SILVICULTURE APPLICATION REQUIREMENTS- Section 10-4.207

1. Scope. A request to remove trees by conducting a silvicultural activity which is a bona fide agricultural activity as defined in section 10-1.101 of the Leon County Code, for which the property appraiser has granted an exemption for the purposes of growing crops, timbering or raising animal stock, fish or poultry. Approval under this section is not required when the only management activity is tree planting and/or prescribed burning including suppression plowing.
2. Application for Silviculture Activities. Application for silviculture activities shall be made by the submission environmental management stormwater permit application or a silviculture notice of intent as defined below. In all silviculture operations all state approved best management practices, specified in section 10-4.201(e), Section 10-1.101 and described in subsection 5(3) below. Silviculture permits shall be followed within the urban services area. The USA is that area which includes all of the City of Tallahassee and a portion of the county as established and defined by the Tallahassee-Leon County 2010 Comprehensive Plan.
3. Permits Required.
   An environmental management permit consistent with section 10-4.204(a) shall be required for the following silvicultural activities:
   1. Inside the urban service as defined by the Tallahassee-Leon County Comprehensive Plan, as amended for sites 10 acres and less in size.
   2. For any site where the extent of site activity and disturbance will result in adverse impacts to downhill properties.
   3. Within canopy road tree protection zones. The special conditions listed in Section 10-4.206(b)(4) d.2., and referenced in subsection 6.(2)b. below, limit the removal of trees under good forestry/silviculture practices when conducted in accordance with an approved environmental management permit.
   4. Single Family Residential. A tree may be removed on a lot which is 10 acres or less in size, with an existing single family dwelling unit, as authorized under Section 10-4.362(c), pertaining to the single family tree removal exemption, without obtaining a silviculture permit. This provision does not waive requirements for a storm water management permit that may be necessitated by the extent of site disturbance created by the development activity.
4. Silviculture Notice of Intent.
   A Silviculture notice of intent is required for the following Silviculture activities:
   1. Inside the urban service area as defined by the Tallahassee-Leon County Comprehensive Plan, sites greater than 10 acres in size, which will have limited site activity and disturbance and is not within a canopy road tree protection zone as defined in Section 10-1.
   2. Outside the urban service area if the extent of site disturbance does not necessitate a stormwater management and erosion control plan and if the activity is not within a canopy road protection zone as defined in Section 10-1.101.
5. Plan Requirements.
   1. Site Plan. The application shall include a site plan depicting property, boundary lines, conservation or preservation areas on or adjacent to the site, access roads, buffers, areas requiring Best Management Practices (BMP¹s), harvest area and reforestation areas.
   2. Silviculture Management Plan. A plan prepared by a qualified forester outlining the particular proposed silviculture management system and ultimate management goals of a silviculture operation shall be submitted with the environmental management permit application. The project narrative shall include a description of the operation, size of parcel to be harvested, range and species of trees to be harvested, methods of harvest, replanting schedule and description of Best Management Practices (BMP¹s);
   3. Best management practice (BMP) shall mean a practice or principle designed to reduce and manage pollution, the adverse impact of changes in the natural ecosystem, and in some cases, protect wildlife and habitat. These principles and practices are generally outlined in the latest updated version of various BMP manuals, including Silviculture Best Management Practices.
6. Silviculture Activities in a Canopy Road Protection Zone.
   1. Application review. Only the board shall have power to grant or deny permit applications for removal of trees within a canopy road tree protection zone, except that the county administrator or his or her designee shall have the power to grant or deny permit applications for the removal of trees or other vegetation under the additional conditions listed in subsection (2) below. The following standards must be met at a minimum in order to receive permit approval:
      1. Applicant must show that the proposed clearing or tree removal is necessary for protection of the health, safety, and welfare of the public.
      2. As part of the proposed mitigation plan, any part of the canopy road tree protection zone that is cleared or has trees removed from it must be widened by the same amount that was removed, with such replacement area to be replanted in a manner sufficient to reestablish the canopy effect and the understory density, species composition, and species and size distribution of the impacted area within a reasonable time, and to be protected by a conservation easement.
      3. The applicant must show that any proposed cut into the canopy road will be designed and dedicated to serve more than one property unless the applicant can show that such joint access would be impossible under the circumstances of the specific site.
   2. In addition to the standards above, the county administrator or his or her designee shall grant permit applications for the removal of trees or other vegetation only when one of the following conditions exist:
      1. Diseased or pest-infested trees. Necessity to remove a diseased or pest-infested tree to prevent the spread of the disease or pest.
      2. Good forestry/silviculture practices. Necessity to provide silviculture practice or operation under a silviculture management plan in order to enhance the overall canopy, reduce competition between trees and to remove exotic species and replace them with native species. The following special conditions shall further limit the removal of trees under good forestry/silviculture practices: Good forestry/silviculture practices. Necessity to provide silviculture practice or operation under a silviculture management plan in order to enhance the overall canopy, reduce competition between trees and to remove exotic species and replace them with native species. The following special conditions shall further limit the removal of trees under good forestry/silviculture practices:
      1. Clear-cut harvesting is prohibited.
      2. Selective harvesting may be conducted to the extent that no more than 25 percent of all trees within 25 feet to 50 feet of the centerline of the road or 50 percent of all trees from 51 feet to 100 feet from the centerline of the road shall be removed. The residual stand shall maintain the approximate proportion of diameter classes present prior to harvesting.
      3. Repeated entry into a harvested canopy road zone shall be limited to once every ten years, less if exclusively for the purposes of minimizing competition between trees.
      4. No trees will be harvested or significantly damaged, as defined under section 10-1, Tree removal, on the road bank, shoulder or county right-of-way.
      5. Removal techniques will be utilized that minimize any adverse impacts or damage to the residual trees.
   3. Reasonable access. Removal of protected trees may be allowed under this section, if the proposed single-family residential development activity is found to be in compliance with the special restrictions as defined under section 10-6.707(c), Development standards.
7. Special Conditions. All silviculture operations shall leave a buffer in an unaltered state within 25 feet from every county or city road right-of-way. Expiration.
   1. Environmental management plans and silviculture notice of intents shall expire 12 months after issuance.
   2. An extension may be granted if requested by the applicant and approved by the director.