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Rehoboth Beach’s new tree code appears to be working

First update shows appeals are down
September 30, 2025

Two years into using a heavily rewritten code on trees, Rehoboth Beach officials are reporting a decrease in the number of appeals, which they say is indicative of a successful transition.

Rehoboth Beach Urban Forestry and Parks Manager Mike Lilly said everyone appreciates the time and energy that went into code changes, and it has been noted by the department several times that this new code is better than previous regulations. 

After a years-long rewrite, the city adopted new tree code standards in June 2023, but former city arborist Liz Lingo left the city a few months afterward. The position sat vacant for more than a year before Lilly was hired to fill the position in November 2024. Lilly gave his first annual presentation Sept. 22 to the Rehoboth Beach Parks & Shade Tree Commission.

Chair Laura Ritter, who has been on the commission since 2020, agreed with Lilly. There’s hardly been anything for the commission to do, and the cases that have come before the commission have been obvious, she said.

The new code really narrows down what goes before the commission, said Lilly.

City Solicitor Lisa Borin Ogden said Lilly has done a good job working with residents within the confines of the code, and there would be some concern on her part if every matter ended up in front of the commission.

The number of tree removal permits the city receives appears to have plateaued.

Lilly said the city received 67 removal permits in 2022, 70 in 2023, 77 in 2024 and 77 in 2025, through Sept. 22. There was an influx when he first started, but that was because of a backlog, he said.

Of the 77 permit applications received this year, Lilly said 55 were approved, 13 are in review, nine were denied and two were withdrawn. There is an increased trend in permits approved because of new construction, he said.

Looking forward, Lilly said he would like to get public comment on how the code is working and if there are any changes the public would suggest. It’s just to get a better understanding, he said.

“Is everything running smoothly or are there underlying issues?” said Lilly.

There have been significant changes, but this is not a wholesale rewrite, said Ogden. It hasn’t been in effect for too long, and this is an opportunity for the community, she said.

Lilly also provided an update on tree plantings and removals in the city’s parks and on its streets.

In Grove Park, Lilly said people have shared concerns related to root compaction because the park sees a lot of events throughout the year. The city allows vehicles to drive into the park and it's heavily used, he said, suggesting it might be time to consider giving it a break so the trees have time to recuperate.

As for public park trees, there were five removed at Stockley Street Park and one at Grove in 2025.

In Stockley Street Park, the replacement trees – three northern red oaks and two sugar maples – will be planted soon, said Lilly. For Grove Park, he said, a large oak tree was removed, and he would like to replace it with a tree in spring 2026.

There were quite a few city-owned sidewalk trees removed, said Lilly. In 2025, there were 15 trees removed, but the city is planting 18 sidewalk trees, he said.

These trees are under constant stress because of new construction and storms, said Lilly.

Lilly said the cherry trees on Bayard Avenue are beginning to show their age too. This is just food for thought right now, he said, but something will need to happen, because the city is losing two to three every year.

Near Lake Gerar, there are a handful of trees dying that have been infested with pine bark beetles, said Lilly. Those will be removed and replaced, but the remaining trees are being treated to be saved, he said.

 

Chris Flood has been working for the Cape Gazette since early 2014. He currently covers Rehoboth Beach and Henlopen Acres, but has also covered Dewey Beach and the state government. He covers environmental stories, business stories and random stories on subjects he finds interesting, and he also writes a column called Choppin’ Wood that runs every other week. He’s a graduate of the University of Maine and the Landing School of Boat Building & Design.