adopted text of Ordinance 2026-04 took effect when it was published on March 12, 2026. It requires an approved tree protection plan for a grading permit, a demolition permit, a building permit for a new principal or accessory structure "including a garage, deck, or pool," an addition, or a subdivision that creates new lots. The city's tree protection FAQ gives the same list. Set the old rule, as described in Housing First's complaint, next to the new one, and the parts that touch a residential rebuild hardly moved.

The rewrite added choices about how to calculate the security and where replacement trees go. The ratios and per-inch rates behind the cost stayed the same. And for a remodel on a wooded lot, the bigger change may be that the rule now reaches parts of the city it didn't cover before.

How the trees on a lot turn into dollars

The ordinance defines a protected tree as a healthy, structurally sound deciduous tree at least five inches in diameter at breast height, or a conifer at least 15 feet tall. A deciduous tree at 30 inches or a conifer at 30 feet counts as a heritage tree. Box elder, poplar, willow, silver maple, black locust, ash and mulberry are listed as removable species, so they fall outside the protected count.

Replacement trees have to be at least three and a half inches in caliper for deciduous species and eight feet tall for conifers. Heritage replacements go up to four and a half inches and ten feet. Here's a simplified illustration of the formula. Take out one healthy 20-inch maple of a non-removable species, and the replacement target is 15 inches, or about five minimum-size trees planted on the property. If none of that replacement were planned, the per-inch formula would set the security near $4,500. For a 32-inch heritage oak, the 100% target is 32 inches, and the formula reaches about $16,000. City forestry staff review every plan and can require changes to which trees stay, how they're protected, and what goes back in the ground. Your project's actual figure comes from that review.

Under the old rule, those amounts added up. In 2024, the Star Tribune reported a $95,000 escrow demand on one wooded building lot. The city told the paper it had reviewed 455 permits since January 2023, and 68 of them required escrow.

Trees you keep shape the design too. Each preserved tree has a critical root zone with a radius of one and a half feet for every inch of diameter, so a 10-inch tree protects a 15-foot circle. Construction, equipment storage, stockpiled soil and grading are barred inside that circle unless forestry staff approve a plan. Protective fencing has to be inspected before site work starts. On a tight lot, those circles can decide where a new garage or a wider footprint fits.

If the project is valued at $100,000 or more, or at $500,000 or more for a new home, the inventory has to be prepared by a certified arborist from the International Society of Arboriculture.

Where the new version gives you room

The flexibility in the rewrite works on the cost side. When a property can't hold all the replacement trees, forestry staff may approve planting on private land within 300 feet. The applicant notifies nearby owners and posts a sign saying trees are available. If no one within 300 feet takes them, the trees can go elsewhere in Edina. "People who want trees, who do not have trees on their property, they can create a relationship with that developer to get trees onto those properties," Parks & Recreation Director Perry Vetter said in the Sun Current coverage.

On lots that already have a house, forestry staff may waive mitigation for trees that are damaging foundations, sidewalks or driveways, based on findings from a certified professional or arborist. They may also waive it for trees in active or planned easements. Up to 20% of replacement trees can now be a different type, so a conifer can stand in for a deciduous tree. "You might want a year-round visual buffer from a conifer instead of a deciduous tree where you'd lose its leaves," Forester Luther Overholt said in the city's April 2026 newsletter. The same newsletter credits the ordinance with preserving 6,054 trees since 2023.

Council members didn't all agree. At the February 17 first reading, which passed 4-1, Councilmember James Pierce said putting remodeling projects in the same group as new construction "feels like it disadvantages others in the community." Councilmember Julie Risser passed along residents' concern that "if you have trees, you become responsible." That concern lands hardest on buyers who pick a property for its mature canopy.

The escrow comes back in two pieces, on its own schedule

The city won't issue a demolition, grading or building permit until forestry staff approve the plan and the security is on deposit, either as cash escrow or a letter of credit. The ordinance releases half once the replacement trees are planted and site-disturbing work is complete, after an inspection. The rest is released no sooner than 12 months after planting or completion of other site work, whichever comes later, and only after a certified arborist confirms the trees are viable. Any tree that doesn't make it has to be replaced.

The city's escrow refund request form ties the first half to the certificate of occupancy and the balance to about 12 months later. The two descriptions don't match exactly, so ask city forestry staff which schedule applies to your permit. Either way, plan to have the money tied up for at least a full growing season after the build. If the work isn't brought into compliance, the city can draw on the security to do it.

What fits inside a contingency window this fall

Edina buyers have a bit more time to look into this right now. In September 2026, Edina homes took 80 days to sell, compared with 44 a year earlier, and sellers received 95.1% of original list price, compared with 97.2%, according to Minneapolis Area REALTORS' local market update. That report also cautions that a single month can look extreme because the sample is small. Before you commit to an older home you plan to change, a few questions can bring the tree cost into view:

1. Which trees on the lot meet the protected or heritage thresholds, and which are on the removable species list?
2. Have any trees been taken down in the past year? Fresh stumps and gaps in the canopy belong in the conversation with the seller.
3. Where would the root zones of the trees you keep fall against the footprint you have in mind?
4. Will the project's valuation require a certified arborist's inventory?
5. Is there room on the lot for replacement trees, or would off-site planting come into play?

The city lists Luther Overholt as the contact at [email protected] or 952-826-0308. As of late October 2026, the city hasn't announced any further amendment since the March update.

A few quick answers

What happens to trees removed when no permit is involved? In general terms, Vetter told the council that the ordinance applies through permits, and that tree removal outside the permit process isn't something it prevents. The ordinance's one-year lookback brings removals from the prior year into the count once a qualifying permit application is filed. Confirm how this applies to a specific property with city forestry staff.

Does a deck really count? Yes. The ordinance and the city FAQ both list garages, decks and pools.

Is there a penalty for ignoring the plan? A violation is a misdemeanor, and failing to comply can hold up final inspection approval.

This post is general information, not legal, tax or financial advice. Please confirm how the ordinance applies to your property with the City of Edina and the right professionals.

If you're weighing an Edina home you plan to rebuild or expand, David K Wells III Real Estate can help you work the lot's trees into your offer timeline and inspection period before you commit. Contact David & Wren to discuss your next move.