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Wilmington staff outline possible tree-ordinance changes, cite canopy losses and new protections
Summary
City planners reviewed a package of possible amendments to Wilmington’s tree regulations including larger critical-root-zone protections, expanded specimen categories and higher mitigation multipliers; staff said some discrete changes could be proposed for commission review in May.
Linda Painter, director of planning and development, told the Wilmington Tree Commission on April 22 that staff are drafting possible changes to the city’s tree ordinance to strengthen protections for public trees while balancing development needs.
Painter said the city adopted an Urban Forestry Master Plan in July 2023 and has planted about 1,300 new street trees since 2020. She reported canopy estimates fell from about 48.1% before recent hurricanes to roughly 41.4% post-storms and noted that newly planted trees may not yet register in canopy imagery until they reach several years of growth. "We are planting trees. We've done about 1,300 new street trees since 2020," Painter said.
Why it matters: staff framed the work as an effort to slow canopy loss and increase long-term tree survival while recognizing legal and practical constraints. Painter described multiple potential changes including expanded protections for certain trees, higher mitigation requirements for removed trees, and clearer planting and soil standards to improve survival.
Key proposals and clarifications
- Mitigation: Painter said the city has increased mitigation multipliers; for regulated protected trees the required mitigation was tripled. She summarized the policy direction: "If you remove a regulated protected tree, we triple the amount of mitigation that you are required to do." (Linda Painter, Director of Planning and Development).
- Specimen-tree category: the code now includes a specimen category that generally requires a variance to the board of adjustment; staff discussed expanding the list of species treated as specimens and adjusting diameter thresholds (the current specimen threshold the council supported is 24 inches for some species).
- Critical root zone and disturbance limits: the critical root-zone radius was raised from 1.0 foot per inch of caliper to 1.25 feet per inch, and the allowed disturbance in that area was reduced from 40% to 20% to improve survival prospects for trees staff choose to protect.
- Exemptions and shade requirements: the single-family exemption from tree-permit requirements was reduced in 2021 from lots under 2 acres to lots under 1 acre; staff also described changes to citywide minimum shade coverage (a 15% target within the central business district and a 30% target outside that area) and a rule that now requires street trees in all zoning districts.
- Technical standards and soils: commissioners urged more technical guidance on soil volume and planting details; staff said existing code language addresses soil in parking-lot plantings but that right-of-way and street-tree soil quality is an area for new standards.
Process, limits and timing
Painter emphasized the work is at an early stage and staff are focusing on "discrete" changes that can be advanced quickly rather than a wholesale rewrite. She said staff plan to return with draft language and to conduct broad stakeholder engagement including the development community, utilities and public-interest groups. Painter warned that state law enacted in late 2024 restricts local downzoning and may limit some options: "Our attorneys remind us that every time I show something like this, they're like, 'Remember, you have to ...'" She said staff will coordinate with legal counsel to determine what measures are feasible.
Commission reactions and next steps
Commissioners pressed staff on several technical points — how long new trees take to appear in canopy imagery, whether removal tallies can be tracked to show net change, and how the board of adjustment handles specimen-tree variances. Painter said staff can provide additional data (for example on removals) and suggested some amendments could be ready for commission review in early May. She also acknowledged optics concerns about proposals that could be characterized as easing developer requirements and said staff will try to pair any developer-facing adjustments with conservation-forward measures.
The commission did not take formal votes on ordinance language at the meeting; staff said they will bring draft amendments for review and public engagement in coming weeks.
