Deforestation
In our online survey, several people marked deforestation as an issue of concern. The map below shows tree cover loss in Wilmington from 2001-2023. While not all of it is due to deforestation, there are several areas where large numbers of trees have been cut down for development The pink areas show tree cover loss.
Wilmington can do a better job of protecting its forested land through the implementation of its existing zoning code. Wilmington’s zoning code includes a “Conservation Subdivision” that “…allows for greater flexibility and creativity in the design of residential developments…” and encourages “…the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, and other natural resources including aquifers, water bodies and wetlands…” (Article VIII, p. 90). The proposed six-parcel subdivision on Hardy Rd. that was recently approved by the Wilmington Planning Board would have been a perfect fit for a Conservation Subdivision. Was this option ever considered by the Planning Board? No, but it should have been. Unfortunately, even If the Planning Board had wanted to consider other options for the design of the subdivision, such discussions were preempted by the developer clearing the home sites before receiving approval from the Planning Board for his proposed subdivision. His actions were disrespectful to the Planning Board by presuming that the Board would be a rubber stamp in giving its approval. On the other hand, the Planning Board needs to demonstrate that it is not a rubber stamp. A good place to start would be for it to make it clear to developers that clearing land before receiving a permit eliminates legitimate opportunities for the Planning Board to discuss other, and potentially better, options for the design of a subdivision, such as a Conservation Subdivision.
Wilmington can also do a better job of protecting its forested land through the upcoming revision of its comprehensive plan. A comprehensive plan is the foundation underlying the design and implementation of zoning maps and zoning code. The New York Planning Federation, the DEC, and the Empire State Forestry Products Association jointly developed a document called 'A Municipal Official's Guide to Forestry in New York State.' This document states:
"New York is a home rule State. Authority for planning and zoning rests with municipal governments. While the State does not require municipalities to adopt either a comprehensive plan or a zoning ordinance, those that adopt zoning and other land use regulations must assure that they are “in accordance” with an adopted comprehensive plan."
"The adoption of a forest or farm/forest zone is the ideal way to assure that forestland can be readily managed for multiple forest uses, including harvesting, while potentially conflicting uses such as residential subdivisions are discouraged or not allowed. Forest zones help to prevent the fragmentation and conversion of forest land to other developed uses. Towns are encouraged to place forest lands not needed for development into one or more appropriate forest zones. Use of an average density standard in these zones of one allowed dwelling per 10 or 20 acres of forest land will greatly help to maintain the forest-land base." You can download a copy of the Municipal Official’s guide here.
If the Wilmington community is concerned about deforestation, it is very important that their voices are heard when asked for input during the writing of our new comprehensive plan!
Most of the restrictions regarding the removal of trees from a property in Wilmington are dictated by the APA, which is focused on the protection of streams and wetlands:
"Generally, there are no requirements for the harvesting of trees on non-shoreline parcels unless you plan to clear-cut more than 25 upland acres or 3 wetland acres, or the property is located in a Designated River Area. However, cutting of trees in preparation for a project requiring a permit may not begin until the permit is obtained; tree removal is part of the project review process. In addition, there are permit requirements for the construction of woods roads or skid trails through wetlands." You can download the APA's Citizens Guide to land use regulations here.
Town residents who are concerned about deforestation should look at the Town's zoning map (click here), which shows the density of development that is permitted at different locations in Wilmington. Although low-density development, such as areas designated as Resource Management (which allows only one primary structure per 42 acres), provides some benefits for protecting forested land, many acres of trees can still be removed legally. To adequately protected its forested land, Wilmington needs to (1) give it a high priority in the new comprehensive plan, (2) ensure that our zoning code is updated to provide effective planning policies for protecting forested land, and (3) have a Planning Board with the will to implement these policies.
Here are some additional resources and articles related to deforestation: