Fayston Landowner Property Rights

Past event
May 9, 2023, 6 PM

Selectboard Meeting May 9th at 6PM to vote on the new Land Use Regs as proposed by The Fayston Planning Commission:

The Fayston Planning Commission has proposed some modifications to our Fayston Zoning Regs. Unfortunately, one portion of the proposed regs infringe on a property owners rights to cut trees on their land. Specifically, the LUR's, as proposed, give the DRB [Development Review Board] the right to tell a land owner what trees can be cut for views from a landowners own property. Even if the applicant meets all storm water requirements the DRB can arbitrarily [because the proposed restrictions DO NOT define just how the DRB will come to a conclusion as to what trees will be allowed to be cut] decide what trees; how many, and where they can be cut for views. In my opinion, this is an overreach and an unreasonable restriction on a land-owners rights.

We need to express to the Select Board our opposition to this portion of the proposed LUR's and ask the Select Board to reject this current set of changes and to send them back to the Planning Commission for new consideration. The meeting is currently scheduled for May 9th at the Fayston Town Hall.

Please share with me your thoughts on this tree cutting section of the proposed LUR's as to be presented to the SB for a final vote and acceptance.

On Pre -Development Site Clearing -Preparation Standards.
a. All pre-development site clearing and site preparation shall comply with "Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont," as published by the Vermont Department of Forests, Parks and Recreation [see Section 9.2 (A)(4)], and all other applicable regulations.

(b) Pre-development site clearing and site preparation shall be reviewed by the Development Review Board in accordance with these regulations. Where a landowner fails to submit pre-development plans for review, the Board may require the site to be restored or re-vegetated.

(c) For all site clearing and site preparation, existing forest cover shall be maintained to the greatest extent possible. The DRB may set requirements and conditions to minimize impacts when an application proposes any of the following as part of a proposed development:
(i) Site clearing for views. If there is to be tree removal for views from the site, it shall be done as to create view corridors. The Development Review Board may limit the amount of tree removal and site clearing and require the planting of additional trees or other vegetation in order to assure adequate screening, and the Board may require the applicant to submit a plan for maintaining and replacing designated trees during or after site development and constructions. New tree planting shall be of species that are native, non-invasive, and climate change resilient for the location of planting.
(ii) Site clearing that may impact scenic view sheds, including but not limited to view points shown in Map 11 Designated Scenic Resources, Town of Fayston, January 04, 2016.
(iii) Site clearing that may have adverse impacts to wildlife corridors (or potential travel corridors) as depicted on Town Plan Map 5 Fayston Core Habitat, significant wildlife habitat, or cause forest fragmentation in forest blocks.
(iv) Site clearing on slopes ≥15%. The Board may require stumps remain on slopes ≥15% to prevent erosion.

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