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Commission orders after-the-fact filing and $300 fines over unpermitted tree removals near Kelly's Pond
Summary
Conservation staff found two trees removed inside the 50-foot buffer at 58 Kelly's Pond Road; the commission directed an after-the-fact filing, allowed administrative approval to remove debris, and agreed to issue $300 fines to the homeowner and the contractor and require replacement or remediation.
Conservation staff reported Sept. 19 that a homeowner and contractor had removed two trees and pruned other woody vegetation within the 50-foot buffer at 58 Kelly's Pond Road without a permit. Staff and commissioners described site visits and photographic evidence showing the work; the crew ceased activity after being contacted.
Commission staff recommended an after-the-fact filing and cited options for fines. One commissioner suggested a larger fine; staff and commissioners negotiated an administrative approach: issue citations, require the property owner and contractor to file an after-the-fact Notice of Intent or administrative application, allow an expedited administrative approval for removal of cut debris to reduce beetle spread, and impose fines of $300 to the homeowner and $300 to the contractor. The commission also signaled a requirement for in-kind replacement plantings or an equivalent remediation plan.
"They ceased their activity after we talked with them, and the homeowner did not have a permit for this activity," staff reported. The commission instructed staff to issue the citation and to proceed with administrative actions that would allow debris removal while preserving the commission's ability to require remediation and replacement plantings.
The commission did not adopt a larger fine discussed by one speaker; instead the group settled on $300 per responsible party and administrative processing of the after-the-fact filing.
