An Orcas Island property owner who cut down and removed about 65 mature trees from a lot near Vusario Lane must obtain a clearing and grading permit, albeit after-the-fact, as a result of a recent investigation by local land-use officials.

However, the project itself, which sparked outrage among some in the neighborhood near Moran State Park and a petition calling for stiffer fines for land-use violations, falls well within what is allowed under state and local regulations, according to San Juan County Code Enforcement Officer Jeff Wasnick.

In fact, Wasnick said, had the same stand of trees not been located on a steep slope that a clearing and grading permit might not have been necessary.

But such a harvest, he added, does require a plan for managing stormwater runoff whether it’s on a slope or not.

“If it were a flat site, they probably would’ve needed only a stormwater plan,” Wasnick said. “What kicked it in terms of review is the slope.”

The property owner, John Vogt of La Jolla Calif., was issued a “notice of correction” following the investigation.

Wasnick said the after-the-fact permit will ensure appropriate measures are in place to prevent runoff and that it will act as a financial penalty as well.

Instead of paying $317 for the permit, the property owner must now pay twice that amount.

Wasnick noted that Vogt had an erosion-prevention plan in place and work on that plan was already underway before the notice of correction was issued.

In late September, members of the County Council, with photographs of the harvest in hand, cited that project in renewing its call for legislation that would streamline the process for issuing tickets for land-use violations and establish larger fines.

That legislation has yet to emerge from the Prosecuting Attorney’s office.

Roughly 40 after-the-fact permits have been required so far this year for building-related oversights, while another half-dozen have been required for issues involving land-use, according to the Community Development and Planning Department.

Vusario Lane neighbor Jo Ann Frances, in a recent letter to the editor published by the Sounder, called the harvest an “egregious” example of why “retro-permits” should be jettisoned in favor of stiffer penalties. She has collected more than 200 signatures on a petition demanding such policies to be put in place.

“Grant special permits if time is a legitimate factor,” Frances notes in the letter. “Grant them before the fact to be sure that the lay of the land is suitable for the activity.

“Do not let them say, ‘oops, sorry, can I have a retro-permit now?’.”

County planners have issued a so-called “determination of non-significance,” meaning the project will not have an adverse effect on the environment, in evaluation of the clearing-and-grading permit.

That determination is subject to review by the state Department of Ecology, and the deadline for public comment on that determination is Nov. 26; deadline for comment on the project and permit is Dec. 6.