Felled trees net man 110 tickets
Largest fine for code violation in Berkeley County given to 69-acre owner
MONCKS CORNER — A Berkeley County landowner was fined $119,625 after 110 trees were cut down in the buffer zone of his U.S. Highway 52 property.
County Code Enforcement officers wrote 110 misdemeanor tickets charging William J. Hall of North Charleston with violating the county's code regulating trees within 15 to 25 feet of the property line.
The Post and Courier
County Code Enforcement officers wrote 110 misdemeanor tickets charging William J. Hall of North Charleston with violating the county's code regulating trees within 15 to 25 feet of the property line.
Collectively, it's the largest fine ever handed down in Berkeley County for a code violation. Officials say it would have been even larger if the county had an overall tree ordinance in place. A task force is in the process of putting together an ordinance.
Hall has the option of contesting each of the $1,087.50 tickets in Berkeley County magistrate's court March 13. He did not return calls Friday to his North Charleston realty firm.
Berkeley County Planning and Zoning Administrator Jeff Tyndall said the code requires Hall to replace the 110 trees with 468 trees of his own, no matter what happens in court. He may appeal to the county's Board of Zoning Appeals.
"Everyone should be aware of the county's buffer yard ordinance," Tyndall said.
The county's buffer ordinance has been around for years but was upgraded in July to penalize violators for removing each tree over 8 inches in diameter within the buffer.
The buffer is typically between 15 to 25 feet for residential developments, depending on surrounding uses, and up to 100 feet for industrial properties.
Tyndall said Hall clear-cut hundreds of trees on his 69 acres on U.S. 52, between Goose Creek and Moncks Corner. The county does not have a code preventing clear-cutting outside of the buffer zone.
County officials say clear-cutting has become a widespread problem; developers can cut down 100-year-old live oaks on their property without penalty.
Charleston County, which has a tree removal ordinance, also is grappling with the problem.
Murry Thompson could have faced more than $426,000 in fines for the removal of grand trees — trees at least 24 inches in diameter when measured at chest height — from his Wadmalaw Island property without the county's permission.
County officials found 44 grand trees were illegally cut down, though Thompson later hired a forester who counted only 22 trees. Thompson said he and the county settled on 23 trees, and he's paid out thousands of dollars in fines.
Berkeley County Councilman Jack Schurlknight is leading a task force to create a new ordinance that will regulate clear-cutting.
Tyndall said the ordinance won't stop clear-cutting but it will require developers to take a little extra time to determine how they can incorporate some of the existing trees. He said it won't target legitimate forestry or agriculture users.
The task force's next meeting will take place Feb. 12. Public comments will be taken at 5:30 p.m. at Berkeley County Council chambers, 223 Live Oak Drive in Moncks Corner. The task force is expected to present the first draft of the ordinance at another meeting March 13. Public comments will begin at 5:30 p.m.
Tyndall encouraged anyone with questions about the buffer ordinance to call the county's Planning and Zoning office at 719-4095.
"We can save you a lot of time and headache," Tyndall said.
Reach Andy Paras at 745-5891 or aparas@postandcourier.com.
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Comments
moonpie (anonymous) says...
I'm sure Mr Hall himself didn't cut those trees down. So how about the contractor? Shouldn't he know what the heck he can and can't cut if he is licensed in the state or county to do business here?
How about the neighborhoods popping up in Berkeley county? These large developers cut every tree! And then plant back ONLY what is required to get a C/O.
January 26, 2008 at 8:26 a.m. ( permalink | suggest removal )
billtom (anonymous) says...
It's about time someone has done something! I have noticed several areas along 17A and 52 and 176 (all in Berkeley County) where acres upon acres of trees have been cut down for new homes. With the market the way it is, are all these homes even going to sell? And at what cost? The beauty of the area is being chopped down. Don't get me wrong, I am not a 'tree hugger', I just admire the beauty of mother nature.
January 26, 2008 at 8:35 a.m. ( permalink | suggest removal )
reality_woman (anonymous) says...
Berkeley county Code enforcement is a joke. They find one thing and ride it to the death. While there are unsightly places ot there that is what needs attention.
January 26, 2008 at 8:35 a.m. ( permalink | suggest removal )
postman01 (anonymous) says...
People, this man's property rights are being violated.
Am I supposed to understand that our nation has degenerated so much that trees are placed above the freedom and liberty of American citizens, including the right of a property owner to cut down trees THAT BELONG TO HIM AND NO ONE ELSE??!!!!
Are every one of you out of your minds?
January 26, 2008 at 9:01 a.m. ( permalink | suggest removal )
Oceanlover (anonymous) says...
I don't know why this here boy done got fined. It's my trees, it's my property then dangit I get to do what's I want. Heck, if I wanna build a landfill out there next to the Outback Steakhouse it should be my God-given right. This is flat out communism. Or wait is it facism? No, not, sorry bout that, it's ClintonAlGoreism. Heck, I ain't quite sure what it is, but it ain't no America I ever growed up in. A buffer zone is a joke anyway. How many deers or turkeys do you think wanta live in the buffer zone between Highway 52 and LaVinyl Plantation Estates anyway? I ain't doin' nothin' wrong. I'm just taking the lipstick off the pig. Lipstick on a pig's all a buffer zone is anywho. Don't believe me? Have a drive on up 17 past Porchers Bluff Road and tell me how many wild turkeys you see among the shoppers.
January 26, 2008 at 9:01 a.m. ( permalink | suggest removal )
Brant (anonymous) says...
What I'm wondering is how many trees were cut down to write those 110 tickets?
January 26, 2008 at 9:18 a.m. ( permalink | suggest removal )
lexylady (anonymous) says...
Oceanlover, I am impressed by how well you spell. Not bad for a Redneck!! lol
just kidding with you. I happen to agree with you.
January 26, 2008 at 9:20 a.m. ( permalink | suggest removal )
southerner (anonymous) says...
The LORDS of the COUNTY are at it again.
The right to own property B.S. we can own it as long as we pay the LORDS of the COUNTY. To own something is to be able to do as you please with it as long it does not interfere with or cause damage to others. We need to replace every one of those tree hugging idiots.
LINDSEY GRAHAM
ELIMINATE
IN
08
January 26, 2008 at 9:38 a.m. ( permalink | suggest removal )
JohnS (anonymous) says...
The man should have followed the county buffer code. He gets what he deserves.
January 26, 2008 at 9:50 a.m. ( permalink | suggest removal )
RTC (anonymous) says...
Look at all of the subdivisions where you have to have permission to remove certain trees in your own yard.
Permission for this, permission for that, when will it ever end? Can't the government use our tax dollars to catch REAL criminals?
January 26, 2008 at 10:01 a.m. ( permalink | suggest removal )
Zod (anonymous) says...
Brant, I'm just taking a wild guess here. Maybe he cut down 110 trees in the buffer zone. Would that not make sense?
Postman01, we're going to take up a collection to get a local firm to come to your neighbors property and reroute his drainage toward your homes foundation. Since it is HIS property in the world according to you - he should be able to do what he wants with it. You better start sandbagging now. We're bringing the water!
It's a BUFFER ZONE. The county already maintains the rights of that property for utilities! Look at the picture. At least 15 feet was already empty from the highway to the treeline. The guy could not leave 10 feet worth of trees? Stupidity......
January 26, 2008 at 10:06 a.m. ( permalink | suggest removal )
KidYendor (anonymous) says...
Does he have any free oak lying around for those of us who are not on public assistance can cut up ourselves to keep our homes and families warm?
January 26, 2008 at 10:18 a.m. ( permalink | suggest removal )
Reader (anonymous) says...
Brant wrote, "What I'm wondering is how many trees were cut down to write those 110 tickets?" Zod responded, "Brant, I'm just taking a wild guess here. Maybe he cut down 110 trees in the buffer zone. Would that not make sense?" Meanwhile, the very first sentence of the article states, "A Berkeley County landowner was fined $119,625 after 110 trees were cut down in the buffer zone of his U.S. Highway 52 property."
But, more importantly, Postman01 ranted, "People, this man's property rights are being violated. Am I supposed to understand that our nation has degenerated so much that trees are placed above the freedom and liberty of American citizens, including the right of a property owner to cut down trees THAT BELONG TO HIM AND NO ONE ELSE??!!!! Are every one of you out of your minds?"
There are a bunch of loony property rights people out there who love to throw out this sort of argument. They love to argue that America is somehow moving away from some ideal state of libertarian bliss in which citizens had the totally unemcumbered rights to do anything they wanted. Let me set the record straight: That sort of state does not now and has NEVER existed in the country. There is no constitutional right to own property. There is certainly no constitutiuonal right to behave however you want on your property.
What DOES exist is a right to a democratically elected government. In this case, for example, the people of Berkeley County voted for people who put in place a law protecting buffer trees. That is the will of the majority in that county I suppose. Surely people like Postman01 would not want to see us give up the right of self-governance?
That is my morning soapbox for the day. You can go back to your coffee now.
January 26, 2008 at 10:45 a.m. ( permalink | suggest removal )
Zod (anonymous) says...
Reader doesn't read FECITIOUS too well.
January 26, 2008 at 10:58 a.m. ( permalink | suggest removal )
forget (anonymous) says...
His rights were not violated. I like the fact that certain places are zoned certain ways. That way, my neighbor can't decide to turn her house into a sushi restaurant just because she owns it and wants to. He made a LARGE really bad decision.
January 26, 2008 at 11:25 a.m. ( permalink | suggest removal )
dbeast420 (anonymous) says...
""Posted by KidYendor (anonymous) on January 26, 2008 at 10:18 a.m. (Suggest removal)
Does he have any free oak lying around for those of us who are not on public assistance can cut up ourselves to keep our homes and families warm?""
I'll take it to cut up and season to use in my smoker. If there is some hickory,I'll take that too.
January 26, 2008 at 11:35 a.m. ( permalink | suggest removal )
tdrohe (anonymous) says...
But... The electric company destoyed several large trees on my property, trees that were in no need of being removed. Guess if you work for them its ok... I had to stand in front of this bushhog and tell the company no more over my dead body. I really wish I could post pictures of what they done!
January 26, 2008 at 12:23 p.m. ( permalink | suggest removal )
jammer (anonymous) says...
I'm no tree hugger either but these builders have gone way too far with clear cutting, they need to stopped... they can just as easily build around many of the older trees so they will keep the lowcountry look and feel
there's places in the middle of NYC that have more vegetation than here because we've let these rich people transform our communities just to make them richer
there is no more "country" left here, within minutes of a drive in any direction you hit clear cut areas with matchbox houses that'll all fall into each other the next good storm we have because they aren't leaving a storm wind buffer of trees inside of any neighborhood
this isn't about property rights for these rich builders, it's about nothing but money... making their wallets fatter because it's cheaper/faster to just clear cut and build
it needs to be slowed, good job BC
btw I have land that backs up to the forest as well and I won't clear cut mine either... we need to keep the lowcountry look and feel, not turn everything into a concrete parking lot with storage bins for housing
January 26, 2008 at 12:55 p.m. ( permalink | suggest removal )
yeahright (anonymous) says...
I'm pretty sure "Brant" was refering to how many trees were cut down to make the paper the tickets were printed on. Duh.
January 26, 2008 at 12:58 p.m. ( permalink | suggest removal )
postman01 (anonymous) says...
Archdude, it's possible you are technically correct BUT if you do not understand the supervening importance of what I am saying, well...
Do you not comprehend the insanity of government trying to wantonly hit a private citizen up for over $100,000.00!!!!!!!!!!! This kind of insanity destroys the LIVES of normal people over TREES, g'da___t!!!!!!!!!
People like you piss me off. If it was in my power, I would have armed men with guns from the government at your door at dawn tomorrow demanding over $100,000.00 from your hide for reasons they essentially made up. I would have you hear a retarded lecture about how trees are more important than Human Beings (including you)nonstop until you admitted the 3rd grade errors of your ways.
Is a traumatic experience like that what it takes to get through the LOW IQ FOG?!!!!!!!!!!!!!!
January 26, 2008 at 1 p.m. ( permalink | suggest removal )
Zod (anonymous) says...
Zod doesn't read FECITIOUS too well.....
January 26, 2008 at 1:01 p.m. ( permalink | suggest removal )
UnitedWeStand (anonymous) says...
Hey all,
So I ask, was this a deliberate attempt to skirt the law, or did the owner of the land not know? How about the contractor who cut down all those trees? Maybe if the ordinances were written in Spanish (hint hint) they would have known law and rules:
Construction growth here is going too fast, I bet if we counted the number of inspectors we have in the Tri-County area it would be only a fraction of what we really need for the development going on. Code inspectors are valuable to ensure construction code are being met, and for our own personal safety and well being.
Just the other day I was driving past a construction site on Hagood street, right around the corner from Charleston Police HQ on Lockwood Blvd., a huge building under construction; it's the new South Carolina National Guard Center (State job). I pulled over to check out the job and what did I see?? about 80% of the work force there on that day appeared to be from south of the boarder(illegals?). I checked the contractor web page, this job is 19 million dollar project, with all that money, they could have hired legal workers, someone need to check the status of these workers. So where is the enforcement on this job, is Charleston a sanctuary city?
http://www.ellisdon.com/ed/projects/v... oh yeah, they are a huge Canadian Company too:ay:
We all know, for every Illegal worker, there is a legal worker not working: and our economy could have benefited from the income taxes paid by legal workers.
Bottom line is, we need more enforcement, Code inspectors, licensing inspectors, INS agents, etc. If they are illegal, then they should be sent home and companies who hire them should be heavily fined.
United WE Stand
January 26, 2008 at 3:34 p.m. ( permalink | suggest removal )
seneca264 (anonymous) says...
I live in South Pointe off of highway 78. South Pointe is in the Summerville city limits and is also situated in Berkeley County. There are several home owners who park their vehicles up on the sidewalks. These vehicles completely block the sidewalks thus causing pedestrians to have to walk on the streets. I called the Summerville Police Department about this issue and they told me there is nothing they can do about it. They have no problem taking my tax money. I called Berkeley County about the problem and was given the same response. This of course is a violation since the sidewalks are on an easement. Hard to figure why the stupid rednecks do not respond to public safety issues. I can only guess that it is because they will not make any money enforcing public safety issues.
January 26, 2008 at 4:46 p.m. ( permalink | suggest removal )
Carolina_Politics (anonymous) says...
Palmetto Man - "Additionally, all these home additions and modifications being done to homes ... contractors with no licenses and no permits ... Homes values increase when additions go on. So how is the county to know and record such for taxes accessments if homes are being expanded and modified and government doesn't know?"
------------------------------------------------------------
Apparently you don't believe in private property rights.
http://www.carolinapoliticsonline.com
January 26, 2008 at 7:12 p.m. ( permalink | suggest removal )
EducatedMom5 (anonymous) says...
Off course there are laws that should be followed, but what about creating/passing laws that deem to be valid. It is ridiculous that a person can not cut down trees on his own property. Berkley County wanted more money, and now they have it. The money will probably be split among "leaders" to spend personally not for the "improvement" of the county
January 26, 2008 at 10:38 p.m. ( permalink | suggest removal )
bwelch (anonymous) says...
if it is your property you should be able to do as you please with it. And if he only cut down 110 trees why does he have to plan 468 trees? The $110,000 fine is a little to much they should just make him replace the ones he cut down. its all a scam for berkley county to make more money. I bet if he would have made a donation to some county officials pockets this would have been over looked.
January 27, 2008 at 8:40 p.m. ( permalink | suggest removal )
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