New Castle County on Tree/Forest Preservation

Forest Preservation Ordinance

New Castle also adopted Forest Preservation Ordinance in Dec. 2021. The code includes such terms as Afforestation Standards and Critical Root Zone (CRZ):

Sec. 40.04.241 Afforestation Standards.

Major land development plans and minor nonresidential land development plans must provide afforestation. This Section establishes the requirement for forest or tree cover on sites that are not presently forested or where existing forest or tree cover is less than the afforestation ratio required by the associated zoning district. A. The afforestation ratio consists of the ratio of the total forest cover area or tree cover area to the entire site. Table 40.04.241 provides the minimum afforestation ratios for development in corresponding zoning districts. Areas of active cultivation may be excluded from the calculation for this requirement.

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Critical Root Zone (CRZ). The protected area around the base of a tree.

A. The CRZ is the zone in which the majority of a tree’s roots are found that supply nutrients and water to the tree. In ideal growing conditions, a tree’s roots are often concentrated in the upper 12 to 18 inches of soil.

B. To determine the CRZ utilize one of two methods: The CRZ is delineated by the greater of either:

1. The outer drip line of the tree canopy or;

2. The tree diameter at breast height (DBH),

then multiply the diameter by a standard factor of 1.5 feet. For example, an 18-inch diameter tree would have a CRZ of 27 feet (18 inches x 1.5 feet) measured radially from the center of the tree trunk.

Tree protection in New Castle County:

Sec. 40.10.135. - Forests.

Trees may be cut over a greater area than permitted in Table 40.05.420 only if mitigation is provided and the following standards are met:

A.  A tree survey of the site's forest shall be conducted by a landscape architect, arborist or forester and submitted to the Department for review and approval. The best forests, in terms of percentage of climax vegetation, tree size, tree health, and habitat value, shall be given the highest priority for preservation.

E.  The plant types (trees, shrubs, etc.) used in mitigation shall be similar to those removed and be of native or indigenous species as approved by the Department (see Appendix 3 to this Chapter).

Sec. 40.10.163. - Recharge areas and Cockeysville Formation drainage areas.

A.  When impervious cover is proposed by the applicant at a rate greater than twenty (20) percent of the site, the applicant shall be required to demonstrate that the quality of stormwater run-off is equal to or greater than pre-development conditions and the quantity of stormwater run-off is equal to or less than pre-development conditions.

B.  Those areas of open space not currently forested, shall have a minimum of twenty-five (25) percent of their area reforested pursuant to Section 40.10.351. The Department may reduce this requirement where the applicant prepares an Environmental Impact Assessment Report demonstrating to the satisfaction of the Department that reforestation will result in more than a twenty (20) percent loss in groundwater recharge due to the soils and hydrogeologic conditions of the site. The report shall include an annual water budget compiled on a month by month basis comparing existing and post-development mature forest conditions. Applicants shall submit information regarding the types of trees evaluated, soil conditions (including percolation rates), pH types, assumptions regarding rainfall events, and topography. The report shall also include a water quality analysis comparing the water quality benefits of mature forest cover to the proposed alternative ground cover.

All natural resources. Clearing shall be permitted only under the following conditions:

A.  To prepare land for a use permitted by this Chapter; or

B.  As a reforestation measure, or to enhance or improve the quality of existing vegetation or as a means to eliminate dead, diseased, or hazardous tree stands.

Where a clearcutting operation is deemed permissible for one of the reasons stated in this Subsection, it shall be consistent with the terms of a forest management plan approved by the Department, following review and comment by the State Department of Agriculture Division of Forest Services.

Sec. 40.10.233. - Golf courses.

C.  Forests. No area of protected forest shall be used for golf courses if the tree cover is to be disturbed