2/13/2017 2:45:56 PM
9/30/2015 3:37:05 PM
Agenda Item Number
Land Development Regulations
State Filed Date
Chapter 927.06 of LDRs
Tree Protection Requirements
Codified or Exempt
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ORDINANCE 2005-002 <br />(4) Any activity conducted by a lawfully operating and bona fide commercial nursery tree farm, agricultural <br />operation, silvicultural operation, ranch, or similar operation, when the activity occurs on the property owned <br />or lawfully occupied by the person conducting said activity and is done in pursuit of said activity. This <br />exemption shall include the purposeful removal of a tree or trees for their permanent relocation at another site <br />undergoing development. When land -clearing or tree removal has been performed under this exemption based <br />upon the use of the property for an agricultural or silvicultural operation, the following shall apply: <br />(5) <br />(a) No land development order shall be approved for any non-agricultural or non-silvicultural use or <br />improvement on the same site within two (2) years of the completion of such land clearing or tree <br />removal. <br />(b) <br />(c) <br />Pertaining to silviculture, operations shall implement a State Division of Forestry approved <br />management plan including a reforestation plan for harvested lands <br />Pertaining to agriculture, operations shall implement a Soil and Water Conservation District <br />approved conservation plan, including the use of Best Management Practices, as applicable to the <br />specific area being cleared. <br />The removal of any protected tree, specimen tree, or other tree which has been destroyed or damaged beyond <br />saving, or which constitutes an immediate peril to life or property. <br />(6) Tree removal, land clearing, or grubbing of any vegetation, including protected trees and specimen trees, but <br />not including mangroves or dune vegetation, within ten (10) feet of a house. <br />(7) <br />Land -clearing or grubbing of vegetation, except for protected trees, specimen trees, mangroves, dune <br />vegetation, or any native vegetation in a conservation easement, upon any detached single-family residential <br />lot or parcel of land having an area of one (1.0) acre or less, provided this exemption shall not be construed to <br />allow land -clearing; or grubbing without permit on any such lot or parcel by its subdivider unless the <br />subdivider intends in good faith to forthwith begin construction of a dwelling unit or units upon said lot. <br />Advertisement or listing for sale of the particular lot or parcel without the dwelling unit shall create a <br />presumption that the subdivider does not intend to forthwith begin such construction and that the intent is for <br />the lot or parcel to be developed by a subsequent purchaser. <br />(8) Tree removal, except for mangroves, dune vegetation, or native trees in a conservation easement, upon: <br />• any detached single-family residential lot or parcel of land having an area of 1/4 acre <br />(10,890 square feet) or less; or <br />• any homesteaded single-family lot or parcel one acre or less in size; or <br />• any single-family lot 1/3 acre (14,520 square feet) or less in size where public water or public sewer is not <br />available to serve the lot. <br />provided This exemption shall not be construed to allow tree removal without permit on any such lot or parcel by <br />its subdivider unless the subdivider intends in good faith to forthwith begin construction of a dwelling unit or <br />units upon said lot. Advertisement or listing for sale of the particular lot or parcel without the dwelling unit shall <br />create a presumption that the subdivider does not intend to forthwith begin such construction and that the intent is <br />for the lot or parcel to be developed by a subsequent purchaser. <br />-2- <br />Underline depicts addition of text; st*ii' h depicts deletion of text. <br />1':AC: mununity Developmena Ise rs\R.OL NDAl )lzW Free Ord resist )nsy200:;-2005', I ice C)rd 20( 002 rst exemplion.tioe <br />
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