AGENDA ITEM 9A
July 30,2013
Action
MEMORANDUM
TO:
FROM:
County Council
~~ichael
Faden, Senior Legislative Attorney
,(Jeffrey
L.
Zyontz, Legislative Attorney
Action: Expedited Bill 21-13, Forest Conservation Law - Enforcement
SUBJECT:
Transportation,
Infrastructure,
Energy,
and
Environment
recommendation: enact as introduced (2-0, Councilmember Riemer absent).
Committee
Expedited Bill 21-13, Forest Conservation Law - Enforcement, sponsored by the Council
President at the request of the Montgomery County Planning Board, was introduced on July 9,
2013. A public hearing was held on July 23, at which no speakers appeared.
Bill 21-13 would
clarifY
the Planning Board's authority to enforce the forest conservation
law, and more specifically to enforce easements previously granted.
A Transportation, Infrastructure, Energy and Environment Committee worksession was
held on July 22. The Committee (2-0, Councilmember Riemer absent), recommended enactment
of the Bill as introduced, pending any issues raised at the later hearing.
This packet contains:
Expedited Bill 21-13
Legislative Request Report
Memo from Planning Board Chair
Fiscal and economic impact statements
1
5
6
7
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Expedited Bill No. ""'2-'-1-....:.;13=-_ _ _ __
Concerning: Forest
Conservation
Enforcement
Revised: 7-1- 2013
Draft No. _1_
Introduced:
July 9,2013
Expires:
January 9,2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _--:-:--_ _ _ _ _ __
Sunset Date: -.:..:N.::::,:on""e:..-:--:--_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President on behalf ofthe Montgomery County Planning Board
AN EXPEDITED ACT
to:
(l) clarifY the enforcement authority of the Planning Board in the forest conservation
law; and
(2) generally amend the law governing the enforcement of forest conservation
requirements.
By amending
Montgomery County Code
Chapter 22, Forest Conservation
Article III, Enforcement, Appeals, and Variances
Sections 19-21, and
19-22A
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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EXPEDITED BILL
No. 21-13
1
2
3
Sec. 1. Sections 22A-16 and Section 22A-20 are amended as follows:
22A-16.
Penalties and other remedies.
*
(b)
authority under this Chapter.
*
*
The Board's enforcement authority
4
5
Enforcement authority.
The Planning Board has primary enforcement
6
7
8
includes holding enforcement hearings, imposing administrative civil
penalties, ordering corrective actions, ordering the payment of civil
fines, ordering compliance with corrective action orders, and any other
action authorized
Qy
law. [Administrative enforcement actions may be
initiated by the] The Planning Director may initiate an administrative
enforcement action under this Article.
(
c)
9
10
11
12
Civil actions.
The Board may bring any civil action authorized by law
that the County may bring under [Sections] Section 1-18, 1-19, [and] or
1-20 to enforce this Chapter or any regulation adopted under it. The
Board may also bring a civil action to
enforce~
13
14
15
16
17
ill
a forest conservation plan and any associated [agreements,
easement, and restrictions,] agreement or restriction, including
any easement; or
18
19
ill
[to enforce] an administrative order.
20
21
These remedies are in addition to any remedy that the Board or the
County may initiate under state or County law to enforce the terms of a
regulatory approval which incorporates a forest conservation plan.
(d)
Administrative civil penalty.
(1)
In addition to any other remedy under this Article, a person who
violates this Chapter, any regulation adopted under it, a forest
conservation plan, or any associated agreement or restriction,
including any easement, is liable for an administrative civil
22
23
24
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27
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EXPEDITED BILL
No. 21-13
28
penalty imposed by the Planning Board. This administrative civil
penalty must not exceed the rate set by the County Council by
law or resolution, except as provided in paragraph (3), but must
not be less than the amount specified in Section 5-1608(c) of the
Natural Resources Article of the Maryland Code. Each day a
violation is not corrected is a separate violation.
29
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34
35
*
22A-20.
Hearings and appeals
*
*
*
*
*
*
*
*
36
37
*
(d)
Administrative enforcement process.
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40
*
(2)
Hearing.
*
(C)
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The Planning Board may designate a hearing officer,
including a Hearing examiner from the Office of Zoning
and Administrative Hearings, to conduct a hearing and
submit a report and recommendation on any alleged
violation of this Chapter. The hearing officer must submit
the required report and recommendation to the Board not
later than [60] 30 days after the hearing record closes. The
hearing officer may extend the time to file the report by
notifying all parties.
43
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*
Sec. 2.
(a)
*
*
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date when
it becomes law.
Q
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EXPEDITED BILL
No. 21-13
55
56
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(b)
Any amendment to County Code Chapter 22A made by Section 1 of
this Act applies to any enforcement action that the Planning Board takes
after this Act takes effect, regardless of whether the alleged violation to
which the enforcement action applies was committed before or after this
Act took effect.
59
60
Approved:
61
Nancy Navarro, President, County Council
Date
62
63
Approved:
Isiah Leggett, County Executive
Date
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65
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Expedited Bill 21-13
Forest Conservation Law
-
Enforcement
DESCRIPTION:
PROBLEM:
Would clarify that the Planning Board can enforce easements granted
under the forest conservation law.
The Planning Board's authority to enforce the forest conservation
law, and specifically easements granted under that law, has been
challenged in pending litigation.
To clarify the enforcement authority of the Planning Board in the
forest conservation law.
Planning Board, Department of Permitting Services
To be requested.
To be requested.
To be requested.
To be researched.
Christina Sorrento, Attorney, Planning Board, 301-495-4646;
Michael Faden, Senior Legislative Attorney, 240-777-7905
To be researched.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class A
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MONTGOMERY COUNTY PLANNING BOARD
THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION
OFFICE
OF
THE
CHAIR
June 28, 2013
The Honorable Nancy Navarro
President, Montgomery County Council
100 Maryland Avenue
Rockville, Maryland 20850
Dear Ms. Navarro:
On June 27,2013, the Montgomery County Planning Board recommended transmittal
of an Expedited Bill to the County Council pertaining to the enforcement section of the Forest
Conservation Law (Montgomery County Code Chapter 22A). The proposed Bill does not
expand the Forest Conservation Law, but rather clarifies the Planning Board's existing
enforcement authority.
1
The revisions to Section 22A-16 clarify the Planning Board's enforcement authority,
which includes ordering corrective actions and imposing administrative civil penalties for
forest conservation easement violations. The proposed revision to Section 22A-20 provides
the hearing officer 30 days after the hearing record closes to provide its written
recommendation to the Planning Board, instead of the current 60 day deadline stated in the
law. This change eliminates the disparity between the time period stated in the Forest
Conservation Law and the Montgomery County Planning Board Enforcement Rules, each of
which governs enforcement proceedings
in
front of a hearing officer and the Planning Board..
Members ofthe Planning Board and
Staff
of The Maryland-National Capital Park
&
Planning Commission are available to assist the Council in
its
review of the proposed
legislation, and extend their thanks to Council Staff for assisting in moving the Bill forward in
an expedited manner.
~
/
!
cc: Michael Faden
I
Jincerely,
,AA
~{.
(
4:.
Frarlyoise M. Carner
Chair
The Planning Board's enforcement authority has been challenged in recent cases. The proposed Bill seeks to
clarify
the enforcement authority granted to the Board, and eliminate confusion in the future.
8787
Georgia
Avenue,
Silver
Spring, Matyfand 20910 Phone: 301.495.4605 Fax: 301.495.1320
www.montgomeryplanningboard.org E·Mail: mcp-chait@mncppc-mc.org
(f)
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Fiscal Impact Statement
Council Expedited Bill 21-13, Forest Conservation Law - Enforcement
1. Legislative
Summary
(Enter narrative that explains the purpose of the legislation).
The legislation amends the law to clarify the enforcement authority ofthe Planning Board
in the forest conservation law.
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.
There are no changes in revenues or expenditures, as the legislation clarifies the authority
for revenues currently being collected.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
None.
4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
N/A.
5. Later actions that may affect future revenue and expenditures if the bill authorizes future
spending.
N/A.
6.
An
estimate ofthe stafftime needed to implement the bill.
N/A.
7.
An
explanation ofhow the addition of new staff responsibilities would affect other duties.
N/A.
8.
An
estimate of costs when an additional appropriation is needed.
N/A.
9. A description of any variable that could affect revenue and cost estimates.
N/A
10. Ranges of revenue or expenditures that are uncertain or difficult to project.
N/A.
11. If a bill is likely to have no fiscal impact, why that is the case.
The legislation clarifies the authority for revenues currently being collected.
12. Other fiscal impacts or comments.
None.
13. The following contributed to and concurred with this analysis: (Enter name and
department).
Michael F. Faden, Senior Legislative Attorney, County Council
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Date
i
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Economic Impact Statement
Expedited Bill 21-13, Forest Conservation - Enforcement
Background:
This legislation would clarify the Planning Board's authority to enforce the forest
conservation law, and more specifically to enforce easements previously granted.
1.
The sources of information, assumptions, and methodologies used.
• Since Expedited Bill 21-13 only clarifies the Planning Board's authority to
enforce the conservation law rather than creating new responsibilities for the
private or public sector it does not have an economic impact.
2. A description of any variable that could affect the economic impact estimates.
• The purpose of this legislation provides clarification to the Planning Board
enforcement authority under Section 22A-16 of the Montgomery County Code to
include holding enforcement hearings, imposing administrative civil penalties,
ordering corrective actions, ordering the payment of civil fines, ordering
compliance with corrective action, and any other action authorized by law.
• The legislation has no economic impact on employment, spending, saving,
investment, incomes, and property values in the County.
3. The Bill's positive or negative effect,
if
any on employment, spending, saving,
investment, incomes, and property values in the County.
• Tbis bill would have no economic impact on the County residents.
4.
If
a Bill is likely to have no economic impact, why is that the case?
• The legislation has no economic impact because it provides clarification of .
enforcement authority of the Planning Board
in
forest conservation law and
amends the law governing the enforcement of forest conservation requirements.
5. The following contributed to and concurred with this analysis:
David Platt and
Mike Coveyou, Finance.
Date'
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