Talkin’ Code with Andrew Getty

Tree removal: Good stewardship at heart of all timber laws

A few years ago—October 9th, 2007, to be exact—the Town of Webb adopted a rather comprehensive amendment to the Local Zoning Ordinance.

The procedures of review for a Conditional Use Permit were revised.

A Conditional Use is a particular use or activity that is almost approvable with just the Code Officer’s approval.

That means the activity is not prohibited, but is worthy of due Public Notice and review and approval of the Planning Board.

In the 2007 revision, a number of issues were identified as outdated and then re-written.

There were also a number of issues that were included for the first time; things like:

• Adult Entertainment Establishments;

• Convenience store with gasoline sales;

• Home Occupations;

• RV vehicle parking and use on vacant lots;

• Telecommunication Facilities;

• Tree Preservation and Land-scaping;

• Wind Power Generating Facilities.

A number of definitions were added or amended, as well.

All of these are typical “hot-topics” in most municipalities, not only in the Adirondack Park, but around the state.

But there is one that may stand out as being substantial, especially for the Adirondacks.

That is Tree Preservation.

Trees are one of our two most valued natural resources, the other being our water.

Certainly the harvesting of trees has been a substantial industry in the Adirondacks for well over one hundred years.

Many stories have been derived from the logging camps and practices of years gone by.

Today’s logging industry is heavily regulated because of poor harvesting practices of years ago.

Hopefully the lessons learned from those years past will better ensure the integrity of our forests of the future.

Back to the Zoning Ordinance amendment that included Tree Preservation…

Why did the Town of Webb feel it was needed to draft local legislation to regulate tree cutting?

Unfortunately, just like so many other rules and regulations, there have been a number of events that prompted action.

These events include the harvesting of trees, clear cutting parcels of land without any plan in place to re-plant, provide erosion control, redevelop, prevent sediment from getting into waterways or any other kind of mitigation whatsoever.

This type of activity strikes at the heart of good stewardship of our natural resources.

There have been certain activities involving clear cutting of shoreline properties, mountain top lands, large acreage parcels or just the small half acre lots.

Each of these has different potential impacts on the environment and may have direct impacts on adjoining seasonal or more densely populated residential areas.

Here is a portion of the language of the new Tree Preservation regulation:

REGULATED AREA:

0–1 acre…….50%

1–3 acres…..20%

Over 3 acres….Planning Board approval required with the following exceptions:

1. Trees may be cleared within twenty (20) feet of any principal structure, and within five (5) feet of any accessory structure.

2. Trees may be cleared within five (5) feet of any roadway, driveway, or path to the main structure.

The whole intent of this is to prevent removal of trees, especially clear cutting of any land, allow uncontrolled logging that may impact surrounding properties, neighborhoods, lakes, rivers, the environment or the community in general.

It is not intended to prevent the lawful, regulated, reviewed and approved logging practices currently in operation in wild forest areas.

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