Chapter 1.2
Low-Impact Development and Stormwater Management

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Vegetation Protection Areas

INTRODUCTION

Vegetation protection areas or zones designate sections of the land to be restored or kept as plant life. In vegetation protection areas local governments create zones that limit development and/or require the zone to only have plant life and, in some circumstances, native vegetation. Native plant life is beneficial not only for the environment but also for the community because native species require less water and maintenance, making the areas less expensive to maintain.[1] This ordinance should be drafted in a way that focuses on particular areas that have the most beneficial vegetation, which are often wildlife habitat areas.[2] A local government can create varying levels of protection in a vegetation protection area, such as primary and secondary areas. The primary vegetation area is fully protected while the secondary vegetation area establishes a variety of criteria to permit development.[3] Having varying levels of protection provides local governments with the flexibility to implement policies that are more tailored to their needs concerning native plants. Local governments can implement vegetation protection areas as part of a comprehensive green plan or as a standalone ordinance. Often a protection zone is located near wetlands or preserves to limit development in areas that are essential for wildlife habitats.

While this ordinance protects an area from being developed other ordinances help regulate based on species.[4] Protection areas are geared to protect critical species that are found in singular or multiple areas, while other ordinances in this Code are aimed at protecting existing vegetation, native species, and eradicating invasive species from the jurisdiction as a whole (See Require Native Trees and Removal of Invasive Trees; see also Require Use of Native Plants/Vegetation). In a vegetation protection zone the removal of vegetation for development purposes can be prohibited completely or limited. These zones are used to keep plant life in particular areas to ensure water filtration and necessary wildlife habitat.

EFFECTS

Overlay districts and zoning regulations concerning vegetation protection create ways to protect at risk areas from further harm. Protection areas allow wildlife to grow and move, ensuring greater biodiversity and helping property values.[5] Vegetation areas can increase land values and quality of life by safeguarding native species.[6] This ordinance can help preserve critical habitat for wildlife that other regulations are unable to fully protect.

Vegetation protection areas help reduce water consumption as native plants have adapted to the local environment, meaning they thrive on the precipitation common for the area and can handle other environmental stressors better than non-native plants (i.e. extreme temperatures, droughts, increased rainfall, etc.). ^[7] Further, traditional landscaping incorporating non-native species can hinder natural filtration processes. Studies show that infiltration rates are greater with native plant species than those without, and that areas with greater plant diversity have significantly higher rates of water interception than traditional turf landscaping.^[8] Less water being used to sustain plant life helps keep water sheds healthy and has less of an impact on sewer and drainage systems. Along with a reduction on water consumption they promote soil health, provide critical habitat for local wildlife, and promote air quality. ^[9] The addition of vegetation protection areas can also help reduce greenhouse gas (GHG) emissions from lawn mowers and larger native species are more effective at absorbing GHGs and producing oxygen.[10]

EXAMPLES

Wayland, MI

Wayland created two overlay vegetation protection zones. The first zone, the natural vegetation zone, includes all land within 35 feet of the high-water mark.[11] The natural vegetation zones are to have minimum development in the designated area.[12] The second zone is the transition zone, which extends for 15 feet beyond the natural vegetation zone.[13] The second zone is to provide distance between developed land and the natural vegetation zone. While the natural vegetation zone is intended to create a habitat for different species along the river, it is also used as a natural filtration system to reduce erosion and increase river bank health and maintain proper river temperature.[14] Site plans, land division plans, subdivision plans, condominium plans, unit development and all building permits must include a statement of compliance with the vegetation protection zones, except as permitted by the City code.[15]

To view the provision, see Wayland, MI Code of Ordinances § 20-520 (2006).

Kenai Peninsula Borough, AK

The Borough limits the amount of landscaping that can take place in designated habitat protection areas.[16] The habitat protection district created by the local government includes all land within 50 feet of the waters. The designated areas have restrictions on building different structures, to help preserve the area. The tract of land that is regulated is created to help protect the shore lines, preserve wildlife habitat, reduce pollution, and prevent damage to wetlands and other ecosystems.[17] Another unique protection the habitat areas provide is a tax credit. The credit is granted to any habitat protection or habitat restoration projects that are within 150 feet of any salmon stream or lake.[18] The tax credit allows, “For the first three consecutive tax years following completion of the project, the borough will provide a credit of up to 50% of the land tax assessment or the cost incurred in the project, whichever is less.”[19] The also provides a tax exemption program for any increase in property value that is caused by the habitat protection and/or restoration.[20]

To view the provision, see Kenai Peninsula Borough, AK Code of Ordinances §§ 21.18.010 – 21.18.145 (2010).

ADDITIONAL EXAMPLES

Thurston County, WA Code of Ordinances § 23.36.060 (2018) (requiring 60% of trees within a vegetation protection area to be evergreen, native trees).

Mandeville, LA Code of Ordinances, App. A § 9.2.5.7 (2014) (prohibiting removal of oak trees within certain zones without the proper permit).

Tampa, FL Code of Ordinances § 27-287 (Current through 2018) (creating an overlay district that is designated as the Upland Habitat protection map).

Shasta Lake, CA Code of Ordinances § 17.14.010 – 17.14.060 (Current through 2018) (creating a habitat protection district designation that can be placed on areas of the City that have important wildlife habitat characteristics).