SUSSEX COUNTY, Del. - The Sussex County Council meet on Tuesday to discuss specific regulations for a forest preservation ordinance.
The proposal would require developers to preserve 30% of pre-existing forest in designated growth areas and 50% in rural areas. The ordinance would also establish new tree planting requirements and update county code related to forest preservation.
The council defined a forest as existing on at least one acre of land. A forest must also be at least 120 feet wide at any point have at least 100 trees per acre, excluding invasive species. Another requirement under the refined definition is is that at least 50 percent of the trees have a diameter of at least 4 inches four and a half feet off the ground according to the council.
According to the council, Developers on atypical plots may may apply to the Sussex County Planning and Zoning Commission to receive a hardship waiver. In the event the developer did, the developer would have to submit a forest removal mitigation plan and complete either onsite or offsite mitigation.
According to the council, Forest removal mitigation can happen either on the site of deforestation or another site within the same local watershed. In growth areas, trees must be replanted at a 2:1 acreage ratio. In rural areas the replant ratio is 2.5:1. Along with replanting, the developer must submit a forest removal mitigation plan.
Another part of the meeting was clarifying the "five year look back." According to the council, future development plans would have to execute a survey of trees on the land within the last five years. If in that time a forest had been removed or harvested the developer would have to complete forest removal mitigation according to the council meeting.
The Sussex County Council will vote on the final ordinance Sept. 1.


