§ 122-8-1. Definitions.

(a)

Clearing means removing or causing to be removed the vegetation growing in the soil which protects and stabilizes the soil. Such removing or causing to be removed shall include any intentional or negligent act to: (1) cut down, (2) remove all or a substantial part of, or (3) damage a tree or other vegetation which will cause the tree or other vegetation to decline and/or die. Such acts shall include but not be limited to damage inflicted upon the root system of the vegetation by the application of toxic substances, by the operation of equipment and vehicles, by storage of materials, or by alteration of the natural grade due to unapproved excavation or filling; or damage caused by the unapproved alteration of natural physical conditions.

(b)

Director means the Director of the Department of Land Development Services.

(c)

Forested area: Areas comprised of self-supporting tree and woody plants that exceed five feet in height at time of plan submission and meet criteria for health, condition and suitability as further defined in this section. Areas that meet the administrative definition provided above usually represent native forest or woodland plant communities that occur in a range of successional stages from rapidly changing early successional pioneer woodlands (often described as "scrub") to stable long-term sub-climax and climax forests. During mid to late successional stages, these plant communities typically consist of multiple layers of vegetation and other natural features including: super- and sub-canopy tree species; woody shrubs, herbaceous plants, vines, non-vascular plants and epiphytes; decaying leaf litter, root mass, fungi, soil biota; and abiotic components which the vegetation is dependent upon such as: soils, hydrologic conditions, and underlying geomorphic features.

(d)

Tree: Any self-supporting woody plant which visually produces one main trunk and a more or less distinct and elevated head with many branches that typically reach at least 15 feet in height at maturity, and for purposes related to ten-year tree canopy requirements exceeds five feet in height at time of plan submission.

(e)

Tree canopy coverage: The land area directly beneath the crown and within the dripline of a tree, or in the case of a group of trees or a forested area, the coalesced area directly beneath the overlapping crowns of trees whose boundary is defined by the extents of its outermost driplines.

(f)

Tree Conservation: As applied to trees and forested areas, tree conservation incorporates both tree preservation and tree planting efforts. (64-08-122; 20-19-122.)