E. Pruning, cutting, clearing and planting

(1) Cutting, removal, or other destruction of aboveground vegetation within a resource area as defined in § 196A-2 of these regulations or within a buffer strip as defined above shall be limited. If a buffer strip is to be maintained in grasses or as a wildflower meadow, other appropriate vegetation removal may be approved.

(2) Identification of specific view: View clearing in the buffer zone or vista cutting and pruning in the buffer strip or resource area will not be permitted until construction is completed and a specific view identified after occupancy. Applicants are encouraged to consult with the Commission before submitting the appropriate filing and when planning projects that involve the removal or replacement of vegetation in the buffer zone, buffer strip, or resource area.

(3) Buffer Zone and Buffer Strip definitions: As used in this section the following terms shall have the meanings indicated:

• CUTTING – The removal of vegetation.
• CLEAR CUTTING – Removal, to the ground, of all woody vegetation, including mowing of understory brush down to a minimum height of two inches (2”).
• SELECTIVE CUTTING – The removal of smaller, weaker, dead
• and less desirable tree species, leaving the more vigorous and native trees.
• VISTA CUTTING – The removal of vegetation that blocks a view.
• PRUNING – The removal of branches or parts of branches on shrubs and trees.
• SELECTIVE PRUNING – Removal of dead, diseased, obstructing, and weak branches or parts of branches, as well as selective thinning of branches to lessen wind resistance.
• LIFTING – Lifting of the canopy by removing lower limbs from the main trunk.

(4) Criteria

• Pruning - When selective pruning of trees is permitted, the removal of such branches shall be as described above for removal of dead, diseased, obstructing and weak branches as well as thinning of branches to lessen wind resistance. When pruning of shrubs is permitted, the shrubs shall retain their natural shape and features such as fruits and flowers by selecting the optimum height for the shrub and pruning different branches in alternate years. With prior approval, Top of Coastal Bank plantings may be pruned to a minimum of 4 feet yearly.

• Cutting - When cutting of live trees for a view is proposed, the Commission will require that pruning and thinning the canopy shall be accomplished first. When cutting is the only viable option in a heavily vegetated lot the Commission may allow the removal of up to 5% of existing trees greater than or equal to (>) 6” Diameter at Breast Height, or 10% of existing trees less than or equal to (<) 6” Diameter at Breast Height in any 3 year period. All trees proposed to be removed must be clearly delineated on-site. Specific specimen trees may be identified by the Commission for preservation.

• When removal of fallen or damaged trees is desirable after a storm, the Commission may allow this through either acceptance of DEP issued Emergency Regulations, or through the normal Administrative Review filing procedure. If storm damaged trees provide an immediate risk to the health or safety of residents, Emergency removals can be authorized by the Commission or its Agent.

• Dead and diseased trees may be removed if they endanger a structure or live vegetation. Flush cutting rather than uprooting will be required in some cases.

• When lifting is proposed, the health of the tree must be considered as well as the impact to wildlife. In no instance shall more than 1/3 of the above ground trunk height be pruned.

• Clear cutting of land is prohibited. The only clear cutting within Jurisdiction that shall take place will be for the clearing of land for the construction of buildings with Commission approval.

• The Commission may require the replacement planting of native shrubs and trees in areas proposed for tree removal.

• When vista pruning/cutting is proposed, the Commission encourages that specific windows of view (containing top, sides and bottom and not devoid of all tree canopy species) be identified and shown on a plan. The Commission prohibits “property line to property line” cutting. Filtered Vistas are encouraged and can be normally accomplished through pruning and lifting, although topping of trees may be permitted in specific cases. Clear cutting for a view is prohibited.