§ 160A-458.5. Restriction of certain forestry activities prohibited. - North Carolina Statutes

§ 160A‑458.5.  Restriction of certain forestryactivities prohibited.

(a)        The following definitions apply to this section:

(1)        Development. – Any activity, including timber harvesting,that is associated with the conversion of forestland to nonforest use.

(2)        Forest management plan. – A document that defines alandowner's forest management objectives and describes specific measures to betaken to achieve those objectives. A forest management plan shall includesilvicultural practices that both ensure optimal forest productivity andenvironmental protection of land by either commercially growing timber throughthe establishment of forest stands or by ensuring the proper regeneration offorest stands to commercial levels of production after the harvest of timber.

(3)        Forestland. – Land that is devoted to growing trees for theproduction of timber, wood, and other forest products.

(4)        Forestry. – The professional practice embracing the science,business, and art of creating, conserving, and managing forests and forestlandfor the sustained use and enjoyment of their resources, materials, or otherforest products.

(5)        Forestry activity. – Any activity associated with thegrowing, managing, harvesting, and related transportation, reforestation, orprotection of trees and timber, provided that such activities comply withexisting State rules and regulations pertaining to forestry.

(b)        A city shall not adopt or enforce any ordinance, rule,regulation, or resolution that regulates either:

(1)        Forestry activity on forestland that is taxed on the basisof its present‑use value as forestland under Article 12 of Chapter 105 ofthe General Statutes.

(2)        Forestry activity that is conducted in accordance with aforest management plan that is prepared or approved by a forester registered inaccordance with Chapter 89B of the General Statutes.

(c)        This section shall not be construed to limit, expand, orotherwise alter the authority of a city to:

(1)        Regulate activity associated with development. A city maydeny a building permit or refuse to approve a site or subdivision plan foreither a period of up to:

a.         Three years after the completion of a timber harvest if theharvest results in the removal of all or substantially all of the trees thatwere protected under city regulations governing development from the tract ofland for which the permit or approval is sought.

b.         Five years after the completion of a timber harvest if theharvest results in the removal of all or substantially all of the trees thatwere protected under city regulations governing development from the tract ofland for which the permit or approval is sought and the harvest was a willfulviolation of the city regulations.

(2)        Regulate trees pursuant to any local act of the GeneralAssembly.

(3)        Adopt ordinances that are necessary to comply with anyfederal or State law, regulation, or rule.

(4)        Exercise its planning or zoning authority under thisArticle.

(5)        Regulate and protect streets under Article 15 of thisChapter. (2005‑447, s. 2.)