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Wednesday, May 13, 2026 at 6:20 PM
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Some Kyle residents call for tree ordinance after developer fells live oak grove

Some Kyle residents are advocating for a city ordinance to protect old trees such as the Kyle Auction Oak, which provided shade to auctioneers when town lots for the new city were being sold in 1880. “It looks like a perfect clubhouse tree,” said Diamond Hayes (right), an 11-year-old Wallace Middle School student who was riding bikes with her cousin Jakaleya Mims-Brewster, 10, who was visiting from St. Louis this week. (Photo by Wes Ferguson)


 


by KIM HILSENBECK


A small crowd gathered recently at the corner of FM 150 and FM 2770 near Plum Creek as a grove of stately old oak trees was bulldozed over.


The trees, not sick or dying, were taken down to make way for a Sonic and Walgreens.


One eyewitness, Cindy Lawton, described watching the tree removal as devastating.


“We can welcome progress with guidelines that protect natural resources,” she said in a letter to the Hays Free Press.


Kyle Mayor Lucy Johnson said when Sonic and Walgreens presented site drawings two or more years ago, they showed all those trees would be cut down.


“We didn’t hear a lot of feedback from residents at that time about saving those trees,” Johnson said in a recent phone interview. “I haven’t received much support for a tree ordinance since then,” she said. “But now since those oaks were cut down I’ve heard more.”


Tim Miller, an organic farmer and former arborist, also wrote a letter to the editor about the trees that were bulldozed. In a phone interview, he said the same fate could be in store for what he called heritage oaks – generally trees with a diameter of 28 inches or more – on Opal Lane near his home.


These heritage oaks can live for centuries.


Miller said Kyle included a five-lane road in its master transportation plan that would affect the large trees near Opal Lane, not far from FM 150 and Stagecoach Road. A major road would be detrimental to the root systems of these majestic old trees, according to Miller.


“Kyle needs a tree ordinance that also includes areas outside the city limits,” Miller said. “The city blows off my suggestion because I’m not a resident.”


Though Miller has a Kyle address, his property is in the city’s extraterritorial jurisdiction.


According to Kyle spokesman Jerry Hendrix, there are no city ordinances that specifically protect trees. He said the City Council considered a tree ordinance in 2010 that failed to pass into law.


Miller is trying to get that changed. He said he is forming a citizens’ group to put another tree ordinance in front of the council.


Johnson had brought the earlier proposed ordinance to the City Council with the help of Kerry Urbanowicz, director of parks and recreation. Johnson said the council members at that time were concerned about private property owners’ rights because landowners should be able to do what they want with their trees.


She said the City Council also thought such an ordinance would hinder development in Kyle.


“I was concerned about private property rights, too, but we worded the ordinance to apply to only new development,” Johnson said.


What would it take to get a tree ordinance passed in Kyle now?


“A lot of people would have to support it and say we care about the trees,” Johnson said.


What is it about big old trees that makes people hate to see them removed? Miller said trees offer beauty, shade and a cooling effect.


“People are attracted to shady trees,” Miller said.


So are wildlife and insects. According to Miller, one of the hollowed-out trees taken down near Plum Creek had a native Texas honey bee hive.


Johnson said if you take the emotional aspect out of the equation, trees represent tremendous property value and fresh air. They produce oxygen and create lower temperatures and shade.


“They are aesthetically appealing,” Johnson said.


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