Bill No.
41-12
Concerning:
Streets and Roads ­
Roadside Trees - Protection
Revised:
7-23-13
Draft No.
.:.:20~_
Introduced:
December 11. 2012
Enacted:
July 23. 2013
Executive: _--:-:---:--_:---_ _ __
Effective:
March 1.2014
Sunset Date: .....;N:...:.o=n=e'--_ _ _ _ __
Ch.
Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner and EIrich
AN
ACT to:
(1)
(2)
(3)
(4)
require [[a permit]] certain persons to file, and the Department of Permitting
Services to approve, a tree protection plan. and to obtain a right-of-way permit. for
certain activities affecting roadside trees;
require certain persons to plant certain trees and to pay into a roadside tree
replacement fund under certain circumstances;
require the County Executive to adopt regulations specifying certain roadside tree
protection, conservation, and replacement standards; and
generally amend the law regarding streets and roads.
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-112
Chapter 8. Buildings
Section 8-26
Chapter 49, Streets and Roads
Sections 49-35 and 49-36
By adding
Chapter 19, Erosion, Sediment Control and Storm Water Management
Section 19-71
Chapter 49, Streets and Roads
Section 49-36A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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Bill No. 41-12
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Sec. 1. Sections 2-112, 8-26, 49-35 and 49-36 are amended and [Section]
Sections 19-71 and 49-36A [is] are added as follows:
2-112.
Jurisdiction.
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(c)
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The Board has the following appellate jurisdiction.
The Board must Those appeals involve:
hear and decide
each
appeal
taken under:
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[[pennits for grading and construction]] Right-of­
way pennits
Section 49-35
*
8-26.
Conditions of permit.
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ful
Tree protection.
If any clearing, construction, or development allowed
by any pennit issued under this Chapter would result in the trimming,
cutting, removaLm9[ injury of any roadside tree Cas defined in Section
49-35) or any tree located in a State right-of-way in the County, the
Director must not issue that pennit until:
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the applicant obtains a roadside tree care pennit as necessary
from the State Department of Natural Resources: and
the applicant has submitted, in connection with the penn it applied
for under this Chapter. and the Director has approved, a site­
specific tree protection plan that meets the requirements of
Section 49-36ACdl.
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The Department must approve or reject each proposed plan within 30
days after receiving it. If the Department does not act on a proposed
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Bill No. 41-12
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plan within 30 days, the plan is approved by default. The Department
may reguire further information after a proposed plan is submitted. and
may extend this deadline once for an additional 15 daYs to receive any
needed information. The Department also may extend this deadline at
the reguest ofthe applicant.
(Q)
Regulations.
The Director may recommend, and the Executive may
adopt. regulations under Method (2) to specit)r standards and practices
needed to protect and maintain roadside trees, including construction
practices needed to prevent or minimize damage to roadside trees, under
subsection (n)
These regulations must be at least as stringent as
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applicable state roadside tree care standards and reguirements.
19-71.
Tree Protection.
W
If any clearing, construction. or development allowed by any permit
issued by the Department of Permitting Services under this Chapter
would result in the trimming, cutting. removal. or injury of any roadside
tree (as defined in Section 49-35) or any tree located in a State right-of­
way in the County,
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Director must not issue that permit until:
ill
the applicant obtains a roadside tree care permit as necessary
from the State Department of Natural Resources: and
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a) the applicant has submitted. in connection with the permit applied
for under this Chapter, and the Director has approved, a site­
specific tree prQtection plan that meets the reguirements of
Section 49-36A(d), unless the applicant is engaged in an activity
described in Section 49-36A(b)(2)'
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The Department must approve or reject each proposed tree protection
plan within 30 days after receiving it. If the Department does not act on
a proposed plan within 30 days. the plan is approved by default. The
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Bill No. 41-12
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Department may require further information after a proposed plan is
submitted. and may extend this deadline once for an additional 15 days
to receive any needed information. The Department also may extend
this deadline at the request ofthe applicant.
The County Executive may adopt regulations under Method (2) to
specify standards and practices needed to protect and maintain roadside
trees. including construction practices needed to prevent or minimize
damage to roadside trees, under this Section. These regulations must be
at least as stringent as applicable state roadside tree care standards and
requirements.
49-35.
[Permits for grading and construction] Rig;ht-of-way ([and roadside
tree work]] permit.
(a)
(1)
A person must not construct any road, sidewalk, shared use path,
curb and gutter, driveway, or drainage structure[, or]; begin any
such construction (including clearing, grading,
and
tree
cutting)[,]; or perform any tree work on any roadside tree
(including removing a stump in a County right-of-way), without a
permit from the Director of Permitting Services. Any permit
issued for roadside tree work must comply with Section 49-36A.
In
this Article, "roadside tree" means any plant that has a woody
stem or trunk which grows all, or in part, in the right-of-way of
any County public road.
(2)
In this Section and Sections 49-36.1 49-36A, and 49-37, unless
otherwise specified, Director refers to the Director of Permitting
Services and Department refers to the Department of Permitting
Services.
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Bill No. 41-12
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(b)
The Director must collect
~
fee, set
Qy
Method
J
regulation, for each
right-of-way [[and roadside tree work]] permit application.
the Director must not collect a fee for any permit to remove:
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a tree that endangers a person or property; or
a stump in the right-of-way.
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[(c)]
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[(e)]
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*
*
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[(d)]
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Any violation of this Section is a Class A violation.
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[Half] The Director must refund half the fees required by this Section
[must be refunded] to the applicant if a permit is rejected or withdrawn
[prior to the commencement of] before construction begins.
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If
an
applicant proposes to undertake a project using materials, standards, or
specifications superior to those required under this Article, the fees
charged must be computed on the estimated cost of the project as if it
met those requirements.
[(f)]
(g)
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[(g)]
W
49-36A.
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Roadside tree work.
({ra) Definitions. In this Section, the fOllowing words have the meanings
indicated:
Certified arborist means g person who is certified as an arborist
f2J!.
the
International Society
Q[
Arboriculture or who the Director finds has an
equivalent level
Q[experience
and training.
Critical root zone means the minimum area beneath g tree (typically g
concentric circle not less than
1.5
feet per diameter/inch
Q[
the tree,
measured at
4.5
feet above ground level) that must be protected to
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Bill No. 41-12
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preserve sufficient root mass to give the tree
fI
reasonable chance gf
long-term survival.
Licensed tree expert means fIperson licensed under Title
J.:.
Subtitle
1.
gf
the Natural Resources Article gf the Maryland Code or any successor
provision.
Pesticide means
ill
chemical or biological preparation used to kill, inhibit. or
regulate growth on g targeted plant. plant spore. or plant seed.
including:
{dl
an herbicide;
an insecticide;
fI
tree growth regulator; and
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fJll
{{;l
(D)
afungicide; or
substance or mixture gfsubstances intended:
{dl
to prevent. destroy. repel. or mitigate fIpest;
fOr use as gplant regulator. defoliant, or desiccant; or
for use as
fI
adhesive.
§J2I.f!J!.
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fJll
{{;l
adjuvant, such as
fI
wetting agent or
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Recommended County tree list means g list gf trees approved
f2J!.
the
Director after consulting the Chief gf Tree Maintenance in the
Department gfTransportation. The recommended tree list must include
each tree that the Department identifies as suitable for planting on
specific sites and conditions in the right-of-way gffIpublic road
Roadside tree means any single-stem plant that has g wooqy stem or
trunk that grows all, or in part, in the right-of-way gf any County or
State public road or shared use trail. {{Roadside tree includes the tree's
critical root zone.
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Bill No. 41-12
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Tree work means any activity affocting
f!
roadside tree, including:
ill
removal gf
f!
roadside tree or
f!
remaining stump;
planting pruning, root-pruning. or trimming
f!.
roadside tree;
application gfpesticide directly to or in the {[critical root zone
m
(Jl
9.DJ
right-of-way abutting
f!.
roadside tree:
ill
protection gf
f!.
roadside tree; or
treatment that may adversely affoct the health or growth gf
f!.
roadside tree.
@
m
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Applicability; exceptions.
The fOllowing activities do not require a right-of-way and
roadside tree work permit:
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cutting or clearing f!.public utility right-of-way or landfor
an electric generating station licensed under Sections 7­
204, 7-205.
or 7-208 gf the Public Utilities Article
gfthe Maryland Code, or any successor provision,
it
ill
any required certificate gfpublic convenience and
necessity has been issued under Section 5-1603
(j)
gf
the Natural Resources Article gfthe Maryland Code
or any successor provision; and
aj)
flll
the cutting or clearing is conducted in
f!
way that
minimizes the loss gfforest;
routine maintenance gf
f!.
public utility right-of-way. and
cutting or clearing any
tr~e
by a public utilitv as necessary
to
comply with a(2plicable vegetation management
requirements or to maintain. repair. replace. or upgrade
any public utility transmission or distribution line: or
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Bill No. 41-12
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(C)
cutting or clearing
g
public utility right-or-way or landfOr
q
new transmission or distribution line.
m
A licensed tree expert need not obtain
g
permit for work
performed on:
W
g
tree that is uprooted or truncated because gf
g
storm or
vehicular collision;
an
{Q
g
tree branch that is broken and contacts
g
telephone,
cable television, electric power, or other wire carrying
electric current; or
g
tree or tree branch that
g
certified arborist or licensed
tree expert finds is endangering
g
person or property.
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A certified arborist or licensed tree expert who provides tree
work under paragraph
m
must, within one week after an action
if
available.
and general
is taken. give the Department:
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notice gf the property address.
area where the action was taken; and
an
g
proposed plan to upgrade the work,
if
necessary,
to the
tree work standards in this Section and applicable
regulations.
The Department must approve, modifu or reject the proposed
plan, after reviewing the actions taken, within
14
dgys after
receiving the information.
If
the Department does not act on the
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proposed plan within
14
days, the plan is approved
f2J!.
detault.
The Department may require further information, and may
extend this deadline once .for an additional
dgys in
extenuating circumstances. The Director also
!!1f!J!.
extend this
deadline at the request gfthe applicant.
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Bill No. 41-12
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f£l
Right-or-way and roadside tree work permit required.
ill
The Department must not issue
g
building or related permit to an
applicant for any demolition, clearing, pre-construction activity,
construction, or development that is likely to result in the
trimming, pruning, root-pruning, cutting, removal, or injury
Q[
g
roadside tree unless the applicantfirst obtains
g
right-or-way and
roadside tree work permit from the Department.
al
[[4]J
Except as provided in subsection
(b)(]),
a right-or-way and
roadside tree work permit is required fOr any tree work on
g
utility located in
g
right-or-way, such as a:
{Al
sewer;
water or gas
~
storm drain;
electric, telephone, or television cable or conduit;
sidewalk;
driveway;
sump pump;
gutter outflow line; or
roadway or similar structure.
(Jl1
{Q
(D)
(E)
(F)
(Ql
(H)
ill
m
A person may receive
g
right-or-way and roadside tree work
permit to perform tree work
jf
the person:
{Al
holds title to the land where the roadside tree is located;
owns property abutting the right-or-way at the point where
the tree is located
(Jl1
{Q
is
g
government agency that has an easement .for the
public right-or-way where the tree is located;
(D)
is responsible.for providing tree care to the tree; or
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Bill No. 41-12
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(E)
@
is an authorized agent gfany gfthese.
Permit issuance and administration.
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After receiving an application for
f!.
right-of-wf!.Y and roadside
tree work permit, the Department
mf!Y.
meet with the applicant
and conduct an on-site examination gfthe proposed tree work.
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The Department should consult with the Chief gf Tree
Maintenance in the Department gf Transportation regarding
f!!!Y.
application under which the applicant would perform tree work.
The Department may issue
f!.
permit
if
the applicant shows that
the proposed tree work is necessary to:
{4l
protect the health gfthe tree;
eliminate or reduce
f!.
hazard to property, public safety. or
health;
(B)
(C)
(D)
improve or prevent
f!.
deteriorated tree condition;
improve the overall appearance gfthe right-of-way; or
fflflJ!.
out
f!.
development which has received all other
f.!fJ..
applicable development approvals.
ill
The Department may issue:
{4l
f!.
permit for
f!.
specific tree or group gf trees fOr specific
tree workfor
f!.
term not to exceed
1
year after the permit is
issued; and
(8)
f!.
permit fOr
f!.
comprehensive and continuing program gf
general tree work.
m
A permit issued under paragraph (4)(B) must specifY the!J!J2f!§.. gf
tree work
f1
covers, as allowed
I2J!.
the license gf the person who
will supervise the program.
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Bill No. 41-12
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If
the
Department denies
g
permit application. the Department
must notify the applicant Q[the reason.
fll
The Department may:
f&.
(B)
modify any term or condition Q[
f!
permit to best achieve
the objectives Q[this Article; or
suspend or revoke
g
permit
if
the holder violates
f!
condition Q[the permit or
g
provision Q[this Section or the
Natural Resources Article Q[the Maryland Code.
lid
Tree work pertormance; inspection; replacement.
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Each permittee must take all necessary measures to protect
g
roadside tree ,from damage during all phases Q[ clearing.
construction. or development Q[
g
building or other structure.
including installing protective fencing. avoiding soil compaction.
and protecting critical root zones in the right-of-way,
m
ill
A permittee must repair any damage
g
tree sustains during
construction or development. including any broken limb. root, or
scarred trunk. and any damage caused
f2J!.
soil compaction.
f&.
BefOre any bond filed with the Department under this
Chapter is released, or
(jf
no bond has been filed) befOre
any certificate Q[ occupancy or similar final approval is
issued,
the Department must inspect each atJ€cted
roadside tree to determine. after consulting the Chief Q[
Tree Maintenance in the Department Q[ Transportation.
whether the tree has
g
reasonable chance Q[achieving the
typical maximum age Q[
f!
roadside tree in that location.
fJll
If
the Department does not find that an atJ€cted tree has
f!
reasonable chance Q[ achieving the typical maximum age
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Bill No. 41-12
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gf
g
roadside tree in that location, or
if
the permittee has
removed
g
roadside tree, the Department must require the
permittee to
J2f!J!.
an amount set
fu!..
regulation into
g
tree
replacement fund maintained
Transportation.
(e)
The amount
gf
J2f!J!.ment must be set
fu!..
the Department
gf
fu!..
Method
1.
regulation; must be proportionate to the cost
gf
replacing
each affected tree. using
g
replacement ratio specified
fu!..
regulation that takes into account the survival rate
gf
newly-planted trees; must be computed according to the
size
gf
the affected tree; may consider the species. age,
rarity, and historical value
(jf
any)
gf
the affected tree; and
must not be less than
$35
per circumference/inch
gf
the
affected tree.
(D) The permittee must
J2f!J!.
the required amount within 30
days after the Director notifies the permittee that the
payment is required The Director may treat any unpaid
funds as
g
lien on the property where the affected tree is
located. and must not issue
g
certificate
gf
occupancy or
similar final approval for the site until full payment is
received
ill
Use gfpesticides.
ill
Any permittee who applies
f!
pesticide directly to
g
roadside tree
must be certified and licensed as required
fu!..
the State
Department
gf
Agriculture, and must comply with applicable
state regulations.
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Bill No. 41-12
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(gl
m
Any permittee who applies
fl.
pesticide must only use
fl.
pesticide
that is registered fOr that use
f2J!.
the
us.
Environmental
Protection Agency and the State Department gfAgriculture. Any
permittee who applies fl.pesticide mustfollow the manufacturer's
label directions for proper use.
m
{1l
Betore applying
fl.
pesticide,
fl.
permittee must notify the
Department gfthe approximate time andplace gfapplication.
Unless the Department directs otherwise.
fl.
permittee must not
apply an herbicide to
fl.
tree
if
the tree is §.feet tall or higher.
m
{Ql
A permittee must remove dead plant material resulting .from the
application gf an herbicide
reasons.
A permittee must take reasonable precautions in selecting and
applying fl.pesticide on or near
fl.
roadside tree to:
if
removal
is necessary for satety
ffi
avoid the use gf an herbicide on vegetation that
contributes to soil retention, especially at
fl.
highway cut or
fill and any other area with
fl.
steep slope; and
{!ll
prevent stream pollution and damage to any adjoining
property.
Roadside tree planting.
(JJ..
Any tree that is planted on
fl.
public right-or-way must be gf
fl.
species and variety from the recommended County tree list and
must contorm to the American Standard .tor Nursery Stock or
standards that the Director identifies as equivalent.
m
Each roadside tree planting must comply with
fl.
planting plan
approved
f2J!.
the Department after consulting the Chief gf Tree
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Bill No. 41-12
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(Ql
Maintenance in the Department gf Transportation. The planting
plan must cover:
tAl
[JlJ..
{Q
@.
stump removal. including
resulting hole;
~
requirement to fill in any
size and!J!I2§.. gfplanting stock;
planting specifications:
spacing;
species;
proximity to overhead wires;
care and maintenance; and
any other site consideration.
The County Executive must adopt relt1!:.lations under
(JjJ.
{El
(Ql
{lfl
fh1
Relt1!:.lations.
Method
J.
that are at least as stringent as applicable state roadside tree
standards and requirements. These relt1!:.lations may specifyfurther:
ill
criteria/or right-of-way and roadside tree work permit issuance;
roadside
tree
work standards
and
practices.
including
m
m
@.
construction practices that will minimize damage to roadside
trees;
criteria/or the use gfpesticides; and
roadside tree planting requirements./J
W
lUght-of:-wav permit required
The Department must not issue a
building or related permit to an applicant for any demolition. clearing,
pre-construction activity. construction. or development that is likely to
result in the trimming. pruning, root-pruning. cutting, or removal of. or
injury to, a roadside tree unless the applicant obtains a right-of-way
permit from the Department under Section 49-35.
Applicability: exceptions.
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Bill No. 41-12
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ill
A person (including a government agency) may receive a right­
of-way permit to perform tree work on a roadside tree if the
person:
!Al
Lal
(Q
holds title to the land where the roadside tree is located;
owns property abutting the right-of-way at the point where
the tree is located:
is a government agency that has an easement for the public
right-of-way where the tree is located:
CD)
is responsible for providing tree care to the tree:
is a public utilitv: or
is an authorized agent of any ofthese.
t:El
!El
ru
The following activities are not subject to this Section (except
subsection
(£))
and do not require a right-of-way permit:
CA)
cutting or clearing a public utility right-of-way or land for
an electric
g~neratingmstation
licensed under Sections 7­
204, 7-205. 7-207. or 7-208 of the Public Utilities Article
ofthe Maryland Code, or any successor provision. if:
any required certificate of public convenience and
necessity has been issued under Section 5-1603(t) of
the Natural Resources Article of the Maryland Code
or any successor provision; and
eii)
the cutting or clearing is conducted in a way that
minimizes the loss of forest;
Lal
routine maintenance of a public utility right-of-way, and
cutting or clearing any tree by a public utilitv as necessary
to comply with applicable vegetation managemment
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Bill No. 41-12
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(g
requirements or to maintain, repair. replace, or upgrade
any public utility transmission or distribution line: or
cutting or clearing a public utility right-of-way or land for
a new transmission or distribution line.
m
CA)
A
licensed tree expert need not obtain a right-of-way
permit for tree work performed on:
ill
Oi)
a tree that is uprooted or severely damaged because
of a storm or vehicular collision:
a tree branch that is broken and contacts a
telephone, cable television, electric power. or other
wire carrying electric current: or
(iii)
a tree or tree branch that a licensed tree expert finds
immediately endangers a person or property.
Ql)
A licensed tree expert who provides tree work under
subparagraph
CA)
must. within one week after an action is
taken. give the Department:
ill
Oi)
notice of the property address. if available, and
general area where the action was taken: and
a proposed plan to upgrade the work. ifnecessary, to
the tree work standards in this Section and
applicable regulations.
The Department must approve, modify, or reject the
proposed plan, after reviewing the actions taken, within 14
days after receiving the information. If the Department
does not act on the proposed plan within 14 days, the plan
is approved by default.
The Department may require
further information. and may extend this deadline once for
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Bill No. 41-12
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an additional 15 days in extenuating circumstances. The
Director also may extend this deadline at the request of the
applicant.
!£J
Basis ofpermit.
The Department may issue a right-of-way permit if the
applicant shows that the proposed tree work is necessary to:
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al
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UU
protect the health ofthe tree:
eliminate or reduce a hazard to property, public safety, or health:
improve or prevent a deteriorated tree condition:
improve the overall appearance ofthe right-of-way; or
carry out a development which has received all other applicable
development approvals.
Tree protection plan.
ill
The Department must not issue a right-of-way permit for tree
work under Section 49-35 until the applicant has submitted. and
the Department has approved, a site-specific tree protection plan
that requires the applicant to take all necessary measures to
protect. and mInImIZe damage during development to, any
affected roadside tree.
412
413
al
If the advice or consent of any County department. in its role as
owner of or otherwise responsible for the care of any tree in a
County right-of-way, is needed or requested before the state
Department of Natural Resources may act on a penn it allowing
tree work on a tree in a County right-of-way, that County
department must not give its advice or consent until the
Department of Permitting Services has approved a tree protection
plan under this subsection. Section 8-26. or Section 19-71.
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Bill No. 41-12
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The Department must approve or reject each proposed tree
protection plan within 30 days after receiving it.
If the
Department does not act on a proposed plan within 30 days. the
plan is approved by default. The Department may require further
information after a proposed plan is submitted. and may extend
this deadline once for an additional 15 days to receive any needed
information. The Department also may extend this deadline at
the request ofthe applicant.
W
Tree replacement.
ill
Each permittee who removes a roadside tree in a County right-of­
way must:
CAl
plant a tree from the recommended County tree list in a
County right-of-way. at or near the location of the original
tree, which is suitable to that location, unless the Director
waives this requirement because:
ill
(ij)
compliance at the particular site would not be
feasible: or
the removed tree was already dead or posed a
danger to persons or property; and
au
pay an amount into a Street Tree Planting Fund maintained
by the Department of Transportation, unless the Director
:waives this requirement because the removed tree was
already dead or posed a danger to persons or property, at a
rate set by regulation that will allow the Department of
l'ransportation to plant 2 more suitable replacement trees,
or 3 more replacement trees if the Director has waived the
on-site planting requirement because compliance at the
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Bill No. 41-12
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particular site would not be feasible, at suitable locations in
the right-of-way of a public road in the County.
!Zl
ill
The pennittee must pay the required amount within 30 days after
the Director notifies the pennittee that the payment is required.
The Department of Transportation must use funds in the Street
Tree Planting Fund only to plant trees in the right-of-way of a
public road in the County, and must not use funds received under
this subsection to hire additional County staff or to supplant funds
otherwise appropriated for that purpose.
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In locating. selecting, and planting trees under this subsection. the
Department must:
(A)
give highest priority to those areas of the County. such as
central business districts and other urban and suburban
areas. that have relatively low tree canopy coverage: and
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Qll
take every reasonable measure to avoid interference with
utility transmission and distribution lines.
ill
Roadside tree planting.
ill
In this Section.
recommended County tree list
means a list of
trees approved by the Director after consulting the Department of
Transportation. The list must only include trees that are also on
the State recommended tree list and must include each tree that
the Director identifies as suitable for phmting on specific sites
and conditions in the right-of-way of a public road in the County.
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!Zl
Any tree that any person plants on a public right-of-way must be
a species and variety listed on the recommended County tree list
and must confonn to the American Standard for Nursery Stock.
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Bill No. 41-12
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EnfOrcement.
In
addition to any other procedure or remedy allowed by
law, the Director may issue a stop work order to prevent or correct any
violation of this Section or any permit issued or plan approved under
this Section. Sections 8-20 and 8-22 apply to any stop work order
issued under this Section.
ilil
Regulations.
The County Executive must adopt regulations under
Method (2) to administer this Section that are at least as stringent as
applicable state roadside tree care standards and requirements. These
regulations may include:
ill
ill
priteria and procedures to issue. deny. modify, suspend. or revoke
permits for work on roadside trees:
tree work standards and practices needed to protect and maintain
roadside trees. including construction practices needed to prevent
or minimize damage to roadside trees: and
ill
supplementary
roadside
tree
planting.. requirements
and
specifications. and criteria and procedures needed to administer
the Street Tree Planting Fund.
Sec. 2. Effective Date.
This Act takes effect on March 1. 2014, and applies to
any permit applied for under Chapter 8, Chapter 19.or Section 49-35 on or after that
date.
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Bill No. 41-12
493
Approved:
494
495
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498
Isiah Leggett, County Executive
Date
Approved:
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501
This is a correct copy o/Council action.
Linda M. Lauer, Clerk ofthe Council
Date
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Bill No.
41-12
Concerning:
Streets and Roads ­
Roadside Trees - Protection
Revised:
7-23-13
Draft No.
.:.:20~_
Introduced:
December 11. 2012
Enacted:
July 23. 2013
Executive: _--:-:---:--_:---_ _ __
Effective:
March 1.2014
Sunset Date: .....;N:...:.o=n=e'--_ _ _ _ __
Ch.
Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner and EIrich
AN
ACT to:
(1)
(2)
(3)
(4)
require [[a permit]] certain persons to file, and the Department of Permitting
Services to approve, a tree protection plan. and to obtain a right-of-way permit. for
certain activities affecting roadside trees;
require certain persons to plant certain trees and to pay into a roadside tree
replacement fund under certain circumstances;
require the County Executive to adopt regulations specifying certain roadside tree
protection, conservation, and replacement standards; and
generally amend the law regarding streets and roads.
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-112
Chapter 8. Buildings
Section 8-26
Chapter 49, Streets and Roads
Sections 49-35 and 49-36
By adding
Chapter 19, Erosion, Sediment Control and Storm Water Management
Section 19-71
Chapter 49, Streets and Roads
Section 49-36A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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Bill No. 41-12
1
2
Sec. 1. Sections 2-112, 8-26, 49-35 and 49-36 are amended and [Section]
Sections 19-71 and 49-36A [is] are added as follows:
2-112.
Jurisdiction.
3
4
*
(c)
*
*
5
The Board has the following appellate jurisdiction.
The Board must Those appeals involve:
hear and decide
each
appeal
taken under:
*
6
7
*
*
[[pennits for grading and construction]] Right-of­
way pennits
Section 49-35
*
8-26.
Conditions of permit.
*
*
*
*
8
9
10
11
*
ful
Tree protection.
If any clearing, construction, or development allowed
by any pennit issued under this Chapter would result in the trimming,
cutting, removaLm9[ injury of any roadside tree Cas defined in Section
49-35) or any tree located in a State right-of-way in the County, the
Director must not issue that pennit until:
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13
14
15
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the applicant obtains a roadside tree care pennit as necessary
from the State Department of Natural Resources: and
the applicant has submitted, in connection with the penn it applied
for under this Chapter. and the Director has approved, a site­
specific tree protection plan that meets the requirements of
Section 49-36ACdl.
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The Department must approve or reject each proposed plan within 30
days after receiving it. If the Department does not act on a proposed
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Bill No. 41-12
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plan within 30 days, the plan is approved by default. The Department
may reguire further information after a proposed plan is submitted. and
may extend this deadline once for an additional 15 daYs to receive any
needed information. The Department also may extend this deadline at
the reguest ofthe applicant.
(Q)
Regulations.
The Director may recommend, and the Executive may
adopt. regulations under Method (2) to specit)r standards and practices
needed to protect and maintain roadside trees, including construction
practices needed to prevent or minimize damage to roadside trees, under
subsection (n)
These regulations must be at least as stringent as
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applicable state roadside tree care standards and reguirements.
19-71.
Tree Protection.
W
If any clearing, construction. or development allowed by any permit
issued by the Department of Permitting Services under this Chapter
would result in the trimming, cutting. removal. or injury of any roadside
tree (as defined in Section 49-35) or any tree located in a State right-of­
way in the County,
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me
Director must not issue that permit until:
ill
the applicant obtains a roadside tree care permit as necessary
from the State Department of Natural Resources: and
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a) the applicant has submitted. in connection with the permit applied
for under this Chapter, and the Director has approved, a site­
specific tree prQtection plan that meets the reguirements of
Section 49-36A(d), unless the applicant is engaged in an activity
described in Section 49-36A(b)(2)'
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Qil
The Department must approve or reject each proposed tree protection
plan within 30 days after receiving it. If the Department does not act on
a proposed plan within 30 days. the plan is approved by default. The
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Bill No. 41-12
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~
Department may require further information after a proposed plan is
submitted. and may extend this deadline once for an additional 15 days
to receive any needed information. The Department also may extend
this deadline at the request ofthe applicant.
The County Executive may adopt regulations under Method (2) to
specify standards and practices needed to protect and maintain roadside
trees. including construction practices needed to prevent or minimize
damage to roadside trees, under this Section. These regulations must be
at least as stringent as applicable state roadside tree care standards and
requirements.
49-35.
[Permits for grading and construction] Rig;ht-of-way ([and roadside
tree work]] permit.
(a)
(1)
A person must not construct any road, sidewalk, shared use path,
curb and gutter, driveway, or drainage structure[, or]; begin any
such construction (including clearing, grading,
and
tree
cutting)[,]; or perform any tree work on any roadside tree
(including removing a stump in a County right-of-way), without a
permit from the Director of Permitting Services. Any permit
issued for roadside tree work must comply with Section 49-36A.
In
this Article, "roadside tree" means any plant that has a woody
stem or trunk which grows all, or in part, in the right-of-way of
any County public road.
(2)
In this Section and Sections 49-36.1 49-36A, and 49-37, unless
otherwise specified, Director refers to the Director of Permitting
Services and Department refers to the Department of Permitting
Services.
*
*
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Bill No. 41-12
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(b)
The Director must collect
~
fee, set
Qy
Method
J
regulation, for each
right-of-way [[and roadside tree work]] permit application.
the Director must not collect a fee for any permit to remove:
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a tree that endangers a person or property; or
a stump in the right-of-way.
w
[(c)]
@
[(e)]
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*
*
*
*
*
*
[(d)]
W
Any violation of this Section is a Class A violation.
ill
[Half] The Director must refund half the fees required by this Section
[must be refunded] to the applicant if a permit is rejected or withdrawn
[prior to the commencement of] before construction begins.
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If
an
applicant proposes to undertake a project using materials, standards, or
specifications superior to those required under this Article, the fees
charged must be computed on the estimated cost of the project as if it
met those requirements.
[(f)]
(g)
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[(g)]
W
49-36A.
*
*
*
*
*
*
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Roadside tree work.
({ra) Definitions. In this Section, the fOllowing words have the meanings
indicated:
Certified arborist means g person who is certified as an arborist
f2J!.
the
International Society
Q[
Arboriculture or who the Director finds has an
equivalent level
Q[experience
and training.
Critical root zone means the minimum area beneath g tree (typically g
concentric circle not less than
1.5
feet per diameter/inch
Q[
the tree,
measured at
4.5
feet above ground level) that must be protected to
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Bill No. 41-12
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preserve sufficient root mass to give the tree
fI
reasonable chance gf
long-term survival.
Licensed tree expert means fIperson licensed under Title
J.:.
Subtitle
1.
gf
the Natural Resources Article gf the Maryland Code or any successor
provision.
Pesticide means
ill
chemical or biological preparation used to kill, inhibit. or
regulate growth on g targeted plant. plant spore. or plant seed.
including:
{dl
an herbicide;
an insecticide;
fI
tree growth regulator; and
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116
fJll
{{;l
(D)
afungicide; or
substance or mixture gfsubstances intended:
{dl
to prevent. destroy. repel. or mitigate fIpest;
fOr use as gplant regulator. defoliant, or desiccant; or
for use as
fI
adhesive.
§J2I.f!J!.
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fJll
{{;l
adjuvant, such as
fI
wetting agent or
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Recommended County tree list means g list gf trees approved
f2J!.
the
Director after consulting the Chief gf Tree Maintenance in the
Department gfTransportation. The recommended tree list must include
each tree that the Department identifies as suitable for planting on
specific sites and conditions in the right-of-way gffIpublic road
Roadside tree means any single-stem plant that has g wooqy stem or
trunk that grows all, or in part, in the right-of-way gf any County or
State public road or shared use trail. {{Roadside tree includes the tree's
critical root zone.
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Bill No. 41-12
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l31
l32
l33
l34
l35
136
Tree work means any activity affocting
f!
roadside tree, including:
ill
removal gf
f!
roadside tree or
f!
remaining stump;
planting pruning, root-pruning. or trimming
f!.
roadside tree;
application gfpesticide directly to or in the {[critical root zone
m
(Jl
9.DJ
right-of-way abutting
f!.
roadside tree:
ill
protection gf
f!.
roadside tree; or
treatment that may adversely affoct the health or growth gf
f!.
roadside tree.
@
m
ill
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Applicability; exceptions.
The fOllowing activities do not require a right-of-way and
roadside tree work permit:
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149
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W
cutting or clearing f!.public utility right-of-way or landfor
an electric generating station licensed under Sections 7­
204, 7-205.
or 7-208 gf the Public Utilities Article
gfthe Maryland Code, or any successor provision,
it
ill
any required certificate gfpublic convenience and
necessity has been issued under Section 5-1603
(j)
gf
the Natural Resources Article gfthe Maryland Code
or any successor provision; and
aj)
flll
the cutting or clearing is conducted in
f!
way that
minimizes the loss gfforest;
routine maintenance gf
f!.
public utility right-of-way. and
cutting or clearing any
tr~e
by a public utilitv as necessary
to
comply with a(2plicable vegetation management
requirements or to maintain. repair. replace. or upgrade
any public utility transmission or distribution line: or
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Bill No. 41-12
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(C)
cutting or clearing
g
public utility right-or-way or landfOr
q
new transmission or distribution line.
m
A licensed tree expert need not obtain
g
permit for work
performed on:
W
g
tree that is uprooted or truncated because gf
g
storm or
vehicular collision;
an
{Q
g
tree branch that is broken and contacts
g
telephone,
cable television, electric power, or other wire carrying
electric current; or
g
tree or tree branch that
g
certified arborist or licensed
tree expert finds is endangering
g
person or property.
ill
A certified arborist or licensed tree expert who provides tree
work under paragraph
m
must, within one week after an action
if
available.
and general
is taken. give the Department:
169
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W
notice gf the property address.
area where the action was taken; and
an
g
proposed plan to upgrade the work,
if
necessary,
to the
tree work standards in this Section and applicable
regulations.
The Department must approve, modifu or reject the proposed
plan, after reviewing the actions taken, within
14
dgys after
receiving the information.
If
the Department does not act on the
177
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181
proposed plan within
14
days, the plan is approved
f2J!.
detault.
The Department may require further information, and may
extend this deadline once .for an additional
dgys in
extenuating circumstances. The Director also
!!1f!J!.
extend this
deadline at the request gfthe applicant.
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Bill No. 41-12
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f£l
Right-or-way and roadside tree work permit required.
ill
The Department must not issue
g
building or related permit to an
applicant for any demolition, clearing, pre-construction activity,
construction, or development that is likely to result in the
trimming, pruning, root-pruning, cutting, removal, or injury
Q[
g
roadside tree unless the applicantfirst obtains
g
right-or-way and
roadside tree work permit from the Department.
al
[[4]J
Except as provided in subsection
(b)(]),
a right-or-way and
roadside tree work permit is required fOr any tree work on
g
utility located in
g
right-or-way, such as a:
{Al
sewer;
water or gas
~
storm drain;
electric, telephone, or television cable or conduit;
sidewalk;
driveway;
sump pump;
gutter outflow line; or
roadway or similar structure.
(Jl1
{Q
(D)
(E)
(F)
(Ql
(H)
ill
m
A person may receive
g
right-or-way and roadside tree work
permit to perform tree work
jf
the person:
{Al
holds title to the land where the roadside tree is located;
owns property abutting the right-or-way at the point where
the tree is located
(Jl1
{Q
is
g
government agency that has an easement .for the
public right-or-way where the tree is located;
(D)
is responsible.for providing tree care to the tree; or
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Bill No. 41-12
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(E)
@
is an authorized agent gfany gfthese.
Permit issuance and administration.
ill
After receiving an application for
f!.
right-of-wf!.Y and roadside
tree work permit, the Department
mf!Y.
meet with the applicant
and conduct an on-site examination gfthe proposed tree work.
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m
ill
The Department should consult with the Chief gf Tree
Maintenance in the Department gf Transportation regarding
f!!!Y.
application under which the applicant would perform tree work.
The Department may issue
f!.
permit
if
the applicant shows that
the proposed tree work is necessary to:
{4l
protect the health gfthe tree;
eliminate or reduce
f!.
hazard to property, public safety. or
health;
(B)
(C)
(D)
improve or prevent
f!.
deteriorated tree condition;
improve the overall appearance gfthe right-of-way; or
fflflJ!.
out
f!.
development which has received all other
f.!fJ..
applicable development approvals.
ill
The Department may issue:
{4l
f!.
permit for
f!.
specific tree or group gf trees fOr specific
tree workfor
f!.
term not to exceed
1
year after the permit is
issued; and
(8)
f!.
permit fOr
f!.
comprehensive and continuing program gf
general tree work.
m
A permit issued under paragraph (4)(B) must specifY the!J!J2f!§.. gf
tree work
f1
covers, as allowed
I2J!.
the license gf the person who
will supervise the program.
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Bill No. 41-12
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@
If
the
Department denies
g
permit application. the Department
must notify the applicant Q[the reason.
fll
The Department may:
f&.
(B)
modify any term or condition Q[
f!
permit to best achieve
the objectives Q[this Article; or
suspend or revoke
g
permit
if
the holder violates
f!
condition Q[the permit or
g
provision Q[this Section or the
Natural Resources Article Q[the Maryland Code.
lid
Tree work pertormance; inspection; replacement.
ill
Each permittee must take all necessary measures to protect
g
roadside tree ,from damage during all phases Q[ clearing.
construction. or development Q[
g
building or other structure.
including installing protective fencing. avoiding soil compaction.
and protecting critical root zones in the right-of-way,
m
ill
A permittee must repair any damage
g
tree sustains during
construction or development. including any broken limb. root, or
scarred trunk. and any damage caused
f2J!.
soil compaction.
f&.
BefOre any bond filed with the Department under this
Chapter is released, or
(jf
no bond has been filed) befOre
any certificate Q[ occupancy or similar final approval is
issued,
the Department must inspect each atJ€cted
roadside tree to determine. after consulting the Chief Q[
Tree Maintenance in the Department Q[ Transportation.
whether the tree has
g
reasonable chance Q[achieving the
typical maximum age Q[
f!
roadside tree in that location.
fJll
If
the Department does not find that an atJ€cted tree has
f!
reasonable chance Q[ achieving the typical maximum age
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Bill No. 41-12
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gf
g
roadside tree in that location, or
if
the permittee has
removed
g
roadside tree, the Department must require the
permittee to
J2f!J!.
an amount set
fu!..
regulation into
g
tree
replacement fund maintained
Transportation.
(e)
The amount
gf
J2f!J!.ment must be set
fu!..
the Department
gf
fu!..
Method
1.
regulation; must be proportionate to the cost
gf
replacing
each affected tree. using
g
replacement ratio specified
fu!..
regulation that takes into account the survival rate
gf
newly-planted trees; must be computed according to the
size
gf
the affected tree; may consider the species. age,
rarity, and historical value
(jf
any)
gf
the affected tree; and
must not be less than
$35
per circumference/inch
gf
the
affected tree.
(D) The permittee must
J2f!J!.
the required amount within 30
days after the Director notifies the permittee that the
payment is required The Director may treat any unpaid
funds as
g
lien on the property where the affected tree is
located. and must not issue
g
certificate
gf
occupancy or
similar final approval for the site until full payment is
received
ill
Use gfpesticides.
ill
Any permittee who applies
f!
pesticide directly to
g
roadside tree
must be certified and licensed as required
fu!..
the State
Department
gf
Agriculture, and must comply with applicable
state regulations.
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Bill No. 41-12
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(gl
m
Any permittee who applies
fl.
pesticide must only use
fl.
pesticide
that is registered fOr that use
f2J!.
the
us.
Environmental
Protection Agency and the State Department gfAgriculture. Any
permittee who applies fl.pesticide mustfollow the manufacturer's
label directions for proper use.
m
{1l
Betore applying
fl.
pesticide,
fl.
permittee must notify the
Department gfthe approximate time andplace gfapplication.
Unless the Department directs otherwise.
fl.
permittee must not
apply an herbicide to
fl.
tree
if
the tree is §.feet tall or higher.
m
{Ql
A permittee must remove dead plant material resulting .from the
application gf an herbicide
reasons.
A permittee must take reasonable precautions in selecting and
applying fl.pesticide on or near
fl.
roadside tree to:
if
removal
is necessary for satety
ffi
avoid the use gf an herbicide on vegetation that
contributes to soil retention, especially at
fl.
highway cut or
fill and any other area with
fl.
steep slope; and
{!ll
prevent stream pollution and damage to any adjoining
property.
Roadside tree planting.
(JJ..
Any tree that is planted on
fl.
public right-or-way must be gf
fl.
species and variety from the recommended County tree list and
must contorm to the American Standard .tor Nursery Stock or
standards that the Director identifies as equivalent.
m
Each roadside tree planting must comply with
fl.
planting plan
approved
f2J!.
the Department after consulting the Chief gf Tree
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Bill No. 41-12
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(Ql
Maintenance in the Department gf Transportation. The planting
plan must cover:
tAl
[JlJ..
{Q
@.
stump removal. including
resulting hole;
~
requirement to fill in any
size and!J!I2§.. gfplanting stock;
planting specifications:
spacing;
species;
proximity to overhead wires;
care and maintenance; and
any other site consideration.
The County Executive must adopt relt1!:.lations under
(JjJ.
{El
(Ql
{lfl
fh1
Relt1!:.lations.
Method
J.
that are at least as stringent as applicable state roadside tree
standards and requirements. These relt1!:.lations may specifyfurther:
ill
criteria/or right-of-way and roadside tree work permit issuance;
roadside
tree
work standards
and
practices.
including
m
m
@.
construction practices that will minimize damage to roadside
trees;
criteria/or the use gfpesticides; and
roadside tree planting requirements./J
W
lUght-of:-wav permit required
The Department must not issue a
building or related permit to an applicant for any demolition. clearing,
pre-construction activity. construction. or development that is likely to
result in the trimming. pruning, root-pruning. cutting, or removal of. or
injury to, a roadside tree unless the applicant obtains a right-of-way
permit from the Department under Section 49-35.
Applicability: exceptions.
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Bill No. 41-12
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ill
A person (including a government agency) may receive a right­
of-way permit to perform tree work on a roadside tree if the
person:
!Al
Lal
(Q
holds title to the land where the roadside tree is located;
owns property abutting the right-of-way at the point where
the tree is located:
is a government agency that has an easement for the public
right-of-way where the tree is located:
CD)
is responsible for providing tree care to the tree:
is a public utilitv: or
is an authorized agent of any ofthese.
t:El
!El
ru
The following activities are not subject to this Section (except
subsection
(£))
and do not require a right-of-way permit:
CA)
cutting or clearing a public utility right-of-way or land for
an electric
g~neratingmstation
licensed under Sections 7­
204, 7-205. 7-207. or 7-208 of the Public Utilities Article
ofthe Maryland Code, or any successor provision. if:
any required certificate of public convenience and
necessity has been issued under Section 5-1603(t) of
the Natural Resources Article of the Maryland Code
or any successor provision; and
eii)
the cutting or clearing is conducted in a way that
minimizes the loss of forest;
Lal
routine maintenance of a public utility right-of-way, and
cutting or clearing any tree by a public utilitv as necessary
to comply with applicable vegetation managemment
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(g
requirements or to maintain, repair. replace, or upgrade
any public utility transmission or distribution line: or
cutting or clearing a public utility right-of-way or land for
a new transmission or distribution line.
m
CA)
A
licensed tree expert need not obtain a right-of-way
permit for tree work performed on:
ill
Oi)
a tree that is uprooted or severely damaged because
of a storm or vehicular collision:
a tree branch that is broken and contacts a
telephone, cable television, electric power. or other
wire carrying electric current: or
(iii)
a tree or tree branch that a licensed tree expert finds
immediately endangers a person or property.
Ql)
A licensed tree expert who provides tree work under
subparagraph
CA)
must. within one week after an action is
taken. give the Department:
ill
Oi)
notice of the property address. if available, and
general area where the action was taken: and
a proposed plan to upgrade the work. ifnecessary, to
the tree work standards in this Section and
applicable regulations.
The Department must approve, modify, or reject the
proposed plan, after reviewing the actions taken, within 14
days after receiving the information. If the Department
does not act on the proposed plan within 14 days, the plan
is approved by default.
The Department may require
further information. and may extend this deadline once for
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Bill No. 41-12
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an additional 15 days in extenuating circumstances. The
Director also may extend this deadline at the request of the
applicant.
!£J
Basis ofpermit.
The Department may issue a right-of-way permit if the
applicant shows that the proposed tree work is necessary to:
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402
403
404
405
406
407
408
409
410
411
ill
al
ill
ill
ill
UU
protect the health ofthe tree:
eliminate or reduce a hazard to property, public safety, or health:
improve or prevent a deteriorated tree condition:
improve the overall appearance ofthe right-of-way; or
carry out a development which has received all other applicable
development approvals.
Tree protection plan.
ill
The Department must not issue a right-of-way permit for tree
work under Section 49-35 until the applicant has submitted. and
the Department has approved, a site-specific tree protection plan
that requires the applicant to take all necessary measures to
protect. and mInImIZe damage during development to, any
affected roadside tree.
412
413
al
If the advice or consent of any County department. in its role as
owner of or otherwise responsible for the care of any tree in a
County right-of-way, is needed or requested before the state
Department of Natural Resources may act on a penn it allowing
tree work on a tree in a County right-of-way, that County
department must not give its advice or consent until the
Department of Permitting Services has approved a tree protection
plan under this subsection. Section 8-26. or Section 19-71.
414
415
416
417
418
419
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Bill No. 41-12
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446
ill
The Department must approve or reject each proposed tree
protection plan within 30 days after receiving it.
If the
Department does not act on a proposed plan within 30 days. the
plan is approved by default. The Department may require further
information after a proposed plan is submitted. and may extend
this deadline once for an additional 15 days to receive any needed
information. The Department also may extend this deadline at
the request ofthe applicant.
W
Tree replacement.
ill
Each permittee who removes a roadside tree in a County right-of­
way must:
CAl
plant a tree from the recommended County tree list in a
County right-of-way. at or near the location of the original
tree, which is suitable to that location, unless the Director
waives this requirement because:
ill
(ij)
compliance at the particular site would not be
feasible: or
the removed tree was already dead or posed a
danger to persons or property; and
au
pay an amount into a Street Tree Planting Fund maintained
by the Department of Transportation, unless the Director
:waives this requirement because the removed tree was
already dead or posed a danger to persons or property, at a
rate set by regulation that will allow the Department of
l'ransportation to plant 2 more suitable replacement trees,
or 3 more replacement trees if the Director has waived the
on-site planting requirement because compliance at the
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Bill No. 41-12
447
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449
particular site would not be feasible, at suitable locations in
the right-of-way of a public road in the County.
!Zl
ill
The pennittee must pay the required amount within 30 days after
the Director notifies the pennittee that the payment is required.
The Department of Transportation must use funds in the Street
Tree Planting Fund only to plant trees in the right-of-way of a
public road in the County, and must not use funds received under
this subsection to hire additional County staff or to supplant funds
otherwise appropriated for that purpose.
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453
454
455
456
457
ill
In locating. selecting, and planting trees under this subsection. the
Department must:
(A)
give highest priority to those areas of the County. such as
central business districts and other urban and suburban
areas. that have relatively low tree canopy coverage: and
458
459
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461
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Qll
take every reasonable measure to avoid interference with
utility transmission and distribution lines.
ill
Roadside tree planting.
ill
In this Section.
recommended County tree list
means a list of
trees approved by the Director after consulting the Department of
Transportation. The list must only include trees that are also on
the State recommended tree list and must include each tree that
the Director identifies as suitable for phmting on specific sites
and conditions in the right-of-way of a public road in the County.
466
467
468
469
470
!Zl
Any tree that any person plants on a public right-of-way must be
a species and variety listed on the recommended County tree list
and must confonn to the American Standard for Nursery Stock.
471
472
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Bill No. 41-12
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474
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W
EnfOrcement.
In
addition to any other procedure or remedy allowed by
law, the Director may issue a stop work order to prevent or correct any
violation of this Section or any permit issued or plan approved under
this Section. Sections 8-20 and 8-22 apply to any stop work order
issued under this Section.
ilil
Regulations.
The County Executive must adopt regulations under
Method (2) to administer this Section that are at least as stringent as
applicable state roadside tree care standards and requirements. These
regulations may include:
ill
ill
priteria and procedures to issue. deny. modify, suspend. or revoke
permits for work on roadside trees:
tree work standards and practices needed to protect and maintain
roadside trees. including construction practices needed to prevent
or minimize damage to roadside trees: and
ill
supplementary
roadside
tree
planting.. requirements
and
specifications. and criteria and procedures needed to administer
the Street Tree Planting Fund.
Sec. 2. Effective Date.
This Act takes effect on March 1. 2014, and applies to
any permit applied for under Chapter 8, Chapter 19.or Section 49-35 on or after that
date.
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Bill No. 41-12
493
Approved:
494
495
496
497
498
Isiah Leggett, County Executive
Date
Approved:
499
500
501
This is a correct copy o/Council action.
Linda M. Lauer, Clerk ofthe Council
Date
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