WILMINGTON — The recent issuance and subsequent lifting of a stop-work order at The Haven at Galleria, prompted by the removal of several oak trees, has brought renewed attention to Wilmington’s ongoing efforts in tree preservation.
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This incident, while specific to one development, underscores the complexities of Wilmington’s tree ordinance and its ongoing evolution. As the city grapples with rapid growth and a shrinking tree canopy, its updated land development code aims for stronger environmental safeguards.
However, older “legacy projects” like The Haven at Galleria operate under previous, less strict rules, creating tension between past approvals and current environmental goals.
The Haven at Galleria, a development by South Carolina-based Johnson Development Associates, was issued a stop-work order on June 6, due to discrepancies identified by city staff between trees removed and those shown on the original approved tree survey.
The city confirmed the order was removed on June 11 after the developer worked with city staff to revise the original tree survey for the site and submit an updated mitigation plan that accurately reflects the full scope of tree removals.
On the same day the stop-work order was lifted, the developer applied for a city permit to remove a 17-inch and a 28-inch oak tree. These trees were described as leaning sideways, having exposed root balls, and resting on other trees slated for removal.
The original approval for tree removal at The Haven at Galleria site specifically permitted the cutting of seven oak trees — two 15-inch and five 22-inch diameter at breast height (DBH) — along Wrightsville Avenue. The removal was for essential infrastructure, including underground gas and sanitary sewer lines and new sidewalk alignment. The site plan, last updated on April 21, indicated the removal of a broader range of trees including:
- Regulated pine: 30 trees (12″ to 29″ diameter)
- Regulated oak: 28 trees (9″ to 23″ diameter)
- Regulated magnolia: 2 trees (4″ and 12″ diameter)
- Regulated sycamore: 4 trees (10″ to 16″ diameter)
- Regulated gum: 3 trees (8″ and 12″ diameter)
- Significant oak: One 17″/19″ double-trunk oak.
The sight of large oak trees being felled along Wrightsville Avenue at the Galleria development site ignited strong reactions from nearby residents and Wilmington Councilman Luke Waddell, who publicly expressed his “disappointment and frankly, infuriating” sentiments on social media.
“This project predates my time on City Council and the news of those trees being cut down caught me off guard — seeing them abruptly hacked down along one of the more beautiful Wilmington thoroughfares made me angry, really no other way to say it,” Waddell wrote to Port City Daily. “We could’ve saved those trees, relocated them to other parts of the property or the City for that matter.”
This isn’t the first time the Galleria site, an 18-acre property slated for 527 residential units, has faced scrutiny over tree removal. In 2013, previous site owner and developer State Street Companies was fined $13,000 for unauthorized live oak removal, though penalties were later dropped for a tree-planting agreement.
The property has a complex history of development disputes, including a rejected de-annexation attempt from Wrightsville Beach in 2013 and a $37.5 million sale in 2022 to Johnson Development Associates after traffic analysis challenges, primarily stemming from disagreements with the City of Wilmington. Construction on the mixed-use project is anticipated to begin in phases starting in 2025 and ending in 2027.
The Haven at Galleria project was initially reviewed and approved by city staff in 2020, under the former, outdated land development code. Because the Galleria project was approved under the previous code, newer protections, such as the specimen tree designation, do not apply retroactively. The developer is legally allowed to complete that project according to the rules in place at the time of their original approval.
Recognizing issues with legacy projects like The Haven at Galleria, Waddell called for proactive steps.
“At a minimum, staff should review outstanding legacy projects to see what potential tree removals may have been approved or be forthcoming,” Waddell wrote. “If similar circumstances arise, the City should be prepared to spade/move trees funded by our tree mitigation fund and the developer should consider contributing to that cost — though they would not be required to under rights vested with previous code.”
The City of Wilmington’s tree ordinance, part of its broader land development code, underwent its first significant overhaul in over 40 years in 2021. As Wilmington grew, its previous code proved inadequate for managing rapid development and protecting trees. A shrinking tree canopy prompted the update, aiming for stronger environmental safeguards.
Wilmington’s current land development code classifies and regulates trees based on species, ecological or cultural significance, and size, defined by DBH.
A significant change to the code was the introduction of a specimen tree category. Specimen trees are defined as healthy, high-value trees protected due to their ecological, cultural, or visual significance. These include:
- Live oaks 36 inches DBH or greater
- Other species with a trunk DBH of 24 inches or more
- Holly or magnolia species with a trunk DBH of 12 inches or more. Additionally, trees can be designated as specimens if officially recognized by forestry associations or if they provide unique habitat for federally protected wildlife.
Regulated trees are smaller trees of common species like dogwood or smaller pines which meet a minimum DBH. Trees are considered non-regulated if they don’t meet the minimum DBH thresholds, are located on residential lots under 1 acre and outside of specific protected areas like conservation setbacks or historic districts, or if they are identified as invasive or significantly dead/diseased. Non-regulated trees do not need a permit for removal.
When the city approves tree removal, mitigation is required. The amount and type of mitigation depends on the tree’s classification, as outlined in the land development code:
- Specimen and significant trees: A 2-for-1 replacement is required, meaning for every inch of tree removed, two inches of new trees must be planted. The replacement amount is calculated by multiplying the removed tree’s DBH by two, then by a specific percentage based on species listed in the code, and finally dividing by three. New trees must be planted on-site, or an equivalent payment must be made to the city’s tree fund.
- Regulated trees: If regulated trees are removed, replacement is also required. The number of replacement trees is determined by multiplying the removed trees’ total DBH by a specific percentage based on species listed in the code, then dividing by three.
Each new tree needs at least 144 square feet of permeable ground space to grow. If the City Manager decides there isn’t enough space on a site for all the required new trees, the developer can pay money into the city’s tree fund for the remaining trees.
Wilmington recently utilized the tree fund, awarding its largest tree-planting contract to Thorpe Landscaping on February 4, for $382,635. The contract was for the planting of more than 400 trees across the city. Of the total cost, $97,335 came from the Parks and Recreation Department’s landscaping operating budget, while $285,300 was funded by tree mitigation fees.
For mitigation at the Galleria site, Johnson Development Associates has committed to a 300 tree replanting effort. The first phase will include 205 canopy trees, including native canopy species such as Southern Live Oaks, Darlington Oaks, Cypress, Southern Magnolias, and River Birch.
Southern live oaks feature prominently in the design, including: Two 6-inch caliper Southern live oaks facing Wrightsville Avenue; three 7-inch caliper Southern live oaks at the Galleria Boulevard entrance; and 22 5-inch caliper Southern live oaks, many serving as new street trees along Steadman Street.
However, environmental advocates like Alliance for Cape Fear Trees Board Vice President Laura McCabe, argue that replanting young trees cannot fully replace a mature canopy.
“Replacing healthy, mature native trees with immature saplings — regardless of planting quantity — is not an equal trade,” McCabe wrote in a public statement. “It’s like bulldozing a historic building and offering a blueprint in return.”
Waddell echoed this sentiment, emphasizing the quality of trees replanted matters.
“For approved re-planting plans, we should look at what will be re-planted: a crepe myrtle is not a legitimate replacement for a mature live oak – this is common sense,” Waddell wrote.
Developers operating within Wilmington must comply with both the county and city’s sets of land development codes. However, the city’s tree codes take precedence for tree-specific requirements on properties within city limits.
For developments within the city’s borders, New Hanover County issues land disturbance permits for erosion and sediment control and all building permits for construction, electrical, and plumbing. On the other hand, the city handles zoning, land use approvals, and specific development standards including tree removal permits, stormwater permits, and right-of-way permits.
For the unincorporated areas, New Hanover County’s unified development ordinance governs tree preservation and landscaping. It requires permits for regulated trees and land-disturbing activity over 1 acre, with enforcement including permit denials and mandatory mitigation for unpermitted removals. According to New Hanover County Planning Director Rebekah Roth, county staff are exploring a new requirement for developments to maintain a certain percentage of tree canopy, either by saving existing trees or planting new ones.
According to Wilmington’s urban tree canopy report, tree cover city-wide dropped 7% from 48% in 2016 to 41% in 2020.
“We understand development is inevitable, but it must be responsible, sustainable, and collaborative,” said Margee Herring, ACFT Board President. “We’re grateful that Wilmington’s updated codes now offer stronger protections for trees. Still, we urge developers with grandfathered plans to rise to today’s higher standards — not just because they have to, but because our community and environment deserve nothing less.”
Have tips or suggestions for Charlie Fossen? Email charlie@localdailymedia.com
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