§ 70-732. Clearing or removal of vegetation for activities other than timber harvesting.

For clearing of vegetation for development within 250 feet, horizontal distance, of the normal high water line of a river; within 250 feet of the upland edge of a freshwater wetland; or within 75 feet of the normal high water line of a stream, the following provisions shall apply:

(1)

Within a shoreland area zoned for resource protection, cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

(2)

Except in areas as described in subsection (1) of this section, and except to allow for the development of permitted uses, within a strip of land extending 75 feet, horizontal distance, from any other water body, tributary stream or the upland edge of a freshwater wetland, a buffer strip of vegetation shall be preserved as follows:

a.

There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forest canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is permitted provided a cleared line of sight to the water through the buffer strip is not created.

b.

Selective cutting of trees within the buffer strip is permitted provided that a well-distributed stand of trees and other natural vegetation is maintained. For the purposes of this section, a well-distributed stand of trees shall be defined as maintaining a minimum rating score of 16 per 25-foot by 50-foot (1,250 square feet) rectangular area as determined by the following rating system:

Diameter of Tree at 4½ Feet Above Ground Level (Inches)	Points
2—< 4 in.	1
4—< 8 in.	2
8—< 12 in.	4
12 in. or greater	8

 

The following shall govern in applying this point system:

1.

The 25-foot by 50-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

2.

Each successive plot must be adjacent to, but not overlap a previous plot;

3.

Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this section;

4.

Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by the ordinance from which this section was derived;

5.

Where conditions permit, no more than 50% of the points on any 25-foot by 50-foot rectangular area may consist of trees greater than 12 inches in diameter.

For the purposes of this section, "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at four and one-half feet above ground level for each 25-foot by 50-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.

c.

Pruning of tree branches, on the bottom one-third of the tree is permitted.

d.

In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.

e.

In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in subsections (2) and (2)(a) of this section.

(3)

a.

At distances greater than 75 feet, horizontal distance, from the normal high water line of any water body, tributary stream or the upland edge of a freshwater wetland, there shall be permitted on any lot, in any ten-year period, selective cutting of not more than 40 percent of the volume of trees four inches or more in diameter, measured four and one-half feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the 40 percent calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area.

b.

In no event shall cleared openings for any purpose, including but not limited to principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate 25 percent of the lot area within the shoreland zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision shall not apply to the commercial and industrial districts.

(4)

Cleared openings legally in existence on the effective date of this division (adopted at town meeting of May 16, 1992), may be maintained but shall not be enlarged except as permitted by this division.

(5)

Fields and other cleared openings which have reverted to primarily shrubs, trees or other woody vegetation shall be regulated under the provisions of this division.

(Code 1983, § 15-611(2); T.M. of 5-16-1992, art. 86, § 15-611; T.M. of 7-21-2009, § 2009-109; T.M. of 11-17-2009, § 2009-174)