AGENDA ITEM #lB

January 17,2013

Public Hearing

MEMORANDUM

TO:

FROM:

Transportation, Infrastructure, Energy

&

Environment Committee

~Michael

Faden, Senior Legislative Attorney

Amanda Mihill, Legislative

Attorney~~

Roadside Trees - Protection

SUBJECT:

Public Hearing:

Bill 41-12, Streets and Roads

Bill 41-12, Streets and Roads - Roadside Trees - Protection, sponsored by Councilmembers

Berliner and EIrich, was introduced on December 11, 2012. A Transportation, Infrastructure,

Energy and Environment Committee worksession is tentatively scheduled for January 28, 2013

at 9:30 a.m., along with Bil135-12, Trees - Tree Canopy Conservation.

Bil141-12 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)-(e)), which gave counties the authority to supplement

state laws governing roadside trees.

It

has been the subject of extensive pre-introduction

discussions with staff from relevant County Departments and other stakeholders.

This packet contains:

Bill 41-12

Legislative Request Report

Fiscal and Economic Impact Statement

F:ILA\V\BlLLS\l241 Streets And Roads-Roadside TreeslPublic Hearing Memo.Doc

Circle #

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Bill No.

41-12

Concerning:

Streets and Roads ­

Roadside Trees - Protection

Revised:

12-6-12

Draft No. -=-11'---_

Introduced:

December 11, 2012

Expires:

June 11, 2014

Enacted: _ _ _ _ _ _ _ _ __

Executive: _ _ _ _ _ _ _ __

Effective: _ _ _ _ _ _ _ _ __

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 for certain activities affecting roadside trees;

require certain persons 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 49, Streets and Roads

Sections 49-35 and 49-36

By adding

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.

Deleted from 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:



Bill 41-12

1

2

Sec.

1.

Sections 49-35 and 49-36 are amended and Section 49-36A is

added as follows:

49-35. [Permits for grading and construction] Right-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[,

such

construction (including

clearing,

or]~

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begin any

and

tree

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grading,

cutting)[,]~

or perform any tree work on any roadside tree,

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without a permit from the Director of Permitting Services. Any

permit issued for roadside tree work must comply with Section

49-36A.

(2)

In this Section and Sections 49-36,. 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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16

*

(b)

*

*

~

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The County Executive must collect

fee, set by Method

J

regulation,

for each right-of-way and roadside tree work permit application.

{£l

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[(c)]

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*

*

*

*

*

*

[(d)]

W

Any violation of this Section is a Class A violation.

[(

e)]

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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.

If an

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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

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o

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Bi1141-12

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met those requirements.

[(f)]

(g}

[(g)]

(h)

49-36A.

*

*

*

*

*

*

Roadside tree work.

Definitions.

In this Section, the following words have the meanings

UU

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indicated:

Certified arborist

means

~

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person who is certified as an arborist

by

the

International Society of Arboriculture or who the Director finds has an

equivalent level of experience and training.

Critical root zone

means the minimum area beneath

~

tree (typically

~

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concentric circle not less than 1.5 feet per diameter/inch of the tree,

measured at 4.5 feet above ground level) that must be protected to

preserve sufficient root mass to give the tree

long-term survival.

Licensed tree expert

means

~

person licensed under Title

2,.

Subtitle

1:

of

~

reasonable chance of

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the Natural Resources Article of the Maryland Code or any successor

prOVISIOn.

Pesticide

means a:

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ill

chemical or biological preparation used to kill, inhibit, or regulate

growth on

~

targeted plant, plant spore, or plant seed, including:

(A)

an herbicide;

an insecticide; .

~

~

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.cID

(Q}

tree growth regulator; and

fungicide; or

(D)

ill

substance or mixture of substances intended:

(A)

to prevent, destroy, repel, or mitigate

~

pest;

for use as

~

plant regulator, defoliant, or desiccant; or

.cID

o

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Bi1141-12

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©

for use as !! spray adjuvant, such as !! wetting agent or

adhesive.

Recommended County tree list

means !! list of trees approved

Qy

the

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Director after consulting the Chief of Tree Maintenance in the

Department of Transportation. 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 of!! public road.

Roadside tree

means any single-stem plant that has !! woody stem or

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trunk that grows all, or in part, in the right-of-way of any County or

State public road or shared use trail.

Roadside tree

includes the tree's

critical root zone.

Tree work

means any activity affecting !! roadside tree, including:

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ill

ill

ill

ill

ill

(Q)

removal of!! roadside tree or !! remaining stump;

planting pruning, root-pruning, or trimming!! roadside tree;

application of pesticide directly to or in the critical root zone of!!

roadside tree;

protection of!! roadside tree; or

treatment that may adversely affect the health or growth of !!

roadside tree.

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Applicability; exceptions.

ill

The following activities do not reqUire

!!

right-of-way and

roadside tree work permit:

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CA)

cutting or clearing !! public utility right-of-way or land for

an electric generating station licensed under Sections 7­

204, 7-205, 7-207, or 7-208 of the Public Utilities Article

of the Maryland Code, or any successor provision, if:

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Bill 41-12

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any required certificate of public convenience and

necessity has been issued under Section

5-1603(f)

of

the Natural Resources Article of the Maryland Code

or any successor provision; and

(ii) the cutting or clearing is conducted in !! way that

minimizes the loss of forest;

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lID

(Q

routine maintenance of!! public utility right-of-way; or

cutting or clearing !! public utility right-of-way or land for

~

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new transmission or distribution line.

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al

A licensed tree expert need not obtain !! permit for work

performed on:

(A) !! tree that is uprooted or truncated because of!! storm or

vehicular collision;

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lID

!! tree branch that is broken and contacts

~

telephone, cable

television, electric power, or other wire carrying electric

current; or

(Q !! tree or tree branch that

~

certified arborist or licensed tree

expert finds is endangering !! person or property.

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ill

A certified arborist or licensed tree expert who provides tree

work under paragraph

al

must, within one week after an action

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is taken, give the Department:

(A) notice of the property address, if available, and general

area where the action was taken; and

lID

!! proposed plan to upgrade the work, if necessary, to the

tree work standards in this Section and applicable

regulations.

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Bill 41-12

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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

1.1

days, the plan is approved

Qy

default.

The Department may require further information, and may extend

this deadline once for an additional

12

days in extenuating

circumstances. The Director also may extend this deadline at the

request ofthe applicant.

W

Right-Dr-way and roadside tree work permit required.

ill

The Department must not issue

~

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 of

~

roadside tree unless the applicant first obtains

~

right-of-way and

roadside tree work permit from the Department.

ill

A right-of-way and roadside tree work permit is required for any

tree work on

~

utility located in

~

right-of-way, such as a:

ill

sewer;

ill)

water or gas

~

storm drain;

©

(D)

ill}

electric, telephone, or television cable or conduit;

sidewalk;

driveway;

sump pump;

gutter outflow line; or

roadway or similar structure.

ill

(ill

(H)

ill

ill

A person may receive

f!

right-of-way and roadside tree work

o

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Bill 41-12

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permit to perform tree work if the person:

®

(ill

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

(9

is

£

government agency that has an easement for the public

right-of-way where the tree is located;

(D)

@

is responsible for providing tree care to the tree; or

is an authorized agent of any of these.

@

Permit issuance and administration.

ill

After receiving an application for

£

right-of-way and roadside

tree work permit, the Department may meet with the applicant

and conduct an on-site examination of the proposed tree work.

ill

The Department should consult with the Chief of Tree

Maintenance in the Department of Transportation regarding any

application under which the applicant would perform tree work.

ill

The Department may issue

£

permit if the applicant shows that

the proposed tree work is necessary to:

®

(ill

protect the health of the tree;

eliminate or reduce

£

hazard to property, public safety, or

health;

(9

(D)

ill.)

improve or prevent

£

deteriorated tree condition;

improve the overall appearance ofthe right-of-way; or

~

out

£

development which has received all other

applicable development approvals.

ill

The Department may issue:

@

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Bill 41-12

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(A)

f!:

pennit for

f!:

specific tree or group of trees for specific

tree work for

f!:

tenn not to exceed

1

year after the pennit is

issued; and

[ill

f!:

pennit for

f!:

comprehensive and continuing program of

general tree work.

ill

A pennit issued under paragraph (4)(B) must specify the

~

of

tree work it covers, as allowed

Qy

the license of the person who

will supervise the program.

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If the Department denies

f!:

pennit application, the Department

must notify the applicant ofthe reason.

ill

The Department may:

CA)

[ill

modify any tenn or condition of

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pennit to best achieve

the objectives of this Article; or

suspend or revoke

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pennit if the holder violates a

condition of the pennit or

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provision of this Section or the

Natural Resources Article of the Maryland Code.

W

Tree work perfOrmance; inspection,' replacement.

ill

Each pennittee must take all necessary measures to protect

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roadside tree from damage during all phases of clearing,

construction, or development of

~

building or other structure,

including installing protective fencing, avoiding soil compaction,

and protecting critical root zones.

{£)

A pennittee must repair any damage

~

tree sustains during

construction or development, including any broken limb, root, or

scarred trunk, and any damage caused

Qy

soil compaction.

ill

CA)

Before any bond filed with the Department under this

Chapter is released, or

ill

no

bond has been filed) before

@

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Bill 41-12

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any certificate of occupancy or similar final approval is

issued, the Department must inspect each affected roadside

tree to determine, after consulting the Chief of Tree

Maintenance in the Department of Transportation, whether

the tree has

f!

reasonable chance of achieving the typical

maximum age of

f!

roadside tree in that location.

an

If the Department does not find that an affected tree has

f!

reasonable chance of achieving the typical maximum age

of

f!

roadside tree in that location, or if the permittee has

removed

f!

roadside tree, the Department must require the

permittee to

Pf!Y

an amount set by regulation into

f!

tree

replacement fund maintained by the Department of

Transportation.

(Q}

The amount of payment must be set by Method

J.

regulation; must be proportionate to the cost of replacing

each affected tree, using

S!

replacement ratio specified by

regulation that takes into account the survival rate of

newly-planted trees; must be computed according to the

size of the affected tree; may consider the species,

~

rarity, and historical value

ill

any) of the affected tree; and

must not be less than $35 per circumference/inch of the

affected tree.

ill)

The permittee must

Pf!Y

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

f!

lien on the property where the affected tree is

located, and must not issue

f!

certificate of occupancy or

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Bill 41-12

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similar [mal approval for the site until full payment is

received.

ill

Use gfpesticides.

ill

Any permittee who applies

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pesticide directly to

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roadside tree

must be certified and licensed as required

Qy

the State

Department of Agriculture, and must comply with applicable

state regulations.

ill

Any permittee who applies

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pesticide must only use

~

pesticide

that is registered for that use

Qy

the U.S. Environmental

Protection Agency and the State Department of Agriculture. Any

permittee who applies

~

pesticide must follow the manufacturer's

label directions for proper use.

ill

(1)

Before applying

~

pesticide,

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permittee must notify the

Department of the approximate time and place of application.

Unless the Department directs otherwise,

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~

permittee must not

an herbicide to

~

tree if the tree is

§

feet tall or higher.

ill

A permittee must remove dead plant material resulting from the

application of an herbicide if removal is necessary for safety

reasons.

@

A permittee must take reasonable precautions in selecting and

applying

~

pesticide on or near

~

roadside tree to:

(A)

avoid the use of an herbicide on vegetation that contributes

to soil retention, especially at

~

highway cut or fill and any

other area with

~

steep slope; and

an

(g)

prevent stream pollution and damage to any adjoining

property.

Roadside tree planting.

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Bill 41-12

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Any

tree that is planted on

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public right-of-way must be of

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species and variety from the recommended County tree list and

must conform to the American Standard for Nursery Stock or

standards that the Director identifies as equivalent.

ill

Each

roadside tree planting must comply with

~

planting plan

approved

Qy

the Department after consulting the Chief of Tree

Maintenance in the Department of Transportation. The planting

plan must cover:

CA)

stump removal, including a requirement to fill m any

resulting hole;

ill)

size and

~

ofplanting stock;

planting specifications;

spacmg;

speCIes;

proximity to overhead wires;

©

CD)

lID

®

CH)

(hl

Regulations.

(Q) care and maintenance; and

any other site consideration.

The County Executive must adopt regulations under

Method

l

that are at least as stringent as applicable state roadside tree

standards and requirements. These regulations may specify further:

ill

ill

criteria for right-of-way and roadside tree work pennit issuance;

roadside

tree

work

standards

and

practices,

including

construction practices that will minimize damage to roadside

trees;

ill

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criteria for the use ofpesticides; and

roadside tree planting requirements.

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LEGISLATIVE REQUEST REPORT

Bill 41-12

Streets and Roads

-

Roadside Trees

-

Protection

DESCRIPTION:

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

Need to better protect and maintain roadside trees in County rights­

of-way.

To authorize the County to supplement state regulation and

protection of roadside trees.

Departments of Permitting Services, Transportation, Environmental

Protection

To be requested.

To be requested.

To be requested.

To be researched.

Michael Faden, Senior Legislative Attorney, 240-777-7905;

Amanda Mihill, Legislative Attorney, 240-777-7815

To be researched.

PROBLEM:

GOALS AND

OBJECTIVES:

COORDINATION:

FISCAL IMPACT:

ECONOMIC

IMPACT:

EVALUATION:

EXPERIENCE

ELSEWHERE:

SOURCE OF

INFORMATION:

APPLICATION

WITHIN

MUNICIPALITIES:

PENALTIES:

Class A.

I

F:\LA\V\BILLS\1241 Streets And Roads-Roadside Trees\Legislative Request Report,Doc



ROCKVILLE, MARYLAND

MEMORANDUM

January 14,2013

TO:

FROM:

Nancy Navarro, President, County Council

Jennifer A.

Joseph F. Beach,

HUghe~ector,

Office of Management and Budget

~c~~r,

Department

ofFinanc~

SUBJECT:

Council Bi1l41-12 ­ Streets and Roads - Roadside Trees - Protection

Please find attached the fiscal impact statement and economic impact statement

for the above-referenced legislation.

.

JAH:dh

c: Kathleen Boucher, Assistant Chief Administrative Officer

Lisa Austin, Offices of the County Executive

Joy Nurmi, Special Assistant to the County Executive

Patrick Lacefield, Director, Public Information Office

Joseph F. Beach, Director, Department of Finance

Michael CoveyolJ, Dcpa11ment of Finance

Dob Hoyt, Department of Environmental Protection

Art HolInes, Department ofTransportation

Diane Schwartz Jones, Department of Permitting Services

Alex Espinosa, Office of Management and Budget

Amy Wilson, Office of Management and Budget

Dennis Hetman, Office of Management and Budget

Ayo

APOllo11,

Office of Management and Budget

@



Fiscal Impact Statement

Council Bill 41-12, Streets and Roads - Roadside Trees - Protection

1. Legislative Summary

The proposed bill requires certain applicants to obtain a permit for certain roadside tree

activities as part of the existing right-of-way permit issued by the Department of

Permitting Services (DPS); authorizes the Department of Transportation (DOT) to create

a tree replacement fund to pay for needed roadside trees; and directs the County

Executive to adopt regulations further specifying roadside tree work standards.

The Department of Permitting Services will administer the law. The Department of

Transportation's Chief of Tree Maintenance will manage the consultations pertaining to a

recommended county tree list that will include each tree the Department identifies as

suitable for planting on specific sites and conditions in the right-of-way of a public road.

2. An estimate of changes in County revenues and expenditures regardless of whether

the revenues or expenditures are assumed

in

the recommended or approved budget.

Includes source of information, assumptions, and methodologies used.

• The Department of Permitting Services (DPS) estimates additional staffmg will be

necessary to meet the required reviews and inspections:

• 1 Certified kborist (Grade 26)

• .25 Senior Permitting Services Specialist (Grade 26)

• 2 Senior Permitting Services Inspectors (Grade 23)

• .30 Senior Permit Technician (Grade 19)

First year expenditures are projected at $347,075 consisting of $258,687 in personnel

costs and $88,388 in operating costs of which $71,464 are one-time costs for vehicles and

equipment. DPS estimates the bill will generate an additional 500 permits per year at a

minimum of$135 per permit for projected additional annual revenues of $67,500. DPS

has indicated they can absorb the fractional positions within existing staff.

• The Department of Environmental Protection (DEP) does not anticipate any measurable

fiscal impact from the proposed bill.

• The Department of General Services (DGS) estimates the cost of an average county

project will increase between $2,000 and $12,500 with consultant costs comprising an

estimated $1,500 to $5,000 per project and construction costs an estimated $500 to

$7,500 per project. DGS notes it will take several iterations of the proposed projects in

order to accurately project a predictable cost. For the purpose of the FY15-20 CIP, each

project will be budgeted and scheduled using the high end projections given

implementation of the bill. DGS estimates permit fee costs of $250 to $1,500 per project

and assumes five project starts per year.

• The Department of Transportation (DOT) does not anticipate additional costs associated

with the proposed changes. Projects that currently need

NRIlFSD

and forest

conservation plan (FCP) approval through M-NCPPC will continue to follow the current

permit issuance process and will therefore be exempt from requirements of the proposed

bill. Any projects small enough to be covered under the proposed bill of 40,000 square

feet and less will be required to have tree replacement and stump grinding or tree

protection. All of these activities are currently completed on most DOT projects of this



size. Montgomery County Code, Chapter 49 exempts DOT from the permit process

when conducting routine tree maintenance and emergency tree maintenance in the

County right-of-way. Consequently,

this

bill will

~ave

little or no effect on DOT's tree

maintenance programs.

The proposed bill creates a Tree Replacement Fund for fees collected as a result of tree

disturbance and as the source of funds to pay for needed roadside trees. DOT would

manage this fund. The tree replacement fund would have adclitional work hours

attributed to office staff to maintain the fund and to the field operations portion of the

planting program. DOT has a $100,000 annual planting program where the additional

tree planting completed as a consequence ofthe replacement fund can be implemented

into the current program efficiently and with relative ease and negligible costs. With

respect to revenue, DOT has indicated the number ofpayments to the tree fund cannot be

predicted.

'

3. Revenue and expenditure estimates covering at least the next 6 fiscal years.

• DPS projects expenditures of $347,075 during year one and $276,331 annually thereafter

for a six year total of$1,728,730. The bilI'is estimated to generate an additional 500

pemuts per year at a minimum of$135 per permit for projected adclitional annual

revenues of $67,500 or $405,000 for six years.

• DGS estimates the cost of an average county project will increase between $2,000 and

$12,500 for a six year total between $12,000 and $75,000. DGS notes it will take several

iterations ofthe proposed projects

in

order to accurately project a predictable cost.

4.

An

actuarial analysis through the entire amortization period for each bill that would

affect retiree pension or group insurance costs.

Not applicable. The proposed bill does not affect retiree pension or group insurance

costs.

5. Later actions that may affect future revenue and expenditures

if

the bill authorizes

future spending.

The proposed bill requires the County Executive to amend the law regarding streets and

roads and adopt regulations that are at least as stringent as applicable state roadside tree

standards and requirements specifying road side tree protection, conservation, and

replacement standards. The County Executive's amendments in addition to potential

state actions may cause expenditures to cbange on imposed mandatory requirements

particularly if the County adopts requirements that are more stringent than statewide

requirements.

6. An estimate of the staff time needed to implement the bill.

DPS estimates additional staffing will be necessary to meet the required reviews and

inspections:

• 1 Certified Arborist (Grade 26)

II

.25 Senior Permitting Services Specialist (Grade 26)

• 2 Senior Permitting Services Inspectors (Grade 23)

II

.30 Senior Permit Technician (Grade 19)



For the certified arboristjob class the enactment of the bill includes an additional 1,550

hours oftime or the equivalent of 1 work year.

- 150 hours or

Y2

hour per plan for review of roughly 300 existing

DNR

permits for tree

removal

- 500 hours or

Y2

hour per plan for review of roughly 1,000 existing ROWand sediment

control pennits that affect critical root zone

- 250'hours or

Y2

hour per plan for review of approximately 500 existing activities not

currently requiring a DPS ROW or sediment control pennit such as house additions,

plumbing, and utility activities outside of the right of way

- 300 hours for blanket pennits as specified in the proposed bilL

- 250 hours for administration of exceptions as specified in the proposed bill for

emergency work and certain utility work

- 100 hours to work with other agencies on administration, technical support,

construction standards and training

For the

2

senior penllitting inspector positions the enactment ofthe bill includes an

additional 3,050 hours oftime for inspeetion staff or the equivalent of2 work years.

- 1,500 hours or 1.5 additional inspections for roughly 1,000 existing ROWand sediment

control pennits that affect critical root zone

- 1,000 hours or 2 inspections per permit for approximately 500 existing activities not

currently requiring a DPS ROW or sediment control pennit such

as

house additions,

plumbing, and utility activities outside of the right of way

- 300 hours for blanket permits

- 250 hours for administration of exceptions for emergency work and certain utility work

7.

An

explanation of how the addition of new staff responsibilities would affect other

duties.

DPS projects the need for 3 additional staff to meet the required number of reviews and

inspections.. DPS will absorb the fractional positions within existing staff.

8. An estimate of costs when an additional appropriation

is

needed.

No additional appropriation is required in FYI3.

In

FYI4 and beyond additional

appropriation will be required to cover estimated costs for DPS

($276,331).

Additional

costs for DGS ($75,000) will be reflected in the cost of CIP projects. Costs will be offset

by increased revenues.

9. A description of any variable that could affect revenue and cost estimates.

Article I, Section 49-35

(b)

states the County Executive must collect a fee for each right­

of-way and roadside tree work permit. This fee would be set by method 3 regulation and

must be proportionate to the cost of replacing each affected tree using a replacement ratio

specified by regulation that takes into account the survival rate of newly planted trees;

must be computed according to the size of the affected tree, may consider the species,

age, rarity, and historical value (if any) of the affected tree; and must not be less than $35

per circumference/inch of the affected tree. All listed fee calculation variables have a

potential impact on revenue estimates.

The proposed bill also defines a recommended County list of approved trees. Any tree

that is planted on a public right-of-way must be a species and variety from the

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recommended County tree list and must conform to the American Standard for Nursery

Stock. The breadth of criteria for an approved tree will affect the volume of permits and

thereby corresponding revenues and cost estimates.

DOT has indicated the number ofpayments to the tree fund cannot be predicted.

10. Ranges of revenue or expenditures that are uncertain or difficult to project.

See #9

11.

If

a bill

is

likely to have no fIScal impact, why that is the case.

Not applicable.

12. Other fiscal impacts or comments.

Not applicable.

13. The following contributed to and concurred with this analysis:

Rick Brush, Department of Pennitting Services;

Donald Scheuerman Jr., Department of General Services;

Stan Edwards, Department of Environmental Protection;

R.

Keith Compton, Department of Transportation;

Brett Linkletter, Department of Transportation;

Amy Wilson, Office of Management and Budget;

Dennis Hetman, Office of Management and Budget

Date'

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Economic Impact Statement

Council Bil141-12

Streets and Road, - Roadside Trees - Protection

Background:

This proposed legislation would:

• require a permit for certain roadside tree activities as part of the existing right-of­

way permit issued by the Department of Permitting Services (DPS);

• authorize the Department of Transportation (DOT) to create a tree replacement

fund to pay for needed roadside trees;

• direct the County Executive to adopt regulations further specifying roadside tree

work standards;

• amend Chapter 49, Sections 49-35 and 49-36, of the Montgomery County Code;

• require the Department of Permitting Services to administer the law; and

• require the Department of Transportation's Chief of Tree Maintenance to manage

the consultations pertaining to a recommended county tree list that will include

each tree the Department identifies as suitable for planting on specific sites and

conditions in the right-of-way of a public road.

1. The sources of information, assumptions, and methodologies used.

Estimates of permit activity, permit costs, and additional development costs as a

result of the subject legislation per the Departments of Permitting Services,

Transportation, and General Services (see Fiscal Impact Statement).

2. A description of any variable that could affect the economic impact estimates.

The number of projects subject to the new permitting requirements, the cost of

permit fees, and the additional consultation and construction costs required to

comply with the terms of the subject legislation and resulting regulations.

3. The Bill's positive or negative effect,

if

any on employment, spending, saving,

investment, incomes, and property values in the County.

Based on preliminary estimates of permit costs, additional development costs, and

the number of projects subject to the new permitting requirements, the legislation

is not expected to have a material or quantifiable impact on employment,

spending,. saving, investment income, or property values in the County.

Development costs

may

increase based on the legislation because of the permit

fees and the costs of compliance with the legislation. The cost per project will

vary based on the location, scope, nature, and other circumstances of each project.

However, using the estimate of the potential number of new permits from DPS

and the range of cost impact per County project by DGS the table below indicates

a range of potentially increased development costs.

Page 1 of2



Economic Impact Statement

Council Bill 41-12

Streets and Road, - Roadside Trees - Protection

Total Costs Per

Project (including

Permit

Fee

Total Permit

Fees Costs Per

Project

Fees

135

$

67,500

$

2,000

$

1,067.500

135

$

67,500

12500

$

6,317.500

Low Range

High

Range

Nwnberof

Permits

500

$

500

$

4.

If

a Bill

is

likely to have no economic impact, why is that the case?

See item

#3.

5.

The following contributed to and concurred with

this

analysis: David Platt and Mike

Coveyou, Finance and Richard Brush, Department of Permitting Services.

~lwr~

Department of Finance

Page 2 of2

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