Tree removal without a permit — replacement at twice the inches, plus fines

Websitecodelibrary.amlegal.com

Published byMount Pleasant Code of Ordinances

REPLACEMENT. § 156.702(K): "(1) Replacement for trees protected by this subchapter that are removed without permission shall be calculated by twice the number of inches removed. (2) If the DBH inches of the removed tree cannot be determined, replacement shall be based on the stump diameter. Where there is no stump to calculate the diameter of the illegally removed tree, replacement shall be calculated based on the tree having been 24 inches." PENALTY. § 156.709(C): violation "shall be classified as a misdemeanor punishable by a maximum $500 fine and/or a maximum of 30 days imprisonment, and/or shall be subject to a civil penalty that shall not exceed $1,000 not including attorney's fees and costs to collect and enforce the civil penalty including, but not limited to, any proceedings to create a lien on any property owned by the owner of the property for any unpaid civil penalties." § 156.709(C)(2): "Each tree removed or destroyed in violation of this subchapter represents a separate offense." (C)(3): "Each day of violation also represents a separate offense." (C)(4): any person or firm "who commits, participates, or assists in such violation may each be found guilty of a separate offense." § 156.709(A) allows the Zoning Administrator to issue a stop work order. The Town's Tree Protection page states removal without an issued and displayed permit "will result in a fine to both the homeowner AND the tree removal company." DISPLAY. § 156.702(B): the permit "shall be clearly displayed in an obvious and noticeable location, such as a window or storm door, for review during the removal process. Failure to do so is a violation of this chapter and subject to the provisions of § 156.709." Also: § 156.702(A)(6) — "Tree removal permits will not be issued on properties where outstanding mitigation has not been satisfied."

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Jim Deutsch

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Jim farms seven Mount Pleasant neighborhoods specifically — not “the Charleston area.” That is the whole point of this index: one agent who knows which street floods, which floor plan appraises, and what the last eleven sales actually closed at, because he keeps the record himself.

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