Cutting trees not just a cost of doing business
No mere fine will replace the lush trees that softened the asphalt landscape in front of the Galleria shopping center. They fell to chainsaws in April despite a Wilmington ordinance that requires a permit. It will take years, maybe decades, for any new trees planted to reach the fullness and height of the largest of the trees, a magnificent live oak.
This isn’t an “oops” moment; those trees are gone. The city has fined the developer, State Street Galleria LLC, $13,100 for cutting down six protected trees without a permit. The developer, who as of Monday had not responded to the city’s action, has the right to appeal, so it is possible the company will pay much less, or nothing at all.
Wilmington’s tree ordinance requires commercial developers to submit plans showing the protected trees on the property, with the goal of saving as many as logistically possible. While the ordinance does not prohibit cutting down protected trees, it does require planting several new trees for each one cut.
This ordinance has been in place for many years, and it is one of many regulations developers must follow if they want to build in Wilmington. It was put in place to recognize the aesthetic and practical value of mature shade trees.
Protected trees include mature hardwoods and flowering trees, as well as large pine trees, as judged by the size of their trunks. The trees felled at the former Galleria center ranged from 13 to 34 inches in diameter.
State Street bought the 12-acre site, formerly part of Wrightsville Beach, in 2013 for $3.76 million. After the town denied a request to rezone the commercial site for mixed residential and business use, the developer insisted the property be de-annexed. It was annexed by Wilmington at the developer’s request and immediately approved for mixed-use development.
City officials say the plans include moving parking around the back of the buildings and generous landscaping to provide better curb appeal than the old shopping center had. That is admirable, but given the company’s failure to comply with regulations that were enacted with considerable public support, it becomes difficult to trust such assurances.
Wilmington Mayor Bill Saffo, who is in the development business himself, says developers sometimes complain about the permit requirement, but overall he believes that most comply willingly. It also makes good economic sense — shade trees add curb appeal.
By now there should be no doubt residents of the Cape Fear region love their trees. Consider the reactions to Duke Energy’s heavy-handed tree-trimming practices, or to the demise of the huge live oak tree on Market Street, known as the Sonic Oak, to make way for a new turning lane.
After the Sonic Oak fell, state Rep. Susi Hamilton filed a bill that would require the DOT to give “heritage trees” — designated by local governing boards as a significant tree worth saving — the same consideration in planning roads as cemeteries and parks. It passed the House but so far has not progressed in the Senate.
As we’ve seen, however, regulations are only as good as the ability to enforce them. Wilmington’s tree ordinance is largely complaint-driven; it is up to the developer to mark significant trees when submitting a plan and to apply for a permit, and officials cannot possibly know the location of every tree in the jurisdiction.
Vigilance by residents who want to see the area’s beautiful shade trees protected is the best defense against arbitrary clear cutting. (The city found out about the Galleria trees from a member of the Lumina News staff who drove by the site.)
It also doesn’t hurt to remind public officials often of the high value we place on our landscape of green.
