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A-374 8/08
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TEXT AMENDMENT
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As discussed at the June 18th work session, the August 7th regular meeting and the August
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27, 2008 work session, the following amendment is suggested to address the loss of
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significant trees when timber is harvested prior to submission of development proposals.
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Our current requirements apply when a development proposal of some sort is advanced
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for consideration. There is no section that clearly prevents cutting of trees prior to a
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development proposal unless a land disturbance permit is required. Unfortunately, the
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pace of growth in recent years and the lack of adequate protection against clear-cutting
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have resulted in an escalated loss of significant trees in advance of development
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proposals.
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In accordance with implementation strategy 2.6.2 of the Land Use plan, in order to
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reduce the loss of significant trees during harvests in advance of development proposals,
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staff recommends the amendment.
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This new section DOES NOT
20 ♦ Stop people from cutting trees to sell – it just requires them to get a permit, leave a
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perimeter buffer and save significant trees.
22 ♦ Interfere with forestry activities for land that is use-valued for that purpose or that
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has a forestry management plan
24 ♦ Change existing requirements associated with development proposals.
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The version below includes changes from the workshop version. The Purpose section is
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shortened, the Exemption section changes the term “silviculture” as in the statute to
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“forestry” as used by Tax Administration. We also reworded the regeneration language
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by using language from the statute and added an exemption for residential lots of record
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under 1 acre in size. A definitions section has been added as well.
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NEW SECTION (to be located in front of the current Landscaping Section 67. That
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Section would then be renumbered 67B):
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Section 67A: TREE RETENTION
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67A-1: Purpose.
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New Hanover County enthusiastically supports new development that protects and
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preserves the natural assets which make our area so desirable as a place to live, work and
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recreate. Old growth native species trees are an important natural asset.
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The County recognizes the value and benefit of mature trees in protecting, preserving and
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enhancing quality of life for present and future citizens. Some of the many benefits of
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tree preservation include:
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Conservation of energy by shading buildings and paved surfaces
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Certain trees have been determined to be “significant” to our area and therefore are
protected.
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Filtering of airborne pollutants
Removal of atmospheric carbon dioxide
Reduction of stormwater runoff
Slowing of flood waters
Recharging of groundwater
Protecting the cultural and historic character of the area
Increasing the value of homes and businesses
67A-2 Tree Removal in General
The removal of significant or regulated trees on any lot or parcel requires a tree removal
permit or a letter of exemption from the County Zoning Administrator. For particular
requirements when clearing occurs in conjunction with development proposals, see
Section 67B-9 of this ordinance. When tree removal is proposed without a companion
development proposal, the following shall apply:
67A-2.1 Application
Application for a timber harvest permit must include a tree survey indicating the
details outlined in 67B-8(4)(C) or proof of exemption in accordance with NCGS
153A-452 as outlined in section 67A-2.3.
67A-2.2 Regulated Trees to be retained
Regulated trees must be retained and protected during the permitted tree harvest
within a 50 foot perimeter of the property. All Significant trees shall be retained.
67A-2.3 Exemptions for Timber Harvest on parcels 1 acre or larger
(A)Exemptions will be granted only to those properties which are usevalued for forestry or those for which a forestry management plan prepared by a
registered consulting forester is presented. To qualify for exemption, a forestry
management plan shall ensure the proper regeneration of forest stands to
commercial levels after the harvest of timber.
(B) Any lot of record as of the adoption date of this ordinance which is
less than 1 acre in size and which is located in a residential zoning district shall be
exempt from the provisions of this section.
67A-2.4 Tracking
(A) The Zoning Administrator will forward copies of tree removal permits or
letters of exemption to the Planning Director.
(B) Any property proposal which requires subdivision approval, building permit
approval or commercial or special use site plan approval, and all proposals for
rezonings will be required to submit with the application, a copy of any
approved tree removal permit or letter of exemption issued within 3 years
prior to the application date.
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67A-3 Penalty-Withholding of Permits.
After the date of adoption of this section, failure to obtain a tree removal permit from
New Hanover County prior to removal of any regulated or significant tree or any timber
harvest on property will result in the following:
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Use Value - The North Carolina General Assembly enacted the "Land Use Program,"
which allows reduced tax values for individually owned property used for certain
purposes, including forestry. Basic eligibility requirements are forestland consisting of
one or more tracts, one of which consists of at least 20 acres that is in actual production
and are not included in a farm unit. A forestry management plan is required.(Contact
NHC Tax Administration for more information.)
(A) A building permit, site plan approval or subdivision plan approval shall be
denied, subject to the following:
(1) a period of three (3) years after the completion of a timber harvest if
the harvest results in the removal of all or substantially all regulated or
significant trees from the tract; or
(2) a period five (5) years after the completion of a timber harvest if the
harvest results in the removal of all or substantially all of the regulated
or significant trees from the tract if the harvest was a willful violation
of County regulations.
(B) This enforcement provision shall apply to the property and not to the owner.
Therefore, change of ownership does not alleviate the penalty for unauthorized
cutting of trees.
67A-4 Definitions:
Forest Management Plan – a document that defines a landowner’s forest management
objectives and describes specific measures to be taken to achieve those objectives. The
plan shall be prepared by a licensed forester and shall include silviculture practices that
both ensure optimal forest productivity and environmental protection of land. (NC
Division of Forest Resources and NC Cooperative Extension Service can provide
educational materials and lists of licensed foresters.)
Regulated trees – those trees of the size, species and location to be protected under the
development provisions of the Landscaping section of the ordinance 67B-3(1)(A) and
(B).
Significant Tree – Any hardwood tree or coniferous tree with a DBH equal to or greater
than 24 inches or any dogwood, American holly, or other flowering tree with a DBH
equal to or greater than 8” (See Article II, Section 23)
Timber Harvest – The felling, loading, and transportation of forest products, roundwood
or logs (Source: NC Division of Forest Resources)
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