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Pender planners propose tree‑save areas, legacy‑tree rules and incentives in code update workshop
Summary
Staff presented a draft framework to strengthen tree mitigation, add ‘tree‑save’ area requirements and create incentives for preserving legacy trees in commercial and selected residential districts; the board generally supported the concepts and asked staff to return with refined, legally vetted language.
Pender County planning staff led a workshop on July 7 proposing changes to the county’s tree‑mitigation and preservation code aimed at preserving mature canopy and improving development outcomes.
Staff outlined four changes: (1) define and protect significant and legacy trees (examples: American holly, dogwood, water oak, live oak with caliper thresholds), (2) require tree‑save areas that preserve a percentage of existing vegetation (staff suggested 10–20% as a baseline, scaled by project size), (3) measure mitigation using tree caliper/inches to value larger specimen trees rather than only tree counts, and (4) develop objective incentives — such as reduced setbacks or parking relief — to reward preservation rather than simply allowing fee‑in‑lieu payments that can encourage clear‑cutting.
The board discussed wetlands crediting (several members said wetlands should not count toward buildable open space), thresholds for heritage/legacy trees, practical mitigation for sites with high tree concentrations, and enforcement pathways including variance requests to the Board of Adjustment when preservation constrains development. Members emphasized flexible, objective language to allow meaningful preservation without inadvertently blocking viable projects. One board member also recommended excluding fee‑in‑lieu as an automatic option and instead using any such funds for community enhancements (parks, trailheads) when a true hardship is demonstrated.
Staff said they will draft refined ordinance language, coordinate with county legal counsel to ensure consistency with state down‑zoning statute constraints, and return with proposed text at the next meeting. The board set next meeting dates (August 4) and encouraged staff to provide clear, objective standards and examples so applicants can design preservation into proposals rather than clearing and planting smaller specimens later.
