Woodland owner notes

              • Floodplain and floodway ordinances
Many of these ordinances commonly provide exemptions for forestry prac­tices when specific requirements are met.
Zoning is the most common form of land use regulation used by lo­cal governments in North Carolina. Zoning typically contains landscap­ing requirements or other provisions that depend upon the type of land use regulated. Landscape requirements and provisions can be used to protect community trees and vegetation and to separate and shield different uses on adjoining properties. The county or municipal planning jurisdiction that your land is located within will deter­mine the type of zoning or other land use regulations that may be applied.
Are Your Activities Considered Forestry?
Using your land for forestry involves harvesting, thinning, and other practices conducted under a sound forest manage­ment plan. The cutting of trees alone may not be considered forestry, or silviculture, by many local governments. Certain juris­dictions exempt forestry from their zoning and other land use regulations. Exemptions typically require the property to be under an active forest management plan, enrolled in the present-use-value taxation pro­gram, and that forestry best management practices be employed when conducting forestry activities.
Distributed in furtherance
of the acts of Congress of May 8 and June 30, 1914. North Carolina State Uni-
versity and North Carolina A&T State University com-mit themselves to positive action to secure equal opportunity regardless of race, color, creed, national origin, religion, sex, age, or disability. In addition, the
two Universities welcome
all persons without regard
to sexual orientation. North Carolina State University, North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating.
Zoning and Land Use Regulation of Forestry
This publication discusses how zoning and land use regulations impact the practice of forestry in North Carolina. The publication also explains plan­ning jurisdictions, components of a zoning ordinance, and where to go for more information.
Forest landowners and others involved with forest management practices need to know about county and municipal ju­risdictions and land use laws and regula­tions that apply to their forestlands. Local land use regulations can impact forest harvesting, thinning, and replanting. Forest landowners may have to bear the burden of substantial fines, legal costs, restoration costs, and other expenses if zoning and other land use regulations are violated. To avoid fines and penalties, landowners must know which land use regulations apply to their property.
COMMON LAND USE REGULATIONS
Land use regulations set limits on what can be done on your land. Regula­tions are enacted and enforced by local governments—counties and municipali­ties—to protect the public health, safety, and welfare of citizens. Regulations seek to protect community aesthetics and property values, and to promote the highest and best uses of property. Com­mon ordinances that regulate land use include:
• Zoning ordinances
• Landscaping ordinances
• Water supply watershed protection ordinances
• Sediment and erosion control ordinancesprimary city limits and noncontiguous areas called satellite annexations. Your forestland could be entirely in a county’s planning jurisdiction, entirely in a municipality’s jurisdiction, or partly within a county and a municipality’s planning jurisdiction (Figure 1). Also, a city’s corporate boundaries and planning jurisdiction may exist across more than one county. For example, the city of Rocky Mount lies in both Nash and Edgecombe counties.
County and municipal ordinances vary widely across jurisdictions in text, interpretation, and enforcement. Always confer with local officials when in doubt.
Planning jurisdiction boundaries can change
A county planning jurisdiction may not be expand­ed unless the county forms an agreement with a municipality that allows the county to enforce land use regulations within the town’s planning jurisdic­tion. A city or town also can request a county to enforce other ordinances, such as noise ordinances, within the municipal planning jurisdiction. A munic­ipality, however, can create and expand its planning jurisdiction in any of three ways:
• Incorporation is the creation of a new town. Area included within the corporate boundaries is part of the town and subject to zoning and other regu­lations.
• Annexation occurs when a city or town expands its boundaries to make an area part of its corpo­rate boundaries (city limits). All existing municipal laws and regulations apply to the annexed area.
• Establishment of an extraterritorial jurisdiction (ETJ) occurs when a city or town adds an unin­corporated area to its planning jurisdiction. The municipality can enforce only regulations related to land use and development in an ETJ.
Many landowners may not realize they are within an ETJ—and as a result may receive fines or warn­ings for activities or uses they conduct on their land that do not comply with municipal zoning or other ordinances. Planning jurisdiction boundaries change frequently as areas are annexed and ETJ’s are created. Check these boundaries periodically to ensure that you know which jurisdiction applies to your land. This information should be included and updated in your forest management plan.
Figure 1. Forestland subject to county and municipal planning jurisdictions
Woodland Owner Notes
PLANNING JURISDICTIONS
A planning jurisdiction is the total geographical area over which a local government has authority over land uses. Many types of land use regulations, including zoning, may be enforced in the planning jurisdiction.
County planning jurisdiction applies to all ar­eas of a county that are not within the corporate boundaries (city or town limits) of a municipality or its planning jurisdiction. Land not within the county jurisdiction is within a municipality’s plan­ning jurisdiction. Occasionally, a municipality and a county form an agreement to enforce land use regulations in the other’s jurisdiction. Both counties (N.C.G.S. §§ 153A-320 et seq.) and cities (N.C.G.S. §§ 160A-360 et seq.) can pass ordinances to regu­late use and development of land as authorized by the North Carolina General Statutes.
Municipal planning jurisdiction may consist of two areas:
• the city’s or town's corporate boundaries; and
• the city’s or town's extraterritorial jurisdiction.
A municipality's corporate boundaries consist of its
County planning jurisdictionMunicipal planning jurisdiction includes both:City corporate boundariesCity’s extraterritorial jurisdiction Forest tract in countyplanning jurisdictionForest tract in cityplanning jurisdiction(ETJ)Forest tract in bothjurisdictionsCheck Before Proceeding With Forestry Activity
Uncertain of zoning or other land use regulations that apply to your property? Check with the local government that has jurisdiction over your property before proceeding with your forestry activity. Inquire if exemptions exist for forestry, and ask if your activity qualifies for those exemptions before proceeding.
Zoning districts and maps
Zoning defines uses and creates various zones or districts within part or all of a county’s and all of a municipality’s planning jurisdiction. Zoning identi­fies all allowable uses and prohibits all uses that are not specified in the ordinance. However, provisions can be written into the ordinance that allow land­owners to obtain conditional or special use permits to conduct uses not already allowed in a zoning district. Zoning ordinances may also be amended to add zoning districts and additional defined and permitted uses.
Zoning districts established in the ordinance text are shown on a zoning map. Abbreviations are as­signed to these districts for simplicity, but they can differ in meaning across local governments. For ex­ample, RA-20 may mean “Residential-Agricultural: 1 unit (house) per 20,000 square feet” in one com­munity, but it may mean “Rural-Agricultural: 1 unit per 20 acres” in another jurisdiction. The zoning text will list the abbreviations for each named district.
Districts may be classified as general use or conditional use (special use) districts. In a general use district, a use such as forestry may be allowed without having to obtain a permit. In a conditional use district, a permit may be required before you can conduct forestry activities. Be aware of overlay districts and floating districts, which may be ap­plied over the underlying zoning district. They can add additional restrictions or conditions to land use across multiple districts.
Zoning and forestry
If your forestland is zoned, these restrictions and provisions may apply:
• Forestry is exempt.
• Forestry is permitted.
• Harvest is constrained.
• Harvest of certain trees is constrained.
• Tree harvest location is constrained.
• Replanting and maintenance of trees following removal is required.
Zoning and Land Use Regulation of Forestry
Extraterritorial jurisdiction
An ETJ is established by adding an unincorporated area (outside of the corporate boundary) to the municipal planning jurisdiction. The ETJ must be connected to the primary corporate boundary and cannot be drawn from a satellite annexation. An area within an ETJ may eventually be annexed and become part of that municipality. All towns or cities may establish an ETJ within one mile of the town or city boundaries (N.C.G.S. § 160A-360). However, approval from the board of county commissioners, or a local bill passed by the North Carolina General Assembly, is required if a city is to extend an ETJ more than one mile from its corporate boundary. Board of county commissioners approval is re­quired if an ETJ is proposed in an area where the county is already exercising its zoning and sub­division authority and enforcing the State Build­ing Code. All cities may enforce public health and safety regulations (nuisance abatement, burning, or noise ordinances) without establishing an ETJ within one mile of their corporate boundaries.
Municipal land use regulations typically take precedence over county land use regulations within an ETJ. The city may exercise exactly the same land use regulation authority within the ETJ as it does in the primary city limits, but it may choose not to enforce an ordinance that it is already enforcing in the corporate boundaries. Cities may regulate land uses within ETJs through zoning, soil erosion and sedimentation control, floodway development, wa­tershed protection, landscaping and community ap­pearance ordinances, and other ordinances adopted pursuant to their planning and zoning authority. The counties retain authority to enforce ordinances created pursuant to their general ordinance-making authority in the ETJ, such as nuisance ordinances.
ZONING
Zoning prevents conflicts between various land uses (for example, by not allowing a noisy sawmill operation next to a hospital). More than 75 of North Carolina’s counties have either partial or complete zoning within their planning jurisdictions. Counties can enforce zoning in a portion of the county or throughout the entire county. Almost all munici­palities in this state have zoning. Unlike counties, however, they must enforce zoning throughout their entire planning jurisdiction. Zoning regula­tions must be created, amended, and enforced in accordance with a municipality’s or county’s com­prehensive plan.Woodland Owner Notes
Land use regulations, including the zoning ordinance itself, may be contained within a unified develop­ment ordinance (UDO). Landscaping requirements, such as buffers of different widths and types of vege­tation, may apply to your property depending on the zoning district in which your property is located. If forestry is not defined and listed as a permitted use in the zoning ordinance it will not be allowed. For­estry activities may be regulated similarly to other aesthetics issues, such as overgrown and weedy lots and the pruning and topping of trees.
Forestry is considered a bona fide farm purpose exempt from county zoning under state law be­cause zoning does not apply to the planting and production of trees and timber (N.C.G.S. § 153A-340). Municipalities are not required to exempt bona fide farm purposes, such as forestry, from their zoning, although a few North Carolina munici­palities do provide exemptions. For more informa­tion on exemptions and flexibility for forestry and farming within local land use regulations, refer to Woodland Owners Note 41, Practicing Forestry un­der Local Regulations: www.ces.ncsu.edu/forestry/pdf/WON/won41.pdf.
Zoning ordinance components
Zoning ordinances typically consists of three com­ponents:
• The zoning text establishes and describes the purpose of zoning districts, defines uses, and lists allowed or restricted uses within a zoning district (Figures 2, 3, and 4).
• A table of permitted uses lists the zoning districts and the possible allowed uses (Figure 5).
• A zoning map identifies the districts where for­estry activities are allowed (Figure 6).
IS FORESTRY AN ALLOWABLE USE?
To determine if forestry is an allowable use within your municipal or county planning jurisdiction, re­view the zoning ordinance that applies to your prop­erty. Be sure to review each ordinance component:
1. Identify the jurisdictions that apply to your property
If your forestland falls within a planning jurisdic­tion that applies zoning, you must determine if forestry is an allowable use. If your forestland is in a municipality’s planning jurisdiction, its zoning will apply to your land. Otherwise, your land falls under the county planning jurisdiction and county zoning may apply to your land. A possible exception to this situation is if a local government has an agreement to enforce land use regulations within another local government’s planning jurisdiction.
4.2.2(A) R-80: Residential District
The R-80 district is established to ensure the protection of open space and to promote very low-density residential development that is compatible with watersheds and other environmentally sensitive areas, subject to appropriate stan­dards. The district also can serve as an appropriate buffer between natural resources and water supply reservoirs and more developed areas. The minimum lot area is 80,000 square feet, and the maximum density allowed is 0.54 units per acre.
4.2.2(B) R-40: Residential District
The R-40 district is established to accommodate large-lot residential uses and development compatible with the natu­ral landscape. The minimum lot area is 40,000 square feet, and the maximum density allowed is 1.08 units per acre. The R-40 district can accommodate development on wells and/or septic tanks; but lots within new subdivisions in this district are required to connect to public water and sewer.
4.2.2(C) R-20: Residential District
The R-20 district is established as a district in which the prin­cipal use of land is for low-density residential purposes. All development in the R-20 district shall be required to utilize public utilities. The minimum lot area is 20,000 square feet, and the maximum density allowed is 2.17 units per acre.
Figure 2. Example of zoning text that defines the zoning districts
12.3.4 Commercial Uses
12.3.4(A) Agricultural Uses
Activities that primarily involve raising, producing, or keep­ing plants or animals, or cultivation and management of other natural resources. Accessory uses may include dwell­ings for proprietors and employees, barns, storage of grain, animal raising, feed preparation, and wholesale sales of products produced on-site. Specific use types include:
(1) Agri-Tourism
An area of land used for the purpose of education and par­ticipation in an agricultural related business operation.
(2) Farming, general
An area of land used for the commercial production of ag­ricultural products such as crops, dairy products, livestock, and poultry.
(3) Forestry
The science, business, and art of creating, conserving, and managing forests or forestlands for the continuing uses of commodity and noncommodity benefits.
(4) Produce stand
A structure and/or area devoted to the small-scale retail and/or wholesale sales of agricultural goods or products that have been grown on the same site or property as the stand.
Figure 3. Example of zoning text that defines forestryT
ABLE 5.1-1. TABLE OF PERMITTED USES—GENERAL USE DISTRICTS (EXCEPT TC & CT)P = Permitted Use; S = Special Use (see Section 3.8); A = Accessory UseUse Class is listed for determining the type of required perimeter buffers, and is repeated in Section 7.2.Use CategoryUse Type (Use Class)R80R40R20R12R8TRRMFRROIGCORD INCCCRCUse Specifi c StandardsFarming, general (1)PPPPForestry (1)PPPProduce stand (1)PP5.2.3(C)AnimalServiceKennel, indoor only (4)SSPPPPPPP5.2.3(E)Kennel (indoor/outdoor)(6)SSSSPP5.2.3(E)Veterinary hospital/offi ce, with indoor kennel (4)PPPPPPP5.2.3(O)
Sec. 18-177. R-20, Residential District
(a) Purpose.
The R-20, Residential District, is established as a residential district in which the principal use of land is for low-density residential and recreational purposes. The regulations of this district are intended to discourage any use that be­cause of its character would substantially interfere with the development of residences and that would be detrimental to the quiet residential nature of the areas included within the district.
(b) Uses Permitted by Right.
The following uses are permitted by right in the R-20 district, provided that they meet all requirements of this section, Article 6, and all other applicable requirements established in these regulations:
(1) Single-family, detached
(2) Family care home
(3) Golf courses, private or public, with related services, including pro-shop
(4) Parks and recreation areas, municipal
(5) Recreation facility, private
Figure 4. Example of zoning text listing allowed uses
2. Check the zoning text
Review the zoning text to see if forestry is a defined use. It may be included with the terms “agriculture” or “farming.” Also, check to see if the activities on your land meet the definition of forestry in the ordi­nance. Forestry may also be referred to as “silvicul­ture,” “timber harvesting,” or other similar terms within zoning ordinances. Some communities may not define forestry as a use in the zoning text though it may still be listed in the table of permitted uses (Figure 5).
Zoning and Land Use Regulation of Forestry
3. Check the table of permitted uses
Is forestry included as a possible allowed use? Al­lowed uses are denoted by a letter symbol in the table where a listed use intersects with a zoning district; nonpermitted uses are left blank. Symbols used to denote allowed uses are defined in the text or on the table. For example, in Figure 5 the let­ter “P” indicates that a use is permitted as of right and the letter “S” signifies a special or conditional use. A use that is “as of right” may be allowed in a district without the need for a permit or permission from a local government. A conditional or special use is one where a permit must be obtained prior to the use being conducted. If forestry is not listed in the table of permitted uses, or is not a defined or listed use in the zoning text, contact your local planning and zoning department to find out how forestry may be added as a defined use to the zon­ing ordinance.
4. Check the zoning map
Identify the districts where forestry activities are allowed. The zoning map shown in Figure 6 shows the location of R40 and R20 zoning districts that allow forestry. If a zoning map shows that your property is in a district that does not allow forestry, contact your local planning and zoning department for information on seeking a conditional use permit or having the zoning changed for that district.
5. Obtain information on jurisdictions and land use
regulations
County and city planning, zoning, environmental, engineering, and inspection departments can pro­vide information on the planning jurisdictions that apply to your land. These departments can explain the ordinances and land use regulations you must follow when engaging in forestry practices on property in their planning jurisdic­tions. Zoning and other land use regulations are maintained by counties and cities at courthouses, offices of county and city clerks, and often in depart­ments responsible for
Figure 5. Example of a table of permitted uses in which forestry is allowed in three districtsenforcement. Regulations and guidance materials are also available on the internet through legal da­tabases and local government websites. However, ordinances provided online are not legally enforce­able and may not be up-to-date.
City and county attorneys and managers are good sources of regulatory information. Forest landowners, and their consulting forester, need to be mindful that local officials and city and county attorneys represent their respective local govern­ments. If forest landowners need a second opinion with regards to guidance or interpretation of a local regulation, they may seek the advice of other local officials or outside legal counsel. Retain all guid­ance and interpretation on land use regulations in writing for future reference.
Woodland Owner Notes
Caution
Landowners should never attempt to engage in forestry practices based solely on what they read in the county or municipal code or on a local government’s Web site. Always rely on the combined guidance and interpretation of the local officials responsible for enforcing ordinances and regulations and guidance from an attorney.
The failure of a county or municipal official to provide you with the most recent amendments to an ordinance or rule does not relieve you of the obligation of complying nor does it result in the imposition of liability upon that official or that official’s employer.
Contact information and guidance information is often available on a local government’s planning, zoning, or environmental department Web sites. General references to county and municipal ordinances and contact information is available through the Extension Forestry Web site entitled Ordinances, Laws, Regulations, and Programs Affecting Forestry in North Carolina: www.ces.ncsu.edu/nreos/forest/ordinance/.
No forestry practices should be conducted without first receiving interpretation and guidance about local land use regulations and how they may apply to your property. Your local planning and zoning department can give you guid­ance on what regulations may apply to your land.
Figure 6. Example of a portion of a zoning map based on the table of permitted uses in figure 5
Forest tract in
zoning districts R-20 and R-40PDDMajorR-40R-20R-12RRO&IFigure 7 is designed to guide you through a zoning ordinance to determine if you can practice forestry on your land.
1. Start with the top center box of the chart and answer the question. Answering each question will determine which box to move to next.
2. If you answer “Yes,” continue to move down the center of the chart and answer questions.
3. If you answer “No,” move to the box to the im­mediate left or right and follow the guidance within the box.
OTHER RESOURCES
For more information on forestry management practices and local regulatory information, please review the following:
Zoning and Land Use Regulation of Forestry
Publications
Practicing Forestry Under Local Regulations. Wood­land Owner Note 41. North Carolina Cooperative Extension, North Carolina State University, Raleigh, N.C. http://www.ces.ncsu.edu/forestry/pdf/WON/won41.pdf
Web sites
North Carolina State University Extension Forestry. North Carolina Cooperative Extension, North Caro­lina State University, Raleigh, N.C. http://www.ces.ncsu.edu/nreos/forest/
Ordinances, Laws, Regulations, and Programs, Affecting Forestry Management in North Carolina. North Carolina Cooperative Extension, North Caro­lina State University, Raleigh, N.C. http://www.ces.ncsu.edu/nreos/forest/ordinance/
UNC School of Government. University of North Carolina, Chapel Hill, N.C. http://www.sog.unc.edu/
YES
Does zoning constrain forestry activity? Under county jursidiction, forestry may qualify as a bona fide farm use and may be exempt from zoning. Municipalities may exempt forestry from their zoning. Is forestry a permitted use listed in the zoning text, definitions, or table of permitted uses? Look at the zoning text to find the purposes of distrcts as a guide to where a use may be allowed. Find the districts on the zoning map where forestry is permitted. Does your land fall within those districts? Consider overlay and floating districts. c a b d d as a use to the zoning or dinance. NOOP Talk to local zoning and planni ng p a r t m e n t t o s e e h o w o r e s t r y c a n e a e d as a use to the zoning or dinance. d e f Forestry may be allowed as a permitted, conditional, or special use. Look at conditions that must be met and permits needed to practice forestry in these districts. Check to see if a tree clearing permit must be obtained, which is required in some jurisdictions, even if forestry is allowed. Zoning over property?YES STOP Talk to local zoning and planning department to see how forestry can be added as a use to the zoning ordinance. STOP Talk to local zoning and planning department to see how forestry can be added as a use to the zoning ordinance. YES YES NOCheck with your local government to see if additional regulations apply beforeproceeding.NONONOCheck with your local government to see if additional regulations apply beforeproceeding.
Figure 7. Determin­ing if forestry can
be practiced on your landPublished by
North orth Carolina Cooperati ooperati ve Extension Ser vice
WON-43 8/07—15M—BS/KEL E07 50252
REFERENCES
Lawrence, D. M., Wicker, W. J. 1996. Municipal Government in North Carolina. Chapel Hill, N.C.: Institute of Government, University of North Carolina.
Owens, D., and N. Branscome. 2006, May. An Inventory of Local Government Land Use Ordinances in North Carolina. Special Series No. 21. Chapel Hill, N.C.: School of Government, University of North Carolina at Chapel Hill. http://www.sog.unc.edu/pubs/electronicversions/pdf/ss21.pdf
Owens, D. 2006, January. An Inventory of Local Government Land Use Ordinances in North Carolina. Special Series No. 20. Chapel Hill, N.C.: School of Government, University of North Carolina. http://www.sog.unc.edu/pubs/electronicversions/pdf/ss20.pdf
Owens, D.W. 2001. Introduction to Zoning. Chapel Hill, N.C.: Institute of Government, University of North Carolina.
Owens, D.W. 1999. Legislative Zoning Decisions: Legal Aspects. Chapel Hill, N.C.: Institute of Govern­ment, University of North Carolina.
Prepared by
Brandon A. King, Extension Assistant
Robert E. Bardon, Ph.D., Extension Specialist
Mark A. Megalos, Ph.D., Outreach Associate
Department of Forestry
The authors acknowledge the following publication reviewers for their efforts:
Richard Ducker, Assoc. Professor of Public Law and Government, UNC School of Government
Ted Feitshans, Extension Specialist and Lecturer, NC State University
Christy Perrin, Program Coordinator, WECO, NC State University
Kurt Smith, Open Space Planner, Parks, Recreation, and Open Space, Wake County, NC
Funding for this publication was provided through an Urban and Community Forestry Grant from the
North Carolina Division of Forest Resources, North Carolina Department of Environment and Natural Resources
15,000 copies of this public document were printed at a cost of $4,307 or $.28 per copy.
NC STATE UNIVERSITY