In Louisiana, little stands in the way of taking down trees for development

Neighbors in a Lake Charles neighborhood are fighting to ward off a development that would remove a legacy live oak. (Jared Bellard/Louisiana Illuminator)

LAKE CHARLES — For months, one neighborhood has rallied to protect a legacy live oak from a proposed multifamily housing development, raising concerns about the lack of legal protections for old-growth trees in Louisiana.

The developer has withdrawn his zoning request to the city just days before the next public meeting on the project, according to an email the Illuminator obtained from someone close to the proposed development. However, David Minton of Pentangeli Row Development has not ruled out returning to the Lake Charles Planning and Zoning Commission next month to seek approval for his project.

City Councilman Stuart Weatherford confirmed that Pentangeli Row’s contract with the property owner, Our Lady Queen of Heaven Catholic Church, has expired, and the property is now back on the market.

“I would presume that [new proposals] wouldn’t be anything similar to what this proposal was, just because there was so much concern and pushback from the neighbors,” Weatherford said.

If approved, the Pentangeli Row development would include several duplex townhomes on a 2.4-acre lot, across from the Calcasieu Parish Library’s Central branch. The neighborhood primarily consists of single-family homes.

Minton did not respond to requests for comment for this report.

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Neighbors unite

When notices about the development first appeared around the neighborhood, many heard alarm bells. Dominique Darbonne and her family live adjacent to the property. Once she saw the plans did not include the old oak she affectionately calls ‘Mary,” Darbonne joined neighbor Amie Johnson-Herbert to form Southwest Louisiana Save the Tree. They started a petition to save the oak, estimated to be 75 to 100 years old, that quickly gained almost 800 signatures .

“The tree was the gateway for me into getting to know my neighbors,” Darbonne said, “and to hear other people’s concerns about what was going on in the neighborhood.”

The area in question has always had a drainage issue, according to resident Sandy Barker. She worries that adding more concrete surface could make it worse. Many spoke against the development at city commission and council meetings in June, July and August, with additional concerns about privacy, heavier traffic and environmental preservation. A working group of 20 to 40 residents was quickly organized after the first meeting with the city zoning board in June.

“She [Darbonne] started with the tree,” Barker said. “I started with the drainage problem. My mom and dad helped form this diocese and this Catholic church, and the tree has always been here. I’ve seen this tree all my life. I’ve taken it for granted. Then we all came together.”

Laws to protect trees limited

Organizers also consulted with William Guion, a fine art photographer and writer who believes every old oak tree has a story and has made it his life’s work to document as many of them as he can. Guion developed the 100 Oaks Project , a photo documentary of the oldest live oak trees across Louisiana. His project also involves resources for those trying to save oaks in their area.

People understand the human connection to trees when they understand that they are part of the community, too, Guion said. They offer shade from the sun and help lower ambient temperatures compared with heat-radiating concrete. Trees also filter water and provide homes to numerous species of mammals, birds, insects and plants.

“If enough people get together and let their local representatives know that a tree is important to them, then something gets done,” Guion said.

According to neighborhood organizers, no ordinances in Lake Charles protect aging oak trees, and this is true for most of Louisiana.

Last month in Gonzales, two historic oak trees were unexpectedly cut down to make space for a new business, leaving residents in shock. Scot Byrd, the city’s chief administrative officer, said no state or local law exists to protect trees, according to the Gonzales Weekly Citizen .

“They were beautiful, for sure. It is a shame they couldn’t save them,” Byrd wrote on Facebook.

In New Orleans, officials recently promised to issue a fine of over $20,000 if they could identify who illegally cut down a live oak in June, The Times-Picayune reported . The tree that stood along a sidewalk on St. Charles Avenue was planted in 2008. It’s covered under a local ordinance that protects trees, but it only applies to trees on city property.

Two years ago, Entergy New Orleans was fined $20,000 for removing a century-old live oak on the same avenue, The Times-Picayune reported .

In 2021, then Gov. John Bel Edwards signed a law to protect the bald cypress, Louisiana’s official state tree, from being harvested. The measure, which gained unanimous support from the Legislature, does not apply to bald cypress on private property.

Massive cypress trees, many more than 1,000 years old, once covered millions of acres in Louisiana before they became a preferred lumber source starting in the 1700s. By the early 1900s, the original growth cypress were cleared, and today very few second- and third-generation stands remain.

Without any safeguards to protect them, significant live oaks and other trees in the South are threatened, according to Guion.

Grass-roots approach

Organizing for change is a diverse process. Neighbors near the Lake Charles site still have “Stop Minton!” signs in their yards. While some project opponents met with council members, others shared the online petition or voiced opposition at city hearings.

One community member created a Save Our Neighborhood website to raise awareness and support for their movement. The site, created anonymously, has had more than 2,000 views since June and logged almost 400 monthly unique visitors.

Minton’s initial plans did not include keeping the legacy oak. But according to the most recent plans submitted to the city, Pentangeli Row Development reduced the number of lots planned from 32 to 24 and included a “park/detention area” with two oak trees set to remain on the property.

However, critics argue that a concrete walkway in the new plans would encroach upon the tree’s root system , which can be two to three times larger than its widest branches.

Neighborhood organizers spoke on the strength of their grassroots effort, stressing the need to connect in as many ways as possible.

“There are so many moving parts,” Johnson-Herbert said. “There’s a neighbor who’s had a meeting with a city councilman. Another neighbor met with a police juror. Another neighbor met with nonprofits.”

The city council should be standing behind the neighborhood, Barker said, because they are the ones who pay taxes and vote them in or out of office.

“We tried to figure out a path where everybody wins … It is important to unite,” Darbonne said. “There is strength in coming together with your neighbors, addressing each other’s concerns and organizing around the needs of your neighborhood. In cities and districts with reliable council members, I believe you will have the chance to enact some change.”

There are not many people who will stand up and speak for the oaks, Guion said.  The best time to act, he added, is long before a tree is threatened with being cut down.

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