Sunday, July 15, 2007


Jul. 15, 2007 (McClatchy-Tribune Regional News delivered by Newstex) --
As the area builds up with new homes and retail centers, local leaders are tasked with a balancing act of protecting the native trees and the rights of builders to develop the land.

Most towns in Horry, Georgetown and Brunswick, N.C., counties have laws that protect a few types of trees from timber cutting saws, but some officials are going a step further to strengthen their ordinances to ensure newly developed land will have trees.

The typical ordinance protecting trees is a landscaping law that requires developers to plant shrubs and trees after they complete a development. That law is the easiest for local towns, especially those with smaller staffs, to enforce, officials said.

Punishment for violating the ordinances range from fines to forcing a developer to replant trees that are similar in size and species to those removed from the land.

Some towns, however, have no tree laws at all: Atlantic Beach, Andrews, Aynor and Pawleys Island do not have tree protection ordinances, according to a survey by the Strom Thurmond Institute at Clemson University.

Still, the statewide landscape looks good, says at least one expert.

'I think we have a good number of cities in the state who protect their trees, but we have a higher number of requirements for landscaping and to put it back,' said Howard Duvall, executive director of the Municipal Association of South Carolina, of cities with landscaping guidelines that require a developer to replace any trees he or she cuts down.

In Conway, where live oaks have shaped the town's identity, city staff have worked for months rewriting the city's 1999 tree ordinance to close gaps regarding clear-cutting and replanting.

City Planner Karen Godin and town arborist Wanda Lilly said Thursday they hope to present the new draft of the ordinance to the city council by September.

'We're trying to find the things that would work for us but keep it simple and easy to understand,' Godin said after noting they had reviewed ordinances from Hilton Head Island, a tree conservation city, Georgetown, Bluffton, Beaufort and some in other states. 'We tried to find the middle point for what's right for Conway. The big issue we're being faced with is the residential growth and the commercial growth that wasn't happening in 1999, when the current ordinance was written.'

Earlier this year, Conway officials hired Lilly as the city's full-time arborist, which enhances the city's history as a 22-year member of the Tree City USA program.

'We tried to find a good balance between development and preservation,' Lilly said of the newly rewritten ordinance.

The live oak trees in Conway are considered prize possessions and have been so staunchly guarded that residents protected them with shotguns and roads were constructed around the species. Trees divert traffic at Seventh Avenue near Beaty Street, Sixth Avenue near Elm Street and Elm Street and Fifth Avenue.

'One of the first things you think of when you think of Conway is the trees, if it's not the river or the downtown,' Godin said. 'I would say that's part of the identity of Conway, is the trees and the live oaks.'

Like Conway, officials in Brunswick County, N.C., have added protection to native trees by modifying their unified development ordinance in May to strengthen their heritage tree program, said Planning Director Leslie Bell. Red buds, dogwoods, American holly and live oaks are protected. Officials also are giving developers credit for leaving trees in place, he said.

'I think there's an interest in maintaining the native tree species that are here,' Bell said. 'In many of these developments, it helps create the character of the development.'

Margot Christensen with the N.C. League of Municipalities said many officials look to the towns of Cary and Chapel Hill for model tree ordinances.

Even with model tree-protection laws, local town officials said, the rules must be modified and changed as the community develops or must be flexible for a certain plot of land.

'As part of the [Community Appearance Board] review they may ask that you turn the building a certain way to save some native trees. We understand you can't save every tree; that's not possible, but you can save many of them, particularly those that are large and desirable,' said Mark Kruea, spokesman for the city of Myrtle Beach, where officials review the city's tree ordinance annually. The city also protects many indigenous trees and landmark trees, which are only allowed to be removed in limited circumstances, Kruea said.

'If you are allowed to remove trees, you may have to mitigate those by planting additional trees,' Kruea said. 'It's illegal to cut, damage or destroy any protected tree without first obtaining a permit for those trees. In general, we take very good care of our trees. People who run afoul are going to hear from our code enforcement staff.'

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At a glance
According to a study by the Strom Thurmond Institute of tree ordinances by municipalities and information from local towns, here is a breakdown of local tree protection laws:

Atlantic Beach -- no ordinance

Andrews -- no ordinance

Aynor -- no ordinance

Briarcliffe Acres -- tree protection ordinance

Brunswick County, N.C. -- unified development ordinance with heritage tree protection

Conway -- tree protection, street trees and landscape ordinances

Georgetown -- tree protection and street trees ordinances

Horry County -- tree protection and landscaping ordinances

Loris -- tree protection ordinance

Myrtle Beach -- tree protection and landscaping ordinances

North Myrtle Beach -- tree protection ordinance

Surfside Beach -- tree protection ordinance

Contact TONYA ROOT at 397-7962 or  troot@thesunnews.com.

Newstex ID: KRTB-0119-18142210


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