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Planning board backs zoning changes adding emergency tree-removal exception and setback protections
Summary
After extended public comment, the Southern Shores Planning Board voted to accept ZPA 24-05 with minor corrections, adding an emergency tree-removal exception (including disease and insect as suggested) and discussion about preserving setback areas until a building permit is sought.
The Southern Shores Planning Board voted Nov. 18 to accept zoning text amendment ZPA 24-05 with minor corrections and additions that clarify an emergency tree-removal exception. Planning Director Wes Haskett told the board the provisions were modeled largely on nearby Duxbury requirements and that both the planning board and town council sought an exception allowing emergency removal of dangerous trees and a 72-hour window to apply for permits retroactively.
Board members and members of the public debated whether "natural occurrences" in the emergency exception should explicitly include disease and insect infestation. Member Michael (board member) and others recommended adding language naming lightning, windstorm, ice storm, flood, disease and insect infestation as examples; the board incorporated those suggestions into the draft before the motion to accept.
Public speakers were sharply divided. Builder Mark Martin told the board that lot-disturbance stormwater permits (which require a survey, site plan and spot elevations) impose cost and complexity that can be disproportionate for straightforward tree removal and said builders often design around trees. Several long-time residents, including Mike Stone and Michelle Youngstone, emphasized public-safety and environmental reasons to protect canopy: Stone recounted dangerous falling branches and insurance problems tied to trees close to homes; Youngstone described trees’ role in reducing flooding and preserving neighborhood character.
The draft ordinance that the board considered would prohibit removal of trees greater than 6 inches in diameter (measured at 4.5 feet above ground) within front, side or rear yard setback areas on unimproved lots prior to specified approvals; the lot-disturbance stormwater permit requires surveys and spot elevations for grading and tree removal in commercial zones. Several members urged preserving setback areas until a building permit is filed to prevent long-term clear-cutting after a permit is used merely to alter topography.
After discussion and the addition of disease and insect language to the emergency exception, a motion to accept ZPA 24-05 as written with minor corrections was seconded and carried without recorded opposition. Planning staff said they would return a revised draft reflecting the edits for future distribution and potential additional review by council.
The board also heard suggestions to consult NC State Cooperative Extension fire-resilient landscaping guidance and the NC Invasive Plant Council lists when finalizing details. The planning director noted the next regular meeting is scheduled for Dec. 16, when the board may consider a separate zoning amendment on lot recombination.
