Trees and Local Regulations in North Carolina

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Ordinance Database

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City: Raleigh

Contact Information:

Mailing Address:

City of Raleigh Inspections Department
P.O. Box 590
Raleigh, N.C.  27602

Phone:

919-516-2547

Fax:

None

Email:

None

Important Reminder: Please also refer to the State and Federal Laws and Regulations sections of this website for additional information on statutes and regulations that may also apply to your city and county jurisdiction.

Links:

• Zoning - City of Raleigh
• Planning - City of Raleigh
• User's Manual for TC-7-04 An Ordinance To Conserve Trees in the City of Raleigh, North Carolina, [PDF, 3.4MB--Large Download]
• Tree Conservation - City of Raleigh
• Code of Ordinances, City of Raleigh, North Carolina (Municode)

Indications:

• Zoning, AP, Agricultural Productive (AP) district may allow for forestry
• Forestry may be allowed as a conditional use in all districts if a tree conservation permit is obtained; Building permit approval may be witheld if cutting of trees is done in anticipation of development and without approval; See Part 10, Chapter 6, Article C, Enforcement Provisions, Section 10-6035, (j); For any tree disturbing activity, except minor activity, forestry general is allowed in the perimeter buffers, with a tree conservation permit, provided that the landowners shall first record with the local County Register of Deeds a covenant running with and binding the land stating: "That forestry general operations were initiated within regulated perimeter buffers of the real property on _________ (date and year), and that pursuant to State Law, no building permit, site plan , or subdivision plan will be approved by the local governing authority for a period of five (5) years following harvesting (See Also Session Law 2003-128)
• Special Highway Overlay District; Restrictions on tree clearing
• Forestry defined
• Agriculture general and restricted defined; Includes raising and harvesting of trees but excludes forestry
• Table of permitted uses
• Landscaping regulations; Tree conservation on private property
• Trees and vegetation; Protection of street trees and trees in public right-of-ways
• Soil erosion and sedimentation control; Land-disturbing activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with Forest Practice Guidelines Related to Water Quality may be exempt
• Floodway protection
• Watershed protection
• Street tree protection (See Part 9, Chapter 8 in Code of Ordinances)

Citations:

All links go to Municode unless otherwise indicated.

• An Ordinance to Conserve Trees, TC-7-04, Ordinance Number(2005) 762TC 264, [PDF, 133kb] (City of Raleigh website)
  
  
• Agricultural Productive (AP) District, Part 10, Chapter 2, Article C, Section 10-2031
  
  
• Forestry, general; Minor tree removal activity; Agriculture - general, Agriculture - restricted, Part 10, Chapter 2, Article A, Section 10-2002, Definitions
  
  
• Schedule of Permitted Land Uses in Zoning Districts, Part 10, Chapter 2, Article D, Section 10-2071, [JPEG, 285kb]
  
  
• Landscaping Regulations, Part 10, Chapter 2, Article E, Sections 10-2082 through 10-2082.14
  
  
• Reservoir Watershed Protection Area Overlay District, Part 10, Chapter 2, Article C, Section 10-2056
  
  
• Special Highway Overlay District (SHOD), Part 10, Chapter 2, Article C, Section 10-2058
  
  
• Floodway areas-Permitted Uses, Part 10, Chapter 4, Section 10-4006
  
  
• Scope and Exclusions - Stormwater Control and Watercourse Buffer Regulations, Part 10, Chapter 9, Article A, Section 10-9003
  
  
• Definitions., Forestry., Soil Erosion and Sedimentation Control, Part 10, Chapter 5, Section 10-5003
  
  
• Scope and exclusions., Soil Erosion and Sedimentation Control, Part 10, Chapter 5, Section 10-5004
  
  
• Trees and Vegetation, Part 9, Chapter 8
  
  
• Landscaping Regulations, Part 10, Chapter 2, Article E, Supplementary Regulations, Section 10-2082 through 10-2082.14
  
  
• Noise, Part 12, Chapter 5
  
  
• Limitations on Issuance of Permits, Part 10, Chapter 6, Article C, Enforcement Provisions, Section 10-6035, (j)
  
  
• Noise, Part 12, Chapter 5
  
  
• Raleigh/Asheville Tree Ordinances, Session Law 1985-556 (July 2, 1985)
  
  
• Limit Clearcutting of Trees, Session Law 2001-191 (June 12, 2001)
  
  
• Raleigh, Rutherfordton, Wake Limit Clearcutting, Session Law 2003-128 (June 2, 2003, North Carolina General Assembly website)
  
  
• 2003 Technical Corrections Act, Session Law 2004-203, Section 71 (August 17, 2004, North Carolina General Assembly website)

• [Session Law 2005-447 applies to all municipalities and counties in North Carolina.]
  An Act to Clarify the Role of Counties and Cities in Regulating Certain Forestry Activities, Session Law 2005-447 (September 29, 2005)

Last Updated:

Raleigh information last updated on December 3, 2009

County: Wake

Contact Information:

Mailing Address:

Wake County Planning Department
P.O. Box 550
Raleigh, N.C. 27602

Phone:

919-856-6310

Fax:

919-856-6184

Email:

None

Important Reminder: Please also refer to the State and Federal Laws and Regulations sections of this website for additional information on statutes and regulations that may also apply to your city and county jurisdiction.

Links:

• Planning - Wake County
• Unified Development Ordinance of Wake County, North Carolina (Page contains links to ordinance documents)
• Wake County, North Carolina Code of Ordinances (AmLegal)
• Rules and Regulations - Wake County (Page contains links to ordinance documents)

Indications:

• Zoning; Bona fide farm purposes may be exempt from county zoning
• Bona fide farm defined by Wake County as the use of one or more tracts of land for farming, other than large swine farms (i.e., those that include
  more than 250 animal units)
• Forestry not defined
• RCOD -2 Resource Conservation Overlay District; Bona fide farms, including land held for forestry practices, may be exempt from the provisions covering this
  district provided that farming constitutes the primary use of the property
• Table of permitted uses; Forestry may be permitted as of right in all districts except Research Applications (RA) district
• Tree protection; Removal of trees as part of normal forestry activities on property taxed under the present-use value standard or conducted pursuant to a forestry management plan prepared or approved by a forester registered pursuant to NCGS Chapter 89B may be exempt (See also Session Law 2003-128); Tree protection during construction; Replacement of protected trees may be required
• Erosion and Sedimentation Control/Neuse Riparian Buffers; Selective cutting and certain silvicultural practices may be allowed (See Article 10, Section 10-22)
• Water Supply Watershed Buffers; Silvicultural activities, subject to the provisions of the Forest Practices Guidelines
  Related to Water Quality (15 NCAC 1I .0101-.0209), may be allowed (See Articles 11 and 3)
• Flood hazard areas; Forestry may be allowed without a permit

Citations:

All citations available through Wake County website unless otherwise indicated.

• Exemption for Bona Fide Farms, Unified Development Ordinance of Wake County, North Carolina, Article 1, General Provisions, Section 1-15
  
  
• Bona fide farm, Unified Development Ordinance of Wake County, North Carolina, Article 21, Definitions and Measurement, Section 21-11, Definitions
  
  
• Requirements for forestry activities, Unified Development Ordinance of Wake County, North Carolina, Article 3, Section 3-20, Residential Watershed Districts, Section 3-20-5, Other Watershed District-Related Regulations, Section E
  
  
• Forestry and husbandry activities that eliminate diseased, infected or damaged timber or nuisance vegetation, Unified Development Ordinance of Wake County, North Carolina, Article 3, Zoning Districts, Section 3-72, Resource Conservation Overlay District 1 (RCOD-1), Section 3-72-3, Other District-Specific Regulations, Section D, Drainage way buffers, Section (6)
  
  
• Uses Exempted (Exemption for bona fide farm purposes including forestry), Unified Development Ordinance of Wake County, North Carolina, Article 3, Zoning Districts, Section 3-73, Resource Conservation Overlay District 2 (RCOD-2), Section 3-73-5
  
  
• Forestry, Unified Development Ordinance of Wake County, North Carolina, Article 4, Use Regulations, Part 1, Use Table, Section 4-11, Use Table, Other Use Group
  
  
• Requirements for forestry activities, Unified Development Ordinance of Wake County, North Carolina, Article 3, Zoning Districts, Section 3-74, Water Supply Watershed Overlay District (WSO), Section 3-74-8, Other District Specific Regulations, Section C
  
  
• Forestry, Unified Development Ordinance of Wake County, North Carolina, Article 4, Use Regulations, Part 2, Use Classifications, Section 4-25, Other Use Groups, Section 4-25-4
  
  
• Conserve productive farming and forestry uses, Unified Development Ordinance of Wake County, North Carolina, Article 5, Lot and Building Standards, Section 5-12, Cluster and Open Space Development, Section 5-12-2, B
  
  
• Retention of productive farmland or forestland for continued agricultural and/or forestry use, Unified Development Ordinance of Wake County, North Carolina, Article 5, Lot and Building Standards, Section 5-12, Cluster and Open Space Development, Section 5-12-7, General Requirements, Section C, Open Space, Section 2, Use, Location, Design, Section (a), Section v.
  
  
• Forestland Activities, Unified Development Ordinance of Wake County, North Carolina, Article 10, Erosion and Sedimentation Control, Section 10-13, Applicability, Section 10-13-2, Exemptions, Section (B)
  
  
• Stream crossings associated with timber harvesting, Unified Development Ordinance of Wake County, North Carolina, Article 10, Erosion and Sedimentation Control, Section 10-20, Special Neuse River Regulations, Section 10-20-2, B, 8
  
  
• Practices and activities allowed in Zone 1, Article 10, Erosion and Sedimentation Control, Section 10-20, Special Neuse River Regulations, Section 10-20-3, A, 2
  
  
• Practices and activities allowed in Zone 2, Article 10, Erosion and Sedimentation Control, Section 10-20, Special Neuse River Regulations, Section 10-20-3, B, 2
  
  
• Timber removal and skidding of trees, Article 10, Erosion and Sedimentation Control, Section 10-20, Special Neuse River Regulations, Section 10-20-3, B, 4
  
  
• Environmental Standards, Unified Development Ordinance of Wake County, North Carolina, Article 11 (Neuse Riparian Buffers, Water Supply Watershed Buffers, Special Watershed Areas)
  
  
• Vegetation management, Unified Development Ordinance of Wake County, North Carolina, Article 11, Section 11-22, Activities allowed within buffers, Section 11-22-2, Activities Allowed within Buffers, Section R
  
  
• Uses Permitted in Floodways and Non-Encroachment Areas, Unified Development Ordinance of Wake County, North Carolina, Article 14, Floodways and Non-Encroachment Areas, Section 14-19, Section 14-19-2
  
  
• Uses permitted, Unified Development Ordinance of Wake County, North Carolina, Article 14, Flood Hazard Soil Areas, Section 14-20, Floodway Fringe, Section 14-20-1
  
  
• Uses allowed without a permit, Unified Development Ordinance of Wake County, North Carolina, Article 14, Flood Hazard Areas, Section 14-22, Section 14-22-1
  
  
• Exemptions, Unified Development Ordinance of Wake County, North
  Carolina, Article 16, Landscaping and Tree Protection, Section 16-12, Tree Protection, Section 16-12-3, Section E
  
  
• Forestry, Unified Development Ordinance of Wake County, North Carolina, Article 19, Section 19-42, Permits, Section 19-42-1, C, Exemptions, 2
  
  
• Neuse Agricultural Rule, [PDF, 40kb]
  
  
• Neuse Buffer Rule , [PDF, 83kb]
  
  
• Neuse Nutrient Rule , [PDF, 12kb]
  
  
• Limit Clearcutting of Trees, Session Law 2001-191 (June 12, 2001)
  
  
• Raleigh, Rutherfordton, Wake Limit Clearcutting, Session Law 2003-128 (June 2, 2003)
  
  
• 2003 Technical Corrections Act, Session Law 2004-203, Section 71 (August 17, 2004)

• [Session Law 2005-447 applies to all municipalities and counties in North Carolina.]
  An Act to Clarify the Role of Counties and Cities in Regulating Certain Forestry Activities, Session Law 2005-447 (September 29, 2005)

Last Updated:

Wake information last updated on September 9, 2009

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