AGENDA ITEM 5A
July 23, 2013
Faden, Senior Legislative Attoptey.
, Amanda Mihill, Legislative Attorney
Bill 41-12, Streets and Roads - Roadside Trees - Protection
Transportation, Infrastructure, Energy and Environment Committee recommendation
(2-0-1, Councilmember Floreen abstaining): enact with a comprehensive amendment.
Bill 41-12, Streets and Roads - Roadside Trees - Protection, sponsored by Councilmembers
Berliner and EIrich, was introduced on December 11,2012. A public hearing was held on January
17 (see select testimony and correspondence beginning on ©43). Transportation, Infrastructure,
Energy and Environment Committee worksessions were held on January 28, February 25, April 1,
and June 24.
Bill 41-12 would require certain applicants to obtain a permit for certain roadside tree
activities as part of the existing right-of-way permit that the Department of Permitting Services
issues, would authorize the Department of Transportation to create a tree replacement fund to pay
for needed roadside trees, and would direct the County Executive to adopt regulations further
specifying roadside tree work standards.
This Bill would implement a 2009 state law (2009 Laws of Maryland Chapter 289, codified
at Maryland Code, Nat. Res. Art. §5-403(d)-(f)), which gave counties the authority to supplement
state laws governing roadside trees as long as the County law does not conflict with, and is more
stringent than, the State law.
Background/Comparison with State law
What does the current state law require?
The current State roadside tree law and regulations
require a person who cuts down any roadside tree, defined in state regulations as "a plant that has a
woody stem or trunk that grows all, or in part,
the right-of-way of a public road", to get a permit
from the Department of Natural Resources (DNR). DNR may issue a permit only if the proposed work
ISee State law, ©29-3\, and regulations, ©32-41.