AGENDA ITEM 5B
Faden, Senior Legislative
Amanda Mihill, Legislative AttomeycKf
Bill 35-12, Trees - Tree Canopy Conservation
recommendation: enact with comprehensive amendments.
Bill 35-12, Trees Tree Canopy Conservation, sponsored by the Council President at the
request of the County Executive, was introduced on November 27,2012. A public hearing was
held on January 17, 2013, along with Bill 41-12. Transportation, Infrastructure, Energy and
Environment Committee worksessions were held on January 28, February 25, April 1, June 24
and July 8.
Bill 35-12 would broadly:
• establish a fee-based program to mlmmlze and compensate for the loss and
disturbance of tree canopy as a result of development;
• provide for County mitigation when tree canopy is lost or disturbed; and
• establish a fund that the County can spend for tree canopy conservation projects,
including plantings of individual trees, groups of trees, or forests, on private and
How do other jurisdictions handle tree canopy protections?
At the February 25
worksession, Committee members asked Executive staff to research other jurisdictions that have
tree canopy laws and compare them to Bill 35-12. The response from DEP staffis on ©103-115.
As DEP staff noted when it transmitted this material:
This was not any easy task due to the wide variability and complexity of laws in other
jurisdictions (imagine someone trying to interpret our Forest Conservation Law, which
still sometimes confuses County staff). However, we hope this gives an indication that
(1) other jurisdictions have enacted tree protection programs and (2) the approach to
doing this varies greatly.