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Pittsboro amends UDO tree-removal language from "shall" to "may" after debate
Summary
The Town Board approved a text amendment to section 5.8.1 of the Unified Development Ordinance, replacing the word "shall" with "may" in the provision concerning removal of "all or substantially all" of vegetation, following a debate between staff (who recommended flexibility) and a planning-board recommendation for stricter language.
The Board of Commissioners approved a zoning text amendment on Jan. 13 that changes specified language in the Unified Development Ordinance (UDO), section 5.8.1, replacing "shall" with "may" for the town—s new regulation on removal of "all or substantially all" vegetation.
Town staff, citing advice from the town attorney, recommended the text that uses the word "may" to allow case-by-case discretion in applying the new rule. Members of the planning board had recommended stronger mandatory language ("shall") to restrict clear-cutting and signal the town—s values regarding tree preservation.
During the public hearing and discussion, supporters of the "shall" language argued the town should make a clear statement discouraging large-scale removal of trees, while staff and others emphasized the need for flexibility in situations such as inheritance or other circumstances where strict application could cause undue hardship.
One commissioner said they would vote against the amendment on principle, but the motion carried on a voice vote; the chair recorded two opposing votes. The amendment was adopted as presented by staff.
Ending: The change standardizes the UDO language to match the town attorney—s recommendation and gives staff and the board discretionary authority to evaluate substantial vegetation removal on a case-by-case basis.
