Summary of Tree Clearing in Subdivisions

TREE CLEARING IN SUBDIVISIONS ADMINISTRATIVE CHANGE

Summary

The Planning Board is proposing a clarification to the Subdivision Ordinance to explicitly prohibit tree clearing for the purpose of development prior to final subdivision approval. While the Ordinance already prohibits “development” before plan approval, tree clearing occupies a gray area because timber harvesting is otherwise regulated by the Maine Forest Service. This clarification prevents tree removal during the application process, altering site characteristics and complicating the review of stormwater design, wildlife impacts, and “limits of clearing” on the final plans.

Current vs. Proposed Tree Clearing in Subdivisions
            Aspect                          Current                       Proposed
 Tree clearing prior to          Ordinance prohibits            Adds specific prohibition on
 subdivision approval            “development,” but cutting     tree clearing for purposes of
                                 trees is not explicitly        development, including
                                 included unless in a           clearing of road corridors,
                                 shoreland or protected         house sites, utilities, or
                                 district.                      grading areas prior to final
                                                                approval.
 Ordinance clarity               Does clearing the trees for    Normal forestry apart from
                                 the roadway and the home       subdivision review is
                                 sites constitute               unaffected while tree
                                 “development?”                 cutting for development is
                                                                spelled out and controlled.

Why the Change? Subdivision stormwater analyses assume existing forest cover for runoff modeling and phosphorus loading calculations. Premature clearing invalidates these assumptions and can result in under-designed stormwater systems. The Ordinance requires delineation of clearing limits on subdivision plans to control lot owner expansion of the development area and impacts. If clearing occurs beforehand, the Planning Board loses the ability to evaluate whether the proposal meets performance standards.