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3 <br /> Richard Ducker <br /> Institute of Govt . <br /> November 2000 <br /> LEGAL AUTHORITY FOR LOCAL GOVERNMENTS <br /> TO REGULATE TIMBER HARVESTING AND FORESTRY ACTIVITIES <br /> Municipal Zoning Authority ( G. S . 160A= 381 to - 392 ) <br /> • Forestry activity apparently subject to municipal zoning, applicable inside a <br /> city ' s limit and its extraterritorial planning jurisdiction <br /> • But zoning may be limited by Agricultural/Forestry Operations Nuisance <br /> Statute ( see below) and exemption for certain forestry operations in state soil <br /> erosion and sedimentation control program ( see below) . <br /> • No reported N. C . appellate court zoning case involving forestry operations, <br /> landscaping, or tree protection <br /> • Note that landscaping and tree protection requirements are typically accessory <br /> requirements triggered by application for a zoning permit for some other use . <br /> Forestry activity, in contrast, is often the principal use of property . <br /> Municipal General Ordinance- making Authority ( G . S . 160A- 174 ) <br /> • Forestry activity apparently may be made subject to municipal timbering <br /> ordinance , applicable inside city limits, subject to same limitations as may apply <br /> to municipal zoning . <br /> • This apparent authority possibly called into question by adoption of General <br /> Assembly of local legislation authorizing specific cities to adopt tree preservation <br /> ordinances ( See attached Sess . Law 2000 = 108 , applicable to Kinston, Cary , Apex, <br /> Garner, and Morrisville . ) <br /> County Zoning Authority ( G. S . 153A- 340 to —348 ) <br /> • Applicability to forestry and timbering clouded by county zoning exemption <br /> for property used for " bona fide farm purposes includ( ing) the production and <br /> activities relating or incidental to the production of crops, fruits , vegetables, <br /> ornamental and flowering plants , dairy, livestock, poultry, and all other forms of <br /> agricultural products having a domestic or foreign market . " ( G. S . 153A- <br /> 340 (b) ( 2 )) . Note, however, the absence of any express mention of forestry or <br /> timber harvesting operations in above statute . Note, also , that Standard Industrial <br /> Classification, widely used in zoning, distinguishes between " Agricultural <br /> Industries" ( SIC 01 ) and "Logging Industry" ( SIC 04) and "Forestry Services <br /> Industry" ( SIC 05 ) . <br /> • County zoning also subject to same possible limitations as municipal zoning , <br /> as described above <br />