We've all heard about Port Royal's new tree ordinance, but what does it really mean for local Port Royalians? Well, we sat down with Noah Krepp from Port Royal's Planning Department to find out just that!
A Little Background
Let's start with how the ordinance came up for discussion. Way back in 2022, a pair of live oak trees on 12th were up for removal to build a series of homes. Although design negotiations were had and the permits were obtained, and the larger of the two oaks was preserved, there was immediate local outcry once the chainsaws came out. Port Royal local, Elizabeth Burmann, set in motion a request to formally appeal the process, which ultimately led to an opportunity to revisit the then-current tree ordinance.
It's easy to say that we love our live oaks, but we were able to get a glimpse of that affection in action in September of last year when The Town of Port Royal’s Development Review Board voted to deny an apartment project near Cherry Hill Plantation in the name of trees, preserving both the famous "mother" oak and the surrounding "family" of oaks. Larger than Charleston's "Angel Oak" which is believed to be several hundred years old, the Cherry Hill Plantation Oak is the oldest live oak in Beaufort Country and also home to Mary Pope's 1818 grave.
Fun Fact: Fungi that live on tree roots help connect them to other nearby trees, essentially forming a platform throughout the forest for communication and resource sharing (think internet). According to Suzanne Simard, these networks include "mother trees" that may be connected to hundreds of younger trees around them. "We have found that mother trees will send their excess carbon through the mycorrhizal network to the understory seedlings, and we've associated this with increased seedling survival by four times."
Port Royal's beloved live oaks are one of the several species of trees protected as landmark or specimen trees. Live oaks bring a charm and "feel" to the Lowcountry, not to mention are an integral piece of our local history and ecosystem. As we unpack what the ordinance means for you, we will learn about practices that already existed and the newer practices in the ordinance to help keep Port Royal's tree canopy in shape.
Fun Fact: Ancient pagan cultures, such as the Celts, believed that benevolent and helpful spirits lived in trees. Knocking on tree trunks roused a spirit for protection, which led to the saying "knock on wood."
So with preservation in mind, the town went to work to build a radically new tree ordinance to "regulate and protect a sustainable and healthy tree canopy throughout the Town of Port Royal while promoting the benefits and advantages of retaining mature trees in our landscapes, parks, and streets." A lot of talk around live oaks makes it seem like the ordinance was to save big, beautiful live oaks, which may have been what started the conversation, but ultimately the bigger goal was to ensure adequate trees in our town, both big and small, and native.
The Trees of the New Ordinance
To start, it helps to understand that the tree ordinance is designed to protect the tree canopy, and because of that focus, it includes landmark trees (highest priority to preserve), specimen trees (second priority), and then all of the rest (with the exception of invasive).
Noah notes that all trees in Port Royal are protected essentially. Any tree over 8" in diameter required a permit to be removed.
Not So Fun Fact: About 15 billion trees are lost each year due to deforestation, forest management, and changes in land use.
What exactly is a "landmark" and what is a "specimen" tree? Essentially, the designation covers the same trees, but typically, the "specimen" is a smaller, less mature version, and the "landmark" is larger and older. This is not always the case, for example with laurel and water oaks and sweet gums, which lose their designation after reaching a certain size. This is because they have reached the end of their natural life cycle and can become a danger. But for the most part, specimen trees become landmarks with time and age, and with time and age come greater protection.
In addition to Live Oaks, some of the trees included on the list include Red and White Oaks, Hickories, Southern Magnolias, Bald and Pond Cypress, Loblolly, Slash, and Longleaf Pines. You can find the list in its entirety, including the sizes of each designation under Table 20-7, pg 6 in the tree ordinance.
One local variety of trees not on the list: palms. According to the botanical definition, palms are not trees but large, woody herbs.
Who Follows What Rules & Who Pays What?
The tree ordinance is applied to four distinct situations - dare we say there are four tree ordinances wrapped up in one? We've tried to simplify the ordinance and what rules and fees apply to what situations.
A few quick notes before we start. All trees are defined as having an 8" diameter measured at 4 1/2' from the ground. An Arborist Report must be according to a Certified Arborist using ANSI standards. A Tree Survey plots all trees on a piece of property. Existing development means the property has already been built on and new development is for any plot of land with no existing structures.
1. Existing Development - Commercial
Must have a permit for the removal of ALL trees
Must have a permit for pruning Landmark trees
Must submit BOTH a Tree Survey and Arborist Report for all permits
If permission is granted to remove any landmark or specimen tree, they are subject to the increased fees of $750/$500 per caliper inch PLUS replacing the tree on the property by planting 1 tree for every 5" of caliper removed
2. Existing Development - Individual Single Family
Must have a permit for the removal of ALL trees
Must have a permit for pruning Landmark trees
Must submit an Arborist Report for removal of Landmark/Specimen Trees
Must submit an Arborist Report for pruning of Landmark Trees
If permission is granted to remove any landmark or specimen tree, they are subject to the increased fees of $750/$500 per caliper inch PLUS replacing the tree on the property by planting 1 tree for every 5" of caliper removed
3. All New Development - Commercial & Individual Single Family
Includes any new single-family home site, a residential development, and all commercial development not specifically exempt
For any tree removal, must submit:
A Tree Survey
Narrative of Plans certified by an Arborist
A Tree Tally with Specimens and Diameters
A replacement schedule
Must present plans to the Design Review Board for permits with design alternatives for any Landmark trees
If permission is granted to remove any landmark or specimen tree, they are subject to the increased fees of $750/$500 per caliper inch PLUS replacing the tree on the property by planting 1 tree for every 5" of caliper removed
The plot of land is subject to Canopy Requirements (Sec 20-8 (b) Table 20-8, pg 8)
The plot of land is subject to inspections to ensure the health of trees for up to 5 years
4. New Development - Highly Specific Commercial Exceptions
Must be zoned T4 NC-O (Neighborhood Center-Open), T4UC (Urban Center) or T5MS (Main Street)
Must be considered "commercial" by use from the Town (offices and services and retail and restaurants)
For any tree removal, must submit:
i. A Tree Survey
ii. Narrative of Plans certified by an Arborist
iii. A Tree Tally with Specimens and Diameters
iv. A replacement schedule
If permission is granted to remove any landmark or specimen tree, they are subject to the previous fees of $100/$50 per caliper inch PLUS replacing the tree on the property by planting 1 tree for every 5" of caliper removed
The plot of land is subject to Canopy Requirements (Sec 20-8 (b) Table 20-8, pg 8)
Mixed-Use plots (commercial and residential) only receive exemptions for the commercial square footage portion of the land.
One crucial piece of information to understand how a property is able to receive an exception (thus reducing its penalty rates) is to understand that Port Royal takes into account both how the property is zoned AND the use of the property.
In order to qualify for an exemption, the property must be zoned T4NC-O, T4UC or T5MS AND the building(s) deemed commercial by the town. Noah notes that by "commercial," the town considers the "uses" to be office and services and retail and restaurants as detailed in the Principle Use Table 4.1.30. So, if you really want to see who qualifies for the exemptions, it's easiest to think of it as the last three columns for those two sections for any NEW development. Residential neighborhoods do not qualify.
Even then, if the new developer ticks all of those boxes, the town has the ultimate say as to whether they have exhausted other options and to send any decisions to the Design Review Board.
Key Takeaways
Most of us in Port Royal will be subject to the new increased fees. Pretty much, unless you're a developer, building new construction on Ribaut or Paris for office or retail, you're subject to the new increased fees.
You're going to need your tree guy to be a Certified Arborist and submit permit requests using ANSI standards.
All trees need a permit to be cut (over 8") and landmark trees needs a permit for pruning.
Mitigation fees are stored in an account dedicated to planting and maintaining trees on publically maintain properties. So, the fees paid will go to help plant/replant trees along streets, in parks and on other public lands.
What about fines for cutting/pruning trees without permission? Well, that's still a little gray. The ordinance has a two and five year deferral for any clearcutting without permission, assuming there were trees that would have been protected by the ordinance. Once caught, the developer would also be responsible for the mitigation fees and replanting of landmark/specimen trees that were cut without permits.
Know your trees - if you buy a piece of property and you think it's only live oaks you have to contend with, you might want to check with an arborist first. One relatively small Southern Magnolia that is 10" in diameter.... $5,000 to cut down, plus you'll be replanting with TWO trees according to the new tree ordinance's planting standards. As you can see, with 20 native species covered by the ordinance, it might not take much to rack up a big bill. Don't forget, you're also subject to inspections of those replacement trees for up to 5 years.
Did We Miss the Forest For the Trees?
Touted as one of the area's toughest tree ordinances around, we wanted to know just how tough the ordinance was and how it affected the average citizen in Port Royal. What started out as a way to protect our beloved live oaks from developers plowing down to build new homes has become a stringent ordinance for all of us here in Port Royal to abide by.
The design of the tree ordinance was fashioned after other tree ordinances, in particular, Hilton Head's. Comparatively, fees were increased, and replanting rates were doubled from these models. Port Royal's ambitious ordinance was the design of a working group built up of primarily tree-interested constituents. Additionally, Noah brought his experience with ordinances and a background in Regional Planning, with a focus on Environment Planning. This makes for a great starting point when you're trying to create a tree ordinance with some "teeth" in it.
Fun Fact: A study led by Yale University researchers has found that there are around 3.04 trillion trees on Earth, or around 422 for each person on the planet.
Not So Fun Fact: The same study found that since the start of human civilisation, around 11,700 years ago, the total number of trees has fallen by around 46%.
As the months passed, a moratorium was put in place to give the group some time to create the best possible ordinance. However, Noah recalls while working with Beaufort County, he worked on the Sea Level Rise and Fill Dirt ordinances, which "both took over a year to finalize and present to the regional jurisdiction." Port Royal's Tree ordinance was drafted and adopted in just six months. Wow! That's quite the achievement!
With an abundance of publicity and a lot on the line, did Port Royal get it right?
Well, that's yet to be determined. In an effort to encourage responsible economic growth, the commercial exceptions were written into the ordinance. At the final vote, the mayor, although supporting council, repeatedly expressed his concern that the ordinance had swung the pendulum too far. In order to determine if the immediate shock of mitigation fees is deterring healthy growth, the council and mayor determined to revisit the ordinance in 6 months and a year to see if the ordinance is serving Port Royal as hoped.
Noah explains that the town is "collecting data from realtors, design professionals, and developers on projects that have been abandoned and sales that have fallen through as well as projects that have come to fruition under the new ordinance." This data will help determine if in fact the Mayor was right or if the tree ordinance is just what Port Royal needs to attract "like-minded" businesses to the area.
So, as local builders walked away, shaking their heads, we asked Noah what was the hardest takeaway he felt from this experience. He felt the overall perception of developers was quite negative and, that from his experience, most developers "[want] to do what makes the Town happy, and they are guided by architects and landscapes architects who have done research on the Town's principles and the intent of our codes." Having worked with the Port Royal's tree ordinance for more than a year and half, Noah expresses this misconception of developers, where from having actually worked with local developers, not just an assumption.
Noah seemed not to be able to express enough how responsible and perhaps progressive landscape architects already operated and their important role in creating healthy, practical and balanced developments - perhaps far more than we might give them credit for. They are versed in not only the laws (ie ordinances), but also design landscapes with preservation, tree canopy and with regard to local master and comprehensive plans in mind.
Overall, drafting the ordinance was challenging in order to "satisfy a passionate community," but Noah was pleased to complete a draft that "garnered support from both resident and officials."
How will the tree ordinance affect the Town's efforts to tackle affordable housing? How does this tree ordinance complement Port Royal's 2030 Comprehensive Plan? What type of development will steep fees encourage or discourage? Will it encourage redeveloping existing buildings over building new ones? Can we expect a groovey, far from ordinary mom and pop shop to build in a T4NC if there is a tree or two to be cut down?
What happens when we have "enough" trees? What does this look like in practice when I decide to put a pool or garage in and my mitigation fees to remove two 20" specimen pines is $30,000? How will Port Royal look and benefit in 10, 20 or 50 years? Will it be able to maintain the tree canopy or perhaps even expand and better develop it? How much will it benefit the local wildlife?
Overall, most would agree that the tree ordinance is a step in the right direction and quite the feat for a small town like Port Royal. Perhaps that's what makes us so cool, coastal and far from ordinary, right? We're yet to see how it all unfolds, but kudos to the Town for their accomplishment and for the insight to review the ordinance to see how it is doing over the course of time.
A special thank you to Noah Krepps and all of his help in both drafting the ordinance, but also breaking it down for us to digest.
Noah joins us with a BS in Regional Planning with a concentration in Environmental Planning. He interned with the Pennsylvania Bureau of Forestry and has worked with Beaufort County's and Port Royal's Planning Departments.
Want to learn more? Check out these great links below:
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