Letters, February 2, 2012

SPEAK OUT! Georgetown County.

For years there has been no loud voice speaking out on behalf of the rights of private property owners in Georgetown County. Today I am proud to announce that this has changed with the organization of SPEAK OUT!

The need for such an organization is apparent whenever issues affecting private property rights come before County Council and the only groups that are heard from are all in favor of adding laws that further erode the rights that we have as property owners, whether it is large acreage or a residential lot.

SPEAK OUT! will not be asking Council to strike down any existing laws or regulations that affect private property rights, we simply do not want them to add to the existing ones.

The recent flap over the cutting of a live oak in Murrells Inlet was the loud and clear call for a group like SPEAK OUT!

A landowner lawfully removed a large live oak from their property. The usual suspects showed up before County Council and wailed on about what a travesty this was and how we needed a law to stop the wholesale slaughter of live oaks. After the smoke cleared and the eyes dried it came to light that the owner of the tree had consulted an arborist and it was recommended that the tree be removed. If there had been a law in place, the only difference would have been that the owner would have had to pay the County $100 or more for a permit. The fact is, there is no wholesale slaughter of live oaks. Everyone loves live oaks and they won’t be cut because of the law of common sense, unless the owner of the tree deems it necessary to cut it for THEIR good reason. We don’t need a new law. We need to understand that, today it is a tree that is important to one group, tomorrow it will be another group with a different concern and before you know it we have no rights left. As a member of the Sierra Club stated, “This proposed law is a good start.”

But Speak Out! is not about trees. It is about the protection of our existing property rights to do what we choose, within the law, on our own property without the interference of people who do not pay our taxes, cut our grass, trim our trees or help us pay for our property. There has never been nor will there ever be one of these groups that will offer to pay anyone anything for any right that they want taken away.

SPEAK OUT! is an e-mail based group with no scheduled meetings and no dues. You simply add your name in support of the concept and you will be notified by e-mail of any property issue in Georgetown County that may come before Council. You will be given the facts in order to make up your own mind as to whether you want to contact your Council representative or not. You will be copied on any relevant correspondence from or to the organization. I will be representing SPEAK OUT! at County Council meetings as well as to any community group that may request information. I will be asking for your input into what will be said.

Please e-mail me at: SPEAKOUT@SC.RR.COM to join and I will forward you copies of a few of the e-mails that I have received from people who are against the idea and whose opinions may persuade you even more of the need for SPEAK OUT!

Bill Hills
Organizer of SPEAK OUT!
Murrells Inlet

Support the Live Oak
Tree Ordinance

Our iconic Grand Live Oak Trees cannot speak for themselves.

The recent proposed amendment to the Georgetown County tree ordinance was unanimously approved by the Planning Commission on December 15, 2010, and essentially the following was sent to County Council for passage:

a permit will be required before the removal of large live oak trees from single family residential yards, but only on the Waccamaw Neck of the county, and only those live oak trees (not all oak trees) 30 inches or more in diameter at the trunk.

The trees are called “Grand Trees” in the amendment, and they are the ones which make it through various hurricanes and are likely to be 200 years old.

Certain persons, who certainly deserve to be heard on this matter, have apparently caused County Council members to “table” the amendment, thereby killing the proposed amendment without discussion, under the banner of private property rights of single family land owners. I am certainly an advocate of protecting private property rights, but I am also in favor of being heard in the democratic process — win or lose.

The amendment itself protects property rights and seeks to balance the interests. The amendment allows owners to obtain permits to cut in cases where a Grand Tree is diseased or dangerous, or in other hardship cases where the owner wants to build a house where the tree is located, an addition to a house, or other structure. It appears the lady who legally cut down the Grand Live Oak in Murrells Inlet in October had a valid reason for a permit (the tree was diseased), and a permit in her hand may well have helped her avoid or minimize the controversy that ensued.

Grand Trees can obviously be cut by anyone at any time, perhaps even paying a small fine, so what good is the Tree Amendment anyway? I would suggest that the amendment creates an awareness on the Waccamaw Neck that Grand Live Oaks are important and wanted by virtually everyone. Even if the amendment is passed, a homeowner can “clear cut” all manner of oaks, hickories, walnuts and large pines if he wishes. When it comes to Grand Trees, permitting is important to make sure there is a good reason for cutting them down. Many moving to this area from afar may not realize how important these iconic trees are to the locals, including most private property advocates. They may be able to work around the large tree, maybe not.

Property rights — “to use my property anyway I see fit” — are not unqualified or unlimited. Zoning ordinances are in effect on the Waccamaw Neck to ensure that one does not build, for instance, within the 15 feet side setback line in Single Family Residential (thus invading a neighbor’s privacy?), or to ensure that your neighbor does not build a McDonalds Restaurant next to your house. One sometimes buys property knowing in advance that he may have to perhaps obtain a permit to remove or fill wetlands or grave sites. There can be bad laws which can be too obtrusive, and I sympathize with the property rights advocates here. And there can be good laws that help us live together harmoniously and help us to protect the Grand Trees. I would hope that all of us could realize the amendment to the tree ordinance is the latter.

Some 80% of the Waccamaw Neck is zoned for residential, which could mean that 80% of our Grand Oak Trees on the Neck are now unprotected. I moved to Murrells Inlet for its “way of life,” the estuaries and the ocean, its resources, and its beauty, including Grand Oak Trees. The benefits of all trees are many, but the additional benefit of Grand Trees to tourism and to surrounding property values should be obvious to all, including private property advocates. I find it puzzling that property rights advocates have drawn a line in the sand on the issue of being able to take down large live Oak trees for any reason. I would guess that some 95% of the residents of the Waccamaw Neck would strongly endorse this tepid, though needed, tree ordinance amendment. This is an issue the main populace supports if they are made aware of it. So, we need to keep it in the news.

I have read the laws of other jurisdictions along our coast that are also blessed with Grand Live Oak trees, and all have apparently had success in implementing and enforcing ordinances for the protection of Live Oaks, including but not limited to Conway, Hilton Head, Charleston, Beaufort, Savannah and St. Simons Island. What about our county?

Discussion of the amendment needs to continue, and I would urge County Council to place the issue back on its agenda, call for public input at hearings, and vote on the issue. If the amendment is defeated, we’ll at least know who voted against it. Council must be transparent and accountable.

Nine from the public spoke up in favor of the amendment at the Planning Commission hearing in December, none spoke against.

The e-mail addresses for the three council persons for the Waccamaw Neck are: Jerry Oakley, Jerryoakley@gtcounty.org; Ron Charlton, Roncharlton@gtcounty.org; and Bob Anderson, Bobanderson@gtcounty.org. Let them know what you think.

Some protection of our Grand Trees warrants reasonable restrictions and awareness. They help identify our beautiful area and are treasures to the Low Country.

Leon Rice