Answer Man: Does the city have tree protection rules in place? Still no answer on where the Vance Monument stones … – Asheville Watchdog

Todays round of questions, my smart-aleck replies, and the real answers:

Question: As I sit through yet another day of saws buzzing, listening to my neighbors take down enormous trees in Kenilworth, I have to wonder how this is allowed in a place like Asheville? I grew up in Atlanta and even there I believe we had requirements to replant if trees were cut (an inch of diameter of trunk replanted for every inch removed). Why doesnt Asheville do anything to protect trees, even ones that are hundreds of years old?

My answer: Ive always been a little suspicious that the tree commission is sponsored by Stihl.

Real answer: I commiserated with this reader because in my neighborhood in Fletcher a couple of neighbors have recently mowed down a lovely stand of pine trees in one case and a row of Leyland cypresses in another. Both species can get big and pose problems, and sometimes disease could be a factor, but I always hate to see the trees go.

In Asheville, the city has made serious efforts to preserve trees and the tree canopy, according to spokesperson Kim Miller.

Asheville residents and city leaders cherish the beauty of our mountain home and have established ordinances, staff positions, and a community-led commission designed to protect and maintain our forests and trees, Miller said via email.

You can find the citys tree ordinance here. Its not that long but is a little dense to read.

The ordinance dates back a number of years and was spawned in part by outrage over tree cuts similar to what the reader expresses above. The intro to the ordinance states an October 23, 2019, study by Davey Resource Group found that from 2008 to 2018, the city lost 891 acres of tree canopy, a 6.4 percent reduction. The study also found the city has suffered measurable increases in airborne pollutants and damaging stormwater runoff as a result of its loss of tree canopy.

The city has a seven-member Urban Forestry Commission, which City Council appoints. The director of Planning and Urban Design administers the commission to protect and preserve the citys trees. The commission meets the first Tuesday of each month.

While it is not within the citys ability to require that all trees, or even specific trees, be preserved, the current ordinance uses a system of incentives focused on the preservation of existing trees, essentially making compliance easier when trees are saved versus cut or opting for a fee-in-lieu, Miller said.

The current tree canopy preservation ordinance has resulted in 2,473,521 square feet of canopy preserved, versus 336,850 square feet of canopy planted for compliance, Miller noted.

The city also hired an urban forester, Keith Aitken. You can find his contact information here.

The city can do only so much when it comes to ordinances, as property owners have rights that have to be respected. Also, the state, not cities, has ultimate authority in North Carolina.

The North Carolina state (General) Assembly has also established state rules, which limit the citys ability to regulate tree removal, Miller said.

But we do have a lot of folks around here who really cherish our trees, and its worth noting that Asheville GreenWorks, the nonprofit environmental group, expends a lot of energy to bolster our tree canopy.

We know that we are losing too many trees to development, the organization states on its website. Thats why were planting 2,500 trees each year to restore the tree canopy. To ensure we have enough trees to plant, we grow thousands of native trees each year at our two tree nurseries.

The Buncombe County Parks & Recreation Department provided a grant to install the tree nursery, according to the website. GreenWorks says the goal is to help the City of Asheville restore its tree canopy to 50 percent from 46 percent.

If youre interested in that program, send an email to volunteer@ashevillegreenworks.org.

Question: In what secret place are the Vance monument rocks being kept? And what will happen to them now that the court says the removal was OK?

My answer: I dont know, but the citys new all-granite block ice cream stand in Pack Square sure is nice. I imagine they dont even need air conditioning for that baby those stones must be two feet thick!

Real answer: No dice yet on this one, even though the states highest court ruled in late March that the citys removal of the controversial obelisk was legal.

I can certainly understand the desire for information on this, and I think there is a light at the end of this tunnel where disclosure will be possible, Asheville City Attorney Brad Branham said via email. However, in the immediate wake of the Supreme Court decision, I feel that the risk of providing that information is as high as it has ever been.

As reported by WLOS-News 13, the North Carolina Supreme Court announced its unanimous decision in the case on March 22, rejecting a lawsuit from a historic preservation group that had challenged the citys removal of the Vance Monument in Pack Square Plaza in 2021.

Vance, born in northern Buncombe County, served as the states governor during the Civil War, and in the United States Congress after the war. While he was a champion of public education, Vance, a slave owner before the war, also espoused horrible racial tropes and was unapologetically racist.

The city, which removed the monument in 2021, prevailed in the case, which was brought by the Society for the Historical Preservation of the 26th Regiment North Carolina Troops. That group had paid for a rehabilitation of the monument several years ago.

The city removed the 75-foot obelisk, which had towered over Pack Square since 1898, block by block and put the stones in storage.

Those who disagree with the courts ruling may feel compelled to seek out the materials in a desperate attempt to preserve the materials, Branham said. Therefore, in order to ensure that the final steps of this process can be carried out in a safe and effective manner, the city will only disclose the storage details after the removed materials have been disposed of. At that point, we will be happy to provide the requested details.

Branhan said he hopes that wont be too far in the distant future.

Both the Buncombe County Board of Commissioners and the Asheville City Council voted to remove the statue in 2020, saying it had become a public safety threat in the community, WLOS reported.

Asheville Watchdogis a nonprofit news team producing stories that matter to Asheville and Buncombe County. Got a question? Send it to John Boyle at jboyle@avlwatchdog.org or 828-337-0941. His Answer Man columns appear each Tuesday and Friday.TheWatchdogs reporting is made possible by donations from the community. To show your support for this vital public service go toavlwatchdog.org/donate.

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Answer Man: Does the city have tree protection rules in place? Still no answer on where the Vance Monument stones ... - Asheville Watchdog