Page 13 - Tree Line - North Carolina Forestry Association - First Quarter 2021

Knowing and documenting the local government jurisdictions across all areas where you conduct any forestry activity is critical to understanding what local regulations or enforcement powers may, or may not,
be applicable to those activities.
BY BRANDON KING, M.F.
This knowledge can help you
avoid being subject to notices of violations as well as fines or other penalties, in the present and later on. For example, local governments
have the authority under their development regulations to deny a building permit, or to refuse to approve a site or subdivision plan where trees are cut, at a site that would have otherwise been protected by those regulations (N.C.G.S. § 160D-921 (c) (1)). Understanding and compliance with this type of regulation can help you determine if, and where, trees must
be left standing after a cut, which could allow for other potential uses of the property in the future. Other regulations requiring buffers may apply as well, including, but not limited to, stream buffer ordinances.
Having your property lie in any county
or municipal jurisdiction does not mean
your forestry uses will necessarily be subject
to a particular regulation, as there are some exemptions for forestry from development regulations, and other regulations, under various provisions of North Carolina law. Whether those uses are exempt can depend on the area the
parcel is located within (e.g., city limits versus an extraterritorial jurisdiction (ETJ)); whether it is a county or city that has jurisdiction for a particular regulation applicable to your parcel in that area; and, of critical importance, whether the forestry activity you are undertaking is in compliance with all of the requirements for an exemption from that regulation. For example, in North Carolina, bona fide farm purposes, which include the planting and production of trees and timber as set forth in N.C.G.S. § 106-581.1, can be exempt from county zoning and municipal zoning in a municipality’s extraterritorial jurisdiction (N.C.G.S. § 160D- 903 (a)) if specific requirements under state
law are met. However, these same bona fide farm purposes may not be exempt within a municipality’s corporate boundaries (city limits).
Planning and zoning and code enforcement departments can provide you with information about whether county or municipal regulations may apply to your forestry activities, including thinning, harvesting, and burning, among others. Also, as ETJs can be created — and expanded — over time to include your forestland, these departments can inform
you as to what activities may, or may not, be regulated in these areas as well. Keep in mind that local government interpretation of any regulation can vary, as officials and staff change over time and as ordinances are amended. As a result, retaining properly licensed legal counsel for guidance may be required. Obtain all regulatory and guidance documentation from local governments in writing, and include this information with all applications and permits in your forest management plan when it is created and updated.
Be sure everyone responsible for undertaking forest management activities understands all of the requirements under which those activities are to be exempt from a regulation, all requirements for any regulations that do apply, and that practices are always conducted in compliance with the terms and requirements of those exemptions and applicable regulations (e.g., permit requirements for tree protection areas or buffers).
The prudent forestland owner — working with a surveyor when needed — will always keep an eye out for changing jurisdictions and regulations over time, seek the counsel of a properly licensed attorney with expertise in land development regulations and zoning, and work with a landowner’s agent experienced in these same regulatory areas.
Disclaimer: The author is not an attorney, and nothing contained within this article should be construed as legal advice or guidance. The reader should always consult with a licensed North Carolina attorney experienced in land development regulations and zoning when addressing legal questions specific to North Carolina real property.
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