Ordinance Database
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City: Wilmington
Contact Information:
- Mailing Address:
- Development Services
305 Chestnut Street
Wilmington, N.C. 28401 - Phone:
- 910-341-3258
- Fax:
- 910-341-7801
- 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:
- Development Services - City of Wilmington, North Carolina
- Wilmington, N.C. Code of Ordinances (Municode)
Indications:
- Zoning
- Charter exempts agricultural land, forestland or horticultural land as defined in N.C.G.S. 105-277.2 from tree removal requirements
- Forestry and agriculture not defined or listed as allowed uses within zoning ordinance
- Landscaping and tree preservation; Credit for preserved trees; Mitigation; No person, directly or indirectly, shall remove any tree from public or private property without first obtaining a tree removal permit from the city manager; A tree removal permit is required before any clearing; grading or other authorizations may be issued including soil and sedimentation control permits and building permits; All bona fide agricultural land use is exempt from this section; May not apply to any agricultural land, forestland or horticultural land as defined in N.C.G.S. 105-277.2 located in Wilmington or New Hanover County (See Session Law 1987-786)
- Penalties; Any person removing any tree in violation of Article 8, in addition to mitigation requirements, shall be subject to a civil penalty of four hundred dollars ($400.00) per tree or fifty dollars ($50.00) per inch diameter at breast height (DBH) of the tree, whichever is greater; Any person removing any regulated tree after notice of the requirements of Article 8 of this chapter shall be subject to a civil penalty of one thousand dollars ($1,000.00) per tree or one hundred dollars ($100.00) per inch DBH of the tree, whichever is greater
- Bona fide agricultural land use not defined
Citations:
All citations available through Municode unless otherwise indicated.
- Authority to enact ordinances to regulate removal of trees, Code of Ordinances, City of Wilmington, North Carolina, Part 3, Technical Codes, Subpart B, Related Laws, Article 11, Removal of Trees, Section 1(May not apply to agricultural land, forestland or horticultural land)
- Exemptions (bona fide agricultural land use), Code of Ordinances, City of Wilmington, North Carolina, Part 3, Technical Codes, Chapter 18, Article 8, Landscaping and Tree Preservation, Division 1, General, Section 18-449, Section (c)
- Permits Required, Landscaping and Buffering Standards, Code of Ordinances, City of Wilmington, North Carolina, Part 3, Technical Codes, Chapter 18, Article 8, Landscaping and Tree Preservation, Division 3, Tree Removal, Section 18-471
- Penalties and Remedies, Code of Ordinances, City of Wilmington, North Carolina, Part 3, Technical Codes, Chapter 18, Article 3, Enforcement and Review Procedures, Division 1, Enforcement, Section 18-52, Section (c)
- Exceptions, Article 2, Noise Control, Section 6-31(h) (Municode, May exempt agricultural equipment)
- New Hanover Tree Bill, Session Law 1987-786 (August 12, 1987)
-
[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:
Wilmington information last updated on December 3, 2009
County: New Hanover
Contact Information:
- Mailing Address:
-
New Hanover County Planning Department
230 Government Center Drive, Suite 150
Wilmington, N.C. 28403 - Phone:
- 910-798-7165
- Fax:
- 910-798-7053
- 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 Department - New Hanover County, North Carolina.
- Ordinances, Plans, and Reports - New Hanover County (Page contains links to ordinance documents)
- Zoning Ordinance- New Hanover County, North Carolina (Page contains link to ordinance document)
- Code of Ordinances, New Hanover County, North Carolina (Municode)
- Tree and Plant Materials for Landscaping - New Hanover County, North Carolina [PDF, 385kb]
Indications:
- Zoning; Bona fide farm purposes may be exempt from zoning ordinance
- RA Rural Agricultural District is established as a district in which the principal use of land is for low density single family residential purposes; Regulations of this district may encourage farming activities
- Bona fide farm not defined
- Forest management plan defined
- Table of permitted uses; Agricultural uses may be allowed in all districts except River Front Mixed Use (RFMU) District
- Agricultural uses not defined
- Tree retention requirements; 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; 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 asoutlined in section 67A-2.3; Properties may be exempt, which are use-valued for forestry or that have a forestry management plan prepared by a registered consulting forester; To qualify for exemption, a forestry management plan shall ensure the proper regeneration of forest stands to commercial levels after the harvest of timber
- Landscaping requirements; No person, directly or indirectly, shall remove any regulated tree from public or private property without first obtaining a tree removal permit from the County Zoning Administrator; Hardwood trees at least 8" DBH, all conifer trees at least 12" DBH, and all dogwoods and American hollies, larger than 4" DBH anywhere on the site shall be considered protected, and shall be preserved to the greatest extent practical and incorporated into required landscaping
- Landscaping and tree protection; Tree protection may not apply to agricultural land, forestland or horticultural land, as defined in N.C.G.S. 105-277.2, located in New Hanover County or municipalities in New Hanover County (See Session Law 1987-786)
- Conservation Overlay District may vegetation buffers
- Sand dune protection; Permit required for vegetation removal
Citations:
All citations are available through the New Hanover County website unless otherwise indicated.
- Jurisdiction (Bona fide farm purpose exemption), Zoning Ordinance of the County of New Hanover, North Carolina, Article 1, Section 11
- Agricultural Uses, Zoning Ordinance of the County of New Hanover, North Carolina, Article 5, District Regulations, Section 50-2, Tabulation of Permitted Uses, Agriculture, Forestry, and Fishing
- Rural Agricultural District RA, Zoning Ordinance of the County of New Hanover, North Carolina, Article 5, District Regulations, Section 59.5
- Vegetated Buffer Controls for Conservation, Zoning Ordinance of the County of New Hanover, North Carolina, Article 5, District Regulations, Section 59.4, Conservation Overlay District, Section 59.4-6
- Forest Management Plan, Zoning Ordinance of the County of New Hanover, North Carolina, Article 2, Definitions, Section 23, Definitions, Trees
- Tree Retention, Zoning Ordinance of the County of New Hanover, North Carolina, Article 6, Supplementary District Regulations, Section 67-A
- Landscaping, Zoning Ordinance of the County of New Hanover, North Carolina, Article 6, Section 67
- Prohibition of damage
to sand dunes, Code or Ordinances, New Hanover County, North Carolina , Chapter 59, Waterways, Article
2, Sand
Dune Protection, Section 59-36 (Municode)
- New Hanover Tree Bill, Session Law 1987-786, Chapter 786 (August 12, 1987)
-
[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:
New Hanover information last updated on February 15, 2010
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