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Opposition To State Control Of City Tree Regulations Takes Root

By J. Elias O'Neal, posted May 13, 2014
Surrounded by towering pines and lush green lawns at Wilmington’s Halyburton Park, regional civic leaders had one resounding message Tuesday to state lawmakers: keep your hands off our trees.
 
“We are the local government,” said Shallotte Mayor Walter Eccard. “It is ironic that those who rail against directions from other governments feel very free to oppose, without hearing and without consideration, restriction on government that is closest to the people.” 
 
And he’s not alone.
 
During press conference, local government officials from Burgaw, Wrightsville Beach, Wilmington and New Hanover County spoke out against an April 30 draft bill that could gut municipalities’ rights to enact ordinances regulating trees within their respective jurisdictions. The bill would also weaken local governments’ ability to regulate fertilizer.
 
The bill, in its infancy, is now headed to Wednesday’s short session of the N.C. General Assembly – a move that troubles a number of municipalities, considering many were not asked for input regarding the bill’s rapid development in Raleigh.
 
A number of large N.C. cities, including Raleigh, Charlotte and Durham are opposed to the bill.

The Wilmington City Council is set to vote on a resolution at its May 20 meeting opposing the legislation.
 
N.C. Agriculture and Forestry Awareness Study Commission co-chairs – N.C. Sens. Brent Jackson, R-Sampson; and Andrew Brock, R-Davie – could not be reached for comment Tuesday afternoon.
 
Trees have long been a contentious part of growth and development between municipalities and builders across the state and region.  
 
Cameron Moore, executive officer of Wilmington-Cape Fear Homebuilders Association (WCFHBA) and CEO of Business Alliance for a Sound Economy (BASE), said in an emailed statement Tuesday that his division will be monitoring the draft legislation during the short session. 
 
Moore said while he recognizes the importance of trees, and their value to the region, he also realizes that some city tree ordinances across the state have become “overbearing and restrictive,” and could “actually conflict with the local governments’ own rules and regulations.”  
But civic leaders, however, said they have worked hard to find a balance that makes tree conservation and development suitable for all parties.  
 
“This act came without warning or input from local government,” said Wilmington Mayor Bill Saffo. “The city of Wilmington has locally enacted ordinances to protect trees, and encourage developers to maintain trees, or plant new trees if trees are removed during construction.”
 
Saffo said the current proposal could uproot and disrupt a long-standing balance between tree preservation and development across the Port City.
 
“The proposal brought forward could significantly impact our land development code, and strip the authority of cities and counties across North Carolina to have such ordinances and safeguards in place,” Saffo said.  “Wilmington’s ordinances allow us to work hand-in-hand with the development community to not only protect trees, but to also incentivize developers to maintain trees, and/or plant new trees.”
 
Civic leaders present have long said trees add a beautification and environmental element to the region – particularly with stormwater filtration in a coastal ecosystem.
 
Rebekah Roth, Burgaw planning administrator, said tree protection has been very important to Burgaw since its founding in 1878. She said upon drafting its tree ordinance, town officials made sure to seek input from residents, land owners and developers. 
 
“We’ve invested heavily trying to both recreate and maintain tree cover in our town for the past four years,” Roth said. “We worked on this tree ordinance going through two town advisory boards, we had several public meetings and a public hearing, and we worked hard to balance the interest of private property rights with the help of the community as a whole. We just urge our local delegation to talk with local governments prior to making a decision on this proposed legislation to find out reasons why we have these types of ordinances, the need for these types of ordinances and to make sure the proposed legislation is in the interest of all the citizens of this region.”
 
Wilmington Councilman Kevin O’Grady put the General Assembly’s approach to consider such legislation more bluntly.
 
“The issue is control,” O’Grady said. “This is an effort of having central government control, rather than citizen control. Local government is the government that is closest to the citizen; we drive down the same roads, we pass the same properties, we walk by the same trees, we stand on the grocery line next to the people who elect us. We’re the closest to the people, we should be making the decisions for the community, not the central government. That’s what we’re seeing in Raleigh, and that’s where we have to draw the line.”
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