AGENDA ITEM #9
November 24, 2010
L~gislative Attom~y ~
Amanda Mlhlll, LeglslatIve
Expedited Bi1l53-10, Forest Conservation
Transportation, Infrastructure, Energy
Environment Committee recommendation (2-0):
enact Bill 53-10 with a technical amendment
Expedited Bill 53-10, Forest Conservation
Conforming Amendments, sponsored by the
Council President at the request of the Planning Board, was introduced on October 26,2010. A
Transportation, Infrastructure, Energy and Environment Committee worksession was held on
November 22 and a public hearing was held on November 23.
Bill 53-10 would:
• reduce the threshold acreage of forest cut, cleared, or graded above which certain
activities cannot be exempted from the Forest Conservation Law;
• clarify how money in the Forest Conservation Fund can be used; and
• identify certain vegetation that must be retained unless the Planning Board or Planning
Director authorizes a variance; and revise certain variance requirements.
The bill draft that the Planning Board originally transmitted to the Council would make
numerous other changes to remove inconsistencies, provide clarity, and make implementing the
law more efficient. To ensure that the Council can address the issues quickly, only the portions
of the bill that would conform existing law to state law and authorize the Planning Director to
approve a variance were introduced.
The attached bill is a corrected version of the introduced bill. The bill introduced on October 26
did not incorporate changes already made to §22A-21 in Expedited Bill 34-09, Forest
Conservation Enforcement, which the Council enacted, and the Executive signed, earlier this
year (©6-7, lines 133-146).