[Massplanners] Tree Protection & Nat. Resource Protection Bylaws

CJ Lammers lammers at csld.edu
Fri Jul 1 14:39:28 EDT 2022


The state of Maryland has a Forest Conservation Act
<https://dnr.maryland.gov/forests/Pages/programapps/newfca.aspx> that
requires compensation for clearing over a certain amount and providing
either on-site or off-site  preservation or reforestation (at a forest
conservation bank on someone else's property). Same as here, each
jurisdiction implements it differently but must meet the minimum standards.
If preservation is done off-site it must be 2:1 (two acres preserved for
each acre of requirement). I think it was first adopted in 1990 and has
undergone some significant upgrades, especially in the last few years when
they passed a "no net loss" of forests policy. Please note that it's not a
1:1 requirement, there are some calculations to come up with the required
acres of mitigation.

CJ Lammers
(former Environmental Planner in Maryland)

On Fri, Jul 1, 2022 at 11:48 AM Town Administration via MassPlanners <
massplanners at masscptc.org> wrote:

> So, I was thinking about the angst that a lot of us have been feeling
> about the inability to regulate (or deny) utility-scale solar in rural or
> wooded areas.
>
> The whole 40A sec. 3 exemption not withstanding, how about an alternative
> approach to, instead, draft a conservation bylaw?  perhaps one that
> prohibits large-scale cutting of old-growth forest of more than (say) two
> acres without an approved plan for regrowth and replacement on the same
> land?
>
> Respectfully,
>
> - Doug.
> -----------------------------
> Douglas Finn, Administrative Assistant
> Town of Westhampton
> 1 South Road
> Westhampton, MA 01027
> 413-203-3086
> ------------------------------
> *From:* MassPlanners <massplanners-bounces at masscptc.org> on behalf of
> Richard McCarthy via MassPlanners <massplanners at masscptc.org>
> *Sent:* Friday, July 1, 2022 11:39 AM
> *To:* Laura Harbottle <lharbottle at doverma.gov>
> *Cc:* massplanners at masscptc.org <massplanners at masscptc.org>
> *Subject:* Re: [Massplanners] Tree Protection & Nat. Resource Protection
> Bylaws
>
> CAUTION: This email originated from outside your organization. Exercise
> caution when opening attachments or clicking links, especially from unknown
> senders.
>
> Laura,
>
> How would you dealing with ground mounted solar?  I still struggle with
> clear cutting acres of woodland for ground mounted solar.  We have two
> woodland sites that were clear cut just doesn’t feel like a total gain
> environmental.  I would prefer strongly incentives for roofed mounted,
> solar canopies, 21E sites and placement and placement on existing
> impervious surfaces.
>
> Just curious.
>
> Richard McCarthy
> Town Planner
>
> Sent from my iPad
>
> > On Jun 28, 2022, at 9:52 AM, Laura Harbottle via MassPlanners <
> massplanners at masscptc.org> wrote:
> >
> > 
> > Good morning planners, natural resource nonprofits and consultants,
> > The Town of Dover has received some modest funding to develop Tree
> Protection and Natural Resource Protection bylaws. The intent is to protect
> healthy, mature trees and wetland buffers, floodplains, native vegetation
> and similar resources on both public and private property. The Tree
> Protection could be zoning or a general bylaw, the Natural Resource
> Protection will most likely be a zoning bylaw.
> >
> > It would be helpful to receive information about for-profit and
> nonprofit firms who recently developed similar bylaws, including RFP's,
> costs, successes and lessons learned. It would be great to hear from Towns
> with bylaws where a process for monitoring and enforcement was identified.
> >
> > Thanks so much!
> >
> > Laura Harbottle AICP, CFM
> > Interim Town Planner
> > 5 Springdale Ave.
> > Dover, MA  02030
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-- 

*CJ Lammers, *Projects Manager

*The Conway School <https://csld.edu/>**, **Northampton, MA*

*Celebrating our 50th year 2022-2023*



*The Conway Institute <https://csld.edu/institute/>, *Program Manager

*continuing education through online and hybrid courses and talks*

office: 413-369-4044 mobile: *413-270-2372*

*she/her pronouns*
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