Homebuilders group sues Edina over tree ordinance

Debate over Edina's tree protection policies

A housing advocacy group is suing the City of Edina over its tree protection policies. FOX 9's Soyoung Kim has more.

EDINA, Minn. (FOX 9) - Housing First Minnesota, one of the state’s largest homebuilder associations, has filed a lawsuit against the City of Edina over its tree and vegetation ordinances.

Root of the problem

The backstory:

The City of Edina’s 2023 tree ordinance is aimed at replacing old-growth trees if removed during construction. According to the lawsuit, the city policy says to either replant or pay fees. The association said the deposit amount is based on tree types and size.

Housing First Minnesota said developers must deposit the city’s calculated replacement value into escrow.

According to the city’s ordinance, the escrow can be returned if proven the tree has been replaced or the city retains money in escrow.

The group said it sent the City of Edina a letter in October 2024 regarding the matter.

In the complaint, Housing First Minnesota alleges the fees and conditions imposed are unlawful.

What they're saying:

The group representing homebuilders and developers said under these ordinances, it has cost several of its members tens-of-thousands of dollars.

"As soon as the city is requiring those trees to be replaced on someone else’s property or pay a fine for not being able to plant the trees on their own property, the city would need explicit authorization from the Minnesota State Legislature. And the Legislature has not provided that authorization," said Nick Erickson, Senior Director of Housing Policy for Housing First Minnesota.

"Just reviewing the many different tree ordinances and requirements that are across the state, this is definitely the most expensive and the most exclusionary. Policies like this get in the way of us and our members at Housing First adequately supplying the housing market."

The other side:

A spokesperson for Edina sent FOX 9 a response saying the city does not generally comment on active lawsuits.