Monday, November 11, 2024

‘Major win’: Oak Island tightens tree protection rules

Oak Island Town Council passed new rules to protect heritage trees at the Jan. 17 meeting. (Courtesy Port City Daily)

OAK ISLAND — After more than a year of deliberations, a Brunswick beach town is introducing new measures to protect its trees.

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“The destruction on the island has been through wanton development,” Oak Island Mayor Pro Tem John Bach said at the Jan. 17 council meeting. “And this at least brings that to a screeching halt.”

The Oak Island Town Council unanimously approved a motion to amend Chapter 32 of the town’s ordinances, changing the definition of heritage trees — which refers to a tree considered particularly valuable for its rarity, age or size. It has shifted from encompassing 30-inch diameter trees to 15-inch diameter trees, meaning a significantly higher number of trees will require a permit for removal. 

Other changes include mandating the preservation of trees by one inch diameter at breast height — a measuring standard used by foresters — per 300 square feet of lot area. It also designates the town forester to determine potentially hazardous trees, which have structural defects making them likely to fall.

Other possible changes could come to future meetings, council agreed, including regulation on other forms of vegetation across the island.

A motion was raised to make the rules retroactive to permits issued before the new rules; Bach noted it would likely lead to litigation. Council instead agreed to work on an incentive-based strategy to encourage developers and homeowners to plant and preserve trees.

Council member Bill Craft described the heritage tree change as the most significant aspect of the discussion and a “major win” impacting future development. The rules go into effect March 15.

The decision comes four months after a contentious September planning board discussion on the issue. The board decided to wait until completion of a tree canopy study conducted by urban forestry consulting firm PlanIT Geo before making changes. The study — financed through $4,907 in matching funds to a grant from the North Carolina Forest Service — was presented at the Nov. 14 council meeting.

From 2014 to 2022, the study analyzed tree canopy data — defined as the percentage of tree canopy coverage for the town’s total land. It found the town’s 12,000 acres had 7,093 acres of tree canopy cover, or 59%, and 2,736 acres of possible planting area, another 23% of the town’s land. The remaining 18% was deemed unsuitable for further vegetation without land modification.

Canopy cover increased from 50% in 2014 to 59% in 2022 due to regenerative growth of pre-existing forest patches.

However, the study differentiated between the town’s mainland, predominantly forested with 84% cover, and the more densely developed island, with only 31% coverage. It noted the town’s high percentage of total canopy cover is largely attributable to the undeveloped mainland.

The study also marked a clear tree canopy difference in low density and medium density residential districts. Low-density districts experienced a 20% increase over the eight-year period, versus higher density areas, which underwent an 11% decrease. 

The State Port Pilot reported Bach took issue with some aspects of the canopy study at the November meeting; he argued it failed to determine the cause of deforestation on the island, potentially the result of development or natural causes like hurricanes. 

While the study recommended prioritizing tree preservation in future residential areas, Bach noted it did not include projections of future deforestation in large areas in the town set for development. Bach raised similar concerns at the January meeting and called to ensure staff had sufficient resources to enforce new rules.

“Someone mentioned the canopy report, that was like a five-alarm fire,” he said. “I mean, you read that report and you think about it for a moment and trees are being destroyed on the island — and the only reason our score is good is because of the mainland, which is undeveloped but shortly to be clear-cut.”

Arguments over the balance of development and environmental preservation also surfaced at the September planning board meeting. Council member Terri Cartner — chair of the planning board at the time, before being elected to council in November — clashed with town forester Rick Patterson after he proposed new changes to the ordinance. 

Cartner explained a stakeholder working group, including developers, members of the planning board, and an environmental advisory committee, had already worked for months to craft proposed amendments on the ordinance. 

She described it as a “dangerous precedent” and  “disrespectful at best” to bring forward additional changes to the proposal. 

Alternatively, Patterson argued the working group’s document was “unworkable” and “riddled with mistakes.”

The forester stated he had originally requested changes to the town’s vegetation policy in 2022 because the current ordinance caused the premature death of numerous trees and allowed excessive growth in some areas; he asserted the working group’s proposal failed to address those concerns by providing insufficient heritage tree protection and instruction to developers.

According to the EPA, trees help to reduce erosion and absorb stormwater runoff. Research has also shown urban forests provide physical and mental health benefits to citizens.

“We can’t undo the damage that’s been done,” council member Bob Ciullo said at the meeting. “We would love to, we wish we could turn back the clock but unfortunately that doesn’t work. But we sure can stop.”


Tips or comments? Email journalist Peter Castagno at peter@localdailymedia.com.

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