TREE PROTECTION REQUIREMENTS

Charleston, S.C., Zoning Ordinance art. 3, pt. 6

in effect

Charleston, S.C., Zoning Ordinance § 54-325 Intent.

Sec. 54-325. - Intent. This Ordinance is intended to protect trees by regulating the cutting down, damaging, planting and replacement of trees. This Ordinance is not intended to prohibit agriculture, silviculture, horticulture or nursery operations within the city.

Charleston, S.C., Zoning Ordinance § 54-326 Exemptions.

Sec. 54-326. - Exemptions. The regulations set forth herein shall apply to all real property within the city limits of Charleston, subject to the following exemptions: a. Residential Exemption. Lots equal to or less than one (1) acre that are zoned RR-1, SR-1, SR-2, SR-3, SR-4, SR-5, SR-6 (Single-Family Residential), SR-7, SR-8 (Single-Family Residential) or STR (Single and Two Family Residential) or used exclusively for single-family detached or duplex dwellings, shall be exempt from the provisions of this Ordinance, except those relating to grand trees, provided, however, in the initial development of a lot greater than one (1) acre, subdivided or developed after the effective date of this Ordinance for use as RR-1, SR-1, SR-2, SR-3, SR-4, SR-5, SR-6 (Single-Family Residential), SR-7, SR-8 (Single-Family Residential) or STR (Single and Two Family Residential) such development shall be subject to the provisions of this Ordinance. Individual lots equal to or less than one (1) acre sold thereafter shall be exempt from the provisions of this Ordinance, except those relating to grand trees. For lots zoned RR-1, SR-1, SR-2, SR-3, SR-4, SR-5, SR-6 (Single-Family Residential), SR-7, SR-8 (Single-Family Residential) or STR (Single and Two Family Residential) if a change of zoning has been requested to a zoning classification other than RR-1, SR-1, SR-2, SR-3, SR-4, SR-5, SR-6 (Single-Family Residential), SR-7, SR-8 (Single-Family Residential) or STR (Single and Two Family Residential) said lot cannot be cleared prior to the decision on the rezoning by the Planning Commission. b. Commercial Timber Operations. Commercial timber operations shall be exempt from the provisions of this Ordinance, except that a fifty foot (50′) buffer of existing trees shall be maintained adjacent to all public rights-of-way. c. Wetlands Mitigation. The mitigation of wetlands pursuant to a development order or approved plan from, and the requirements of, the South Carolina DHEC-OCRM or the Army Corps of Engineers shall be exempt from the provisions of this Ordinance. d. Commercial Tree Operation Exemption. Trees grown specifically for sale by commercial nurseries are exempt from the provisions of this Ordinance. e. Agricultural Exemption. Any bona fide agricultural use shall be exempt from the provisions of this Ordinance. f. Airports. Removal of trees for the purposes of maintaining safe clearance for aircraft as required by federal law or the establishment of facilities exclusively dedicated to aviation operations by the Charleston County Aviation Authority will be exempt from the provisions of this Ordinance. g. Utility Companies, Electric Suppliers and Governmental Agencies. Utility companies, electric suppliers and governmental agencies constructing or maintaining easements for water, sewer, electricity, gas, drainage, telephone or television transmission or rights-of-way shall be exempt from the provisions of this Ordinance if the applicable company, supplier or agency has executed an Agreement with the City which, at a minimum: 1) recognizes the need to minimize the cutting or trimming of grand trees which do not frustrate or substantially interfere with the intended purpose of construction or maintenance; 2) establishes, to the extent feasible, design guidelines for construction and maintenance which identifies the saving of grand trees as a factor to be considered in the design process; 3) allows for a consultation process with the City prior to the commencement of major construction or maintenance or the removal of grand trees; and 4) provides that a breach of such Agreement constitutes a violation of this ordinance and a loss of exemption from the requirements of this Ordinance. h. Nothing in this article shall be construed to prevent the ordinary cutting, trimming and maintenance of a tree; nor shall anything in this article be construed to prevent the cutting or removal of any tree which the authorized municipal officers shall certify as required for public safety. (Ord. No. 1999-22, § 5, 3-10-99; Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 2001-44, § 6, 5-8-01; Ord. No. 2002-19, § 3, 2-12-02)

Charleston, S.C., Zoning Ordinance § 54-327 Tree removal restrictions.

Sec. 54-327. - Tree removal restrictions. a. Protection of Grand Trees. The removal, relocation, destruction or abuse in any manner of any grand tree (24″ or greater D.B.H., excluding pine trees and sweetgum trees) is prohibited on any parcel of non-exempt land unless a variance, special exception, or staff approval has been obtained pursuant to Section 54-329. For subdivisions, the siting of a lot so as to place a grand tree at or near the center of a lot in a location that will require the removal of the grand tree for construction of a dwelling unit, shall be prohibited. b. Protected Trees Prior to Development. Where a building permit or subdivision approval has not been issued, the removal, relocation, destruction or abuse in any manner of more than twenty-five percent (25%) of the protected trees (8″ or greater D.B.H.) on any one (1) parcel of non-exempt land within any five (5) year period shall be prohibited. The total number of protected trees existing on any one parcel shall not be reduced below a total number equal to fifteen (15) protected trees per acre. c. Protected trees during or after development. The removal, relocation, destruction or abuse in any manner of protected trees required to be saved by this Chapter is prohibited. For parcels of land proposed for development, a minimum number of protected trees on the entire parcel equal to fifteen (15) protected trees per acre shall be saved. For parcels containing less than fifteen (15) protected trees per acre, the total number of protected trees required to be saved shall equal the total number of protected trees existing on the parcel. Grand trees to be saved may be used to calculate the total number of protected trees to be saved. d. Protection of Tree Colonnades and Allees. The removal, relocation, destruction or abuse in any manner of any protected tree within a colonnade or allee is prohibited on any parcel of non-exempt land. For the purpose of this ordinance, a colonnade or allee is defined as any two (2) or more parallel rows of trees of the same species with a minimum of four (4) trees total and a minimum of two (2) trees measuring twenty inches (20″) or greater D.B.H., except for pine trees and parallel rows of trees with a public right-of-way in the center which are exempt from this definition. e. This Ordinance shall not restrict the ability of the City of Charleston, public utilities, and electric suppliers from maintaining safe clearance around utility lines. f. The area of existing utility and drainage easements may be subtracted from the total site area for the purpose of calculating the number of protected trees required to be saved. g. The following standards shall apply regarding the removal and disposal of trees and vegetation associated with land development approved by the Subdivision Review Committee and/or the Technical Review Committee: Definitions. For the purpose of this subsection, the following items shall be defined as follows: 1. "Burning" means the setting on fire, igniting of or combustion of any trees, understory trees, brush or other vegetation. 2. "Incineration" means the process of lighting and burning trees, understory trees, brush or other vegetation. 3. "Incinerator" means any instrument or devise used or intended for the purpose of incineration. No person, firm or corporation shall incinerate and/or burn any trees, understory trees, brush or other vegetation or cause the process of incineration to take place and/or use an incinerator when clearing trees, understory trees, brush or other vegetation for an approved residential subdivision and/or any other approved development land in the City of Charleston. (Ord. No. 2000-10, § 1, 1-25-00; Ord. No. 2002-19, § 4, 2-12-02; Ord. No. 2007-118, § 1, 6-19-07; Ord. No. 2009-209, § 1, 10-13-09; Ord. No. 2012-375, § 1, 9-25-12)

Charleston, S.C., Zoning Ordinance § 54-328 Tree survey requirements.

Sec. 54-328. - Tree survey requirements. a. Application for a building permit. Application for a building permit where protected trees are proposed to be removed shall require the submission of a site plan or plat which includes the following: 1. A tree survey overlay at the same scale as the site plan or plat, which locates all protected trees identified by D.B.H. and species. Dead or diseased trees shall be identified. Groups of trees in close proximity, (i.e. those within five feet of each other) may be designated as a clump of trees, with the predominant species, estimated number and average diameter indicated. All tree surveys shall be prepared by a licensed landscape architect, surveyor or engineer registered in South Carolina and shall have an accuracy of plus or minus three feet ( 3′). For developments including but not limited to golf courses, parks, playgrounds or other outdoor public recreational developments and cemeteries, which exceed ten (10) acres, an aerial photograph or a print of equal quality may be substituted for a tree survey with the approval of the Zoning Administrator in instances where the Zoning Administrator determines that they would provide the same information as the tree survey; 2. Location of all existing and proposed structures, improvements, rights-of-way, and easements on the property and designation of all public rights-of-way and other public lands adjacent to the property; 3. Designation of protected trees to be saved and those to be relocated or removed; 4. An illustration of how trees are to be protected during development in accordance with the standards set forth in Section 54-330; 5. If existing protected trees are to be relocated, a designation of the location where they are proposed to be replanted. If protected trees are to be replaced, the size and species of recommended trees that are proposed and the location where they are proposed to be replanted; 6. Any proposed changes in grade or drainage on the property with an illustration of how protected trees are to be maintained; 7. The name, signature, seal and address of the site surveyor, who shall be responsible for the accuracy of the information provided. b. Application for subdivision approval. Application for subdivision approval where protected trees are proposed to be impacted shall require the following information in addition to plat information required by Section 54-810 and 54-811: 1. A tree survey overlay on the plat which locates all grand trees identified by D.B.H. and species. Dead or diseased trees shall be identified. All tree surveys for subdivisions involving the construction of roads or drainage easements shall be performed by a licensed, registered surveyor and shall have an accuracy of plus or minus three feet ( 3′). All other tree surveys shall be prepared by a landscape architect, surveyor or engineer registered in South Carolina and shall have an accuracy of plus or minus three feet ( 3′); 2. Limits of areas proposed to be clearcut for proposed structures, improvements, rights-of-way, and easements. Clearcutting beyond the limits as shown on the plat or site plan shall not be permitted. 3. A tree protection plan showing how grand trees located in development areas are to be protected during development in accordance with the standards set forth in Section 54-330.

Charleston, S.C., Zoning Ordinance § 54-329 Standards for approval to remove trees.

Sec. 54-329. - Standards for approval to remove trees. a. The removal of a protected tree, that is not a grand tree, in violation of the standards set forth in Section 54-327 shall be approved if the Zoning Administrator finds that one or more of the following conditions exist. Trees removed under the following conditions shall require replacement with two (2), two and one-half inch (2½″) caliper recommended trees (see Appendix A). This section shall not apply to grand trees. 1. The protected tree is located at least twenty-five feet (25′) away from the property line and where a proposed building or accessory structure is to be placed in accordance with other City standards; or 2. The protected tree creates unsafe vision on a public street or right-of-way as defined by Section 54-351. 3. The protected tree has a D.B.H. of eight inches (8″) to fifteen inches (15″), is located at least twenty-five feet (25′) from the property line within a parking lot providing no more than the maximum number of hard surfaced parking spaces allowed by this chapter, and the Zoning Administrator determines that no other design alternative exists to save the tree. b. Removal of a grand tree shall require approval of a variance, except for grand trees listed under category III or category IV in Section 54-331 which shall require approval of a special exception where the Board finds that the grand tree is in poor health, that removal of the grand tree will allow protection of a specimen tree, as defined herein, which would otherwise be removed if the grand tree is saved, or that the grand tree is located within a proposed building footprint, street, road, driveway, drainage way, or parking area and no other reasonable design or economically reasonable alternative exists to save the tree. c. Each protected or grand tree that is determined by the Zoning Administrator to be hazardous, diseased or injured to the extent it is irreparably damaged shall be approved for removal. The burden of providing proof of the extent of the hazard, disease or injury shall rest with the applicant, who must provide documentation from a qualified arborist. When there is a question of tree hazard, the Zoning Administrator may require documentation, including strength loss calculations for the portion of the tree creating the hazard, from an arborist who has been certified by the International Society of Arboriculture or who is otherwise qualified. Each live tree which is approved for removal shall require replacement with one (1) recommended tree of an equivalent species. d. Each protected or grand tree that is determined by the Zoning Administrator to be causing structural damage to a habitable building where said damage cannot be remedied without removing the tree shall be approved for removal. When there is a question of whether tree removal is necessary, the Zoning Administrator may require documentation from an arborist who is certified by the International Society of Arboriculture or, who is otherwise qualified, that said damage cannot be successfully halted through root pruning and installation of a root barrier while maintaining the structural integrity of the tree. Each tree removed shall require replacement with one (1) recommended tree of an equivalent species. (Ord. No. 2002-19, § 5, 2-12-02)

Charleston, S.C., Zoning Ordinance § 54-330 Tree protection requirements.

Sec. 54-330. - Tree protection requirements. a. Protective Barricades Required. Protective barricades shall be placed around all protected trees and grand trees located in development areas, and designated to be saved, prior to the start of development activities, and shall remain in place until development activities are complete or construction in accordance with standards set forth in this Section commences. The area within the protective barricade shall remain free of all building materials, dirt or other construction debris, vehicles and development activities. Barricades shall be erected at a minimum distance from the base of protected trees and grand trees according to the following standards: 1. For Protected Trees Twenty-Three Inches (23″) or Less D.B.H. Protective barricades shall be placed a minimum distance of ten feet (10′) from the base of each protected tree; and 2. For Protected Trees Greater Than Twenty-Three Inches ( 23″) D.B.H. and Grand Trees. Protective barricades shall provide a diameter of protection around the tree equal in feet to the diameter breast height of the tree (i.e., a 24″ diameter tree would require a 24-foot diameter protective barricade). b. Construction within the protective barricade. Changes in grade or construction of impervious surface or utilities within the required protected barricade shall be permitted subject to the following guidelines: 1. Changes in grade or construction within protected zones must be approved by the Zoning Administrator prior to beginning construction. Plans must be submitted which illustrate in detail protective measures necessary as described in Section 2.10 of Erosion and Sediment Control Practices for Developing Areas by the South Carolina Land Resources Conservation Commission, Erosion and Sediment Control Division; and 2. A minimum setback, to be determined using the following guidelines, shall be maintained between impervious surfaces and the bases of all protected and grand trees, except where the zoning administrator finds that a proposed encroachment of an impervious surface will not adversely affect a tree, or that special construction methods and tree care, including but not limited to mulching, root pruning, soil aeration, and fertilization/bio-stimulant treatment, will reduce the potential for adversely affecting a tree: (a) Trees of eight inches (8″) to sixteen inches (16″) D.B.H.: a minimum clearance of eight feet ( 8') is required. (b) Trees of seventeen inches (17″) to twenty-three inches (23″) D.B.H.: a minimum clearance of ten feet (10′) is required. (c) Grand Trees: a minimum clearance of twelve feet is required, plus an additional one foot (1′) of clearance for every three D.B.H. inches (3″) in excess of twenty-four (24) (i.e., a tree having a D.B.H. of thirty-six inches [36″] must have a minimum clearance of sixteen feet [16′] between its base and any impervious surface). c. All roots outside the protective barricade to be removed during development shall be severed clean and a two inch (2″) layer of mulch shall be applied over the surface of exposed roots during development. d. All pruning of protected trees and grand trees shall be done by a qualified tree service during development according to the National Arborists Association, Pruning Standards for Shade Trees. (Ord. No. 2002-19, §§ 6, 7, 2-12-02)

Charleston, S.C., Zoning Ordinance § 54-331 Tree replacement, relocation, planting and maintenance requirements.

Sec. 54-331. - Tree replacement, relocation, planting and maintenance requirements. a. Tree Replacement Required. 1. For existing trees, the Board of Zoning Appeals-Site Design is authorized to grant variances or special exceptions to allow their removal as specified in Section 54-327 and 54-329, and to require the planting of replacement trees of at least two and one-half inches (2½″) caliper measured at six inches (6″) above grade with the total caliper inches per removed tree not to exceed the amount specified in Section 54-331.b. 2. For trees removed unlawfully, without approval, the Board of Zoning Appeals-Site Design is authorized to grant after-the-fact approval, and require mitigation for trees removed with replacement trees of at least two and one-half inches (2½″) caliper measured at six inches (6″) above grade. The total caliper inches, type and size of replacement trees required by the Board shall be based on the health and specimen quality of the tree(s) removed, the site specific conditions, and the factual circumstances under which the tree was removed. For trees removed unlawfully from a single-family zoned lot or a lot used exclusively for a single-family home, the Board is authorized to require up to three (3) times the total D.B.H. of the tree(s) removed in caliper inches of replacement trees and the minimum size of the replacement trees to be planted on-site shall be four inches (4″) caliper. For trees removed unlawfully from all other properties, the Board is authorized to require up to ten (10) times the total D.B.H. of the tree(s) removed in caliper inches of replacement trees and the minimum size of the replacement trees to be planted on-site shall be four inches (4″) caliper. 3. In all cases, the Board is authorized to require up to fifty (50) percent of the total caliper inches of replacement trees to be planted off-site at a location in the general area of where the tree removal(s) occurred, and to allow off-site replacement to be accomplished through a contribution to the City of Charleston Street Tree Planting Program in an amount equivalent to the City's cost for the type, size and number of trees to be planted off-site. 4. In certain circumstances, the Board may require mitigation for trees removed in the form of specific arboricultural services to be rendered to remaining trees on the site. b. Mitigation Requirements. The Board is authorized, upon the granting of a variance or special exception for removal of a grand tree, to require mitigation with replacement trees. The total caliper inches per removed tree shall not exceed the amount specified below for the tree species being removed. Tree species are categorized by ratings taken from the Tree Species Rating Guide (March 2001), developed by the Southern Chapter of the International Society of Arboriculture. The categories below list tree species by their lowest rating in the range for hardiness zone 8. The category for species not listed below will be determined by using the Tree Species Rating Guide. Category I (80 and above rating, 100% mitigation) Acer rubrum | Red Maple Cornus florida | Dogwood Ilex opaca | American Holly Ilex x attenuata | Foster, Savannah Holly Lagerstroemia indica | Crepe Myrtle Magnolia grandiflora | Southern Magnolia Nyssa slyvatica | Blackgum, Tupelo Quercus alba | White Oak Quercus phellos | Willow Oak Quercus virginiana | Live Oak Taxodium distichum | Bald Cypress Category II (60 and above rating, 75% mitigation) Betula nigra | River Birch Carya illinoensis | Pecan Carya sp. | Hickory(s) Celtis laevigata | Sugarberry Cercis canadensis | American Redbud Cupressus x chamaecyparis | Leyland Cypress Eriobotrya japonica | Loquat Fagus grandifolia | American Beech Fraxinus sp. | White, Carolina, Green Ash Ginkgo biloba | Ginkgo Gordonia lasianthus | Loblolly Bay Ilex vomitoria | Yaupon Holly Juniperus virginiana | Eastern Red Cedar Liriodendron tulipifera | Tulip Poplar Magnolia virginiana | Sweetbay Oxydendron arboreum | Sourwood Pistacia chinensis | Chinese Pistache Quercus acutissima | Sawtooth Oak Quercus falcata | Southern Red Oak Quercus laurifolia | Laurel Oak Quercus lyrata | Overcup Oak Quercus prinus | Chestnut Oak Quercus shumardii | Shumard Oak Quercus stellata | Post Oak Sassafrass albidum | Sassafrass Stewartia sp. | Stewartia Styrax sp. | Snowbell Ulmus parvifolia | Chinese Elm Zelkova serrata | Japanese Zelkova Category III (40 and above rating, 50% mitigation) Aesculus pavia | Red Buckeye Catalpa sp. | Catalpa Celtis occidentalis | Hackberry Diospyros virginiana | Persimmon Gledistsia triacanthos | Honeylocust Juglans nigra | Black Walnut Paulownia tomentosa | Princess Tree Platanus acerifolia | London Plane Tree Platanus occidentalis | Sycamore Prunus caroliniana | Carolina Cherry Laurel Pyrus calleryana | Flowering Pear Quercus bicolor | Swamp White Oak Quercus coccinea | Scarlet Oak Quercus nigra | Water Oak Quercus palustris | Pin Oak Ulmus alata | Winged Elm Category IV (0 and above rating, 25% mitigation) Ailanthus altissma | Tree of Heaven Albizia julibrissin | Mimosa Melia azedarach | Chinaberry Morus sp. | Mulberry Populus sp. | Poplar Prunus serotina | Black Cherry Prunus serrulata | Japanese Cherry Quercus laevis | Turkey Oak Robinia pseudoacacia | Black Locust Salix sp. | Willow Sapium sebiferum | Popcorn Tree Tilia americana | American Linden Ulmus americana | American Elm c. Relocation of a Protected Tree. Relocation is accomplished by relocating the protected tree on land under the same ownership which is to be developed pursuant to the same development order. d. Replacement. Replacement is accomplished by planting the number, size and species of a recommended tree in accordance with the conditions at the Board of Zoning Appeals—Site Design, on land under the same ownership which is to be developed pursuant to the same development permit, within the right-of-way adjacent to the property subject to the approval of the appropriate government agency, or off-site within the general area of the trees being replaced. e. Tree Planting Requirements. In the relocation of a protected tree, or the replacement of a protected tree or grand tree with a recommended tree, the following planting criteria shall be met: 1. Each tree must be a minimum of two and one-half inches (2½″) caliper measured six inches (6″) above grade. 2. All trees used shall be vigorous, well shaped, branched and foliated; 3. All trees shall be planted in accordance with the specifications described in Section 1.94 of Erosion and Sediment Control Practices for Developing Areas by the South Carolina Land Resources Conservation Commission, Erosion and Sediment Control Division; and 4. Seventy-five percent (75%) of the recommended trees shall be of those species which will provide similar or better wildlife habitat, shade, erosion control or water purification as the existing species. f. Inspection of Protected, Relocated or Replaced Trees. All relocated or replaced trees shall be inspected by the Zoning Administrator one (1) year after their planting to insure they are surviving in a healthy condition. Trees planted pursuant to this section that are found to be in declining condition shall be replaced by the owner of the parcel within thirty (30) days of notification from the Zoning Administrator. If replacement is necessary, there shall be a re-inspection six (6) months after the replacement planting. g. Maintenance of Protected, Relocated or Replaced Trees. The owner of the parcel shall be responsible for the maintenance of all protected, grand, relocated or replaced trees. (Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 2000-10, § 2, 1-25-00; Ord. No. 2002-19, § 8, 2-12-02; Ord. No. 2012-375, § 2, 9-25-12)

Source: City of Charleston, South Carolina, Code of Ordinances and Zoning Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/sc/charleston/codes/zoning?nodeId=ART3SIRE_PT6TRPRREFetched: 11/7/2026