CHARLOTTE, N.C. — There are questions about Charlotte's new zoning rules after neighbors in south Charlotte came to WCNC Charlotte about their HOA planning to remove some trees. All of this happened after the UDO and Charlotte's Tree Ordinance went into effect last month.
For Ward Welch, it's all about the roots. He planted new ones when he moved from Durham two years ago. His condo sits in the shadows and under the canopy of a massive tree.
He said it was a selling point for him.
"It’s very special," Welch said. "It cuts down on heat and it's nice. I was impressed by the tree cover."
But this selling point might be uprooted by his HOA. He saw something similar just a week ago; the HOA cut down a different tree, very similar to the one in question.
Welch said the HOA, Renaissance Gardens in south Charlotte, cut down one tree and is now looking to do the same thing to another.
With the newly written UDO and Tree Ordinance dictating removal, welch asked if the HOA had a permit. He said the HOA didn't believe him about the permit.
WCNC Charlotte reached out to the HOA and community manager about the removal of the first tree. We did not hear back but took our questions to the city of Charlotte. Tim Porter with the Community Tree Canopy Preservation District said because of the new rules, the HOA violated the Tree Ordinance when it cut down the first tree.
Porter said after Welch made the initial call, two foresters came out to the site. He said the team determined the tree was a heritage tree, which means it's protected under the new law and a permit is required to remove it.
WCNC Charlotte's Austin Walker measured the second tree. It's over 37 inches in diameter and is a native North Carolina tree. The city of Charlotte confirmed the tree is protected.
The city said because the rule recently changed, it's working to lay a new foundation from the ground up. It has focused on education and not a penalty. The city said the HOA will not be fined for the first tree but will be required to plant a new one.
For Welch, this is a reminder of the new change to policy and the need for the city to set a precedent, starting from the roots. The city also said it won't start fining people for violating the rule until the city puts forward an educational campaign.
The city of Charlotte provided WCNC Charlotte with the following statement:
"Currently, violation enforcement related to the unauthorized removal of heritage trees is focusing on awareness building and re-planting work. No monetary fines will be assessed related to unauthorized heritage tree removals, unless the removal work was a willful violation, until the completion of a tree canopy regulation awareness campaign that will be initiated later this summer/fall by the City of Charlotte’s Community Tree Canopy Preservation Division."
Contact Austin Walker at awalker@wcnc.com and follow him on Facebook, Twitter, and Instagram.