Tree Protection Ordinance

No person shall cut, destroy, cause to be destroyed, move or remove any tree within the Town limits of Hilton Head Island without first obtaining a tree protection approval as required below.

How to apply for Tree Protection Approval

Complete the following form:

Tree Protection Approval Application

A tree protection approval application shall include the following items:

An application form as published by the Administrator and appropriate fee as required by Section 16-3-105 of the LMO.
A complete tree survey, as described in Section 16-3-405 of the LMO;
A brief written narrative of proposed plans for tree protection and replacement;
A complete tree tally sheet listing trees by category (See Section 16-6-405 of the LMO).
A complete site development plan showing utility lines, grading activities, and building elevations in relation to existing trees and denoting trees to be removed with an "X";
Replacement or supplemental tree planting schedule, if required.

Persons applying for minor construction or alteration to existing development may submit a sketch of the trees on the site and the proposed building in lieu of numbers 2, 4, 5, and 6 above. Tree planting requirements for this activity shall be based on the size and species of trees removed.

Public projects shall submit items 1, 2, 3, 5, and 6. A count of the number of trees removed in each Category that are 12 inches in DBH or greater shall be submitted in lieu of item 4. Tree planting requirements will be based on this count at the replacement rate of one tree for every ten inches in DBH removed or an appropriate amount as determined by the Administrator. Size of trees shall be as required in Section 16-6-406.E of the LMO.

Exceptions

The requirements of this Title shall be adhered to except:

During an emergency such as a hurricane, tornado, ice or wind storm, flood or any other such act of nature; or
If the failure to remove a tree would constitute an imminent danger to the environment, property, public health, safety or welfare due to the hazardous or dangerous condition of such tree. Such removal shall be reported to the Administrator within 3 days.
For necessary tree removal by a utility company consistent with plans submitted periodically, but not less than annually, to the Administrator for approval pursuant to Chapter 5, Article XVII in the LMO. Such plans shall include appropriate provision for removal of any felled trees.
For the transplanting of trees, or for routine or seasonal pruning (see the LMO, Section 16-5-810 for restrictions on limbing trees in designated buffers) provided that pruning is done according to guidelines of the International Society of Arboriculture, as published in the Arborist Certification Guide. Trees over 6 inches Diameter at Breast Height (DBH) may not be topped, except as noted in Paragraph 5 below. Removal of more than 30 percent of the leafsurface at any one time shall be considered tree removal, and shall be treated as such. Heavy pruning (20-30% of the tree's foliage) shall be restricted to once every three years unless otherwise permitted by the Administrator. The use of climbing spikes on trees that are not being removed is prohibited.
For topping of trees for the maintenance of the slope approaches to Hilton Head Island Airport referenced in Chapter 4, Article IV of the LMO, on airport property only.

Reasonable tree planting may be required by the Administrator in the above situations.

Approval Letter for Proposed Removal of Trees

An approval letter is required for any development Exempt from Approval as defined in the LMO, Section 16-3-302.A., C., F., and G, or any non-development activity, which involves removal, destruction or damage of any tree. The request for an approval letter shall be submitted to the Administrator and, unless waived by the Administrator, shall be in the form of a brief written narrative stating the reason for the proposed work and either a site sketch or photograph of the tree proposed to be removed, identifying such tree by DBH, species and category. The Administrator, consistent with the purposes of this Title, shall advise the applicant as soon as possible whether such proposed tree removal has been approved and whether tree planting will be required. At the discretion of the Administrator, no more than 60% of the required tree planting on golf courses may be substituted for other environmental improvements, such as establishing native plants in lagoons to improve water quality and wildlife habitat or reestablishing understory vegetation in forested areas of the course.

Tree Survey

The tree survey shall be in the form of a map or a site plan prepared and sealed by a registered land surveyor within 2 years of the date of application. The survey shall be at the same scale as the required site development plan and shall include the following information:
- The location of all trees 6 inches DBH or greater within the areas to be modified and 25 feet beyond in each direction or to the property line, whichever is less;
- Any trees less than 6 inches DBH which the applicant wishes to count toward the minimum standard of tree coverage on the site; and
- The species and DBH of all trees.
Road rights-of-way, single family subdivisions, athletic fields, airport runways and golf courses shall be exempt from the minimum standard of tree coverage, as described in Section 16-6-404 of the LMO. The applicant shall, however, make all reasonable efforts to save significant trees and stands of trees. In these cases, at the discretion of the Administrator, a centerline field inspection may relieve the applicant of the tree survey requirement. Reasonable tree replanting may be required by the Administrator for these uses.

Tree Survey Inspection

Following the receipt of a completed tree protection approval application, the Administrator shall conduct an inspection of the proposed development site. During this inspection, the Administrator shall assess the accuracy of the tree survey, check the condition of trees to be preserved, and inspect the site for any unusual features or specimen trees. Following the inspection, the Administrator, consistent with the purposes of this Article, shall advise the applicant of any recommended changes in the applicant's proposed tree removal, protection or planting plans. Review and Action by Administrator

Following review of a completed tree protection approval application and tree survey inspection, the Administrator shall either approve, approve with conditions, or disapprove the application.
Tree approval does not authorize any tree removal or development activity until such time as development plan approval is granted.

Appeal

Appeals of administrative decisions made by the Administrator shall be made to the Board of Zoning Appeals within 14 calendar days of receipt of the decision, in accordance with the procedures in Article XX of the LMO.

Expiration of Approval

A tree protection approval shall expire at the time of expiration of the associated site development plan.
Where development plan approval is not required, the applicant shall have one year to complete the approved activity.

Additional Tree Information

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