T&E ITEM 1
July 22,2013
Worksession
MEMORANDUM
TO:
FROM:
Transportation, Infrastructure, Energy and Environment Committee
J
!Jeffrey
L.
Zyontz, Legislative Attorney
~Jvlichael
Faden, Senior Legislative Attorney
Worksession:
Expedited Bill 21-13, Forest Conservation Law - Enforcement
SUBJECT:
Expedited Bi1l21-13, 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 is scheduled for July 23 at 1:30 p.m.
Bill 21-13 would clarify the Planning Board's authority to enforce the forest conservation
law, and more specifically to enforce easements previously granted.
Council staff recommendation: enact as introduced.
This packet contains:
Expedited Bill 21-13
Legislative Request Report
Memo from Planning Board Chair
F:\LAw\BILLS\I321 Forest Conservation Enforcement\T&E Memo.Doc
Circle #
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Expedited Bill No.
=..21.!..-...!.;13:::...-_ _ _ __
Concerning: Forest
Conservation
Enforcement
Draft No.
_1_
Revised:
7-1- 2013
Introduced:
July 9,
2013
Expires:
January
9,2015
Enacted: ___________________
Executive: ________________
Effective: _ _. . . _ _ - - - - - - ­
Sunset Date: _N:..:,o::::,:n.:.,:e'--_:__----
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President on behalf of the Montgomery County Planning Board
AN EXPEDITED ACT
to:
(1) 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 unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No. 21-13
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Sec. 1. Sections 22A-16 and Section 22A-20 are amended as follows:
22A-16.
Penalties and other remedies.
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*
(b)
authority under this Chapter.
*
*
The Board's enforcement authority
Enforcement authority.
The Planning Board has primary enforcement
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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)
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Civil actions.
The Board may bring any civil action authorized by law
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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~
ill
a forest conservation plan and any associated [agreements,
easement, and restrictions,] agreement or restriction, including
any easement; or
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ill
[to enforce] an administrative order.
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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)
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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
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&
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EXPEDITED BILL NO. 21-13
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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.
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*
22A-20.
Hearings and appeals
*
*
*
*
*
*
*
*
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(d)
Administrative enforcement process.
*
(2)
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Hearing.
*
(C)
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.
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*
Sec. 2.
(a)
*
*
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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
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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.
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Approved:
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Nancy Navarro, President, County Council
Date
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Approved:
Isiah Leggett, County Executive
Date
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This is a correct copy ojCouncil action.
Linda M. Lauer, Clerk of the Council
Date
f:\law\bills\1321 forest conservation enforcement\bill1.doc
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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.
I
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 of the 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.
Jincerely ,
i
.
rh
(lll
flrUt
B
tI1
11­
U
Lfr'aJ;oi;M.
cJer -'. '_-'/
Chair
cc: Michael Faden
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.
I
8787 Georgia Avenue, Silver Spring,
Maryland
20910 Phone: 301.495.4605 Fax: 301.495.1320
www.montgomeryplanningboard.org E-Mail: mcp-chait@mncppc-mc.org
@