Expedited Bill No. _-!::2:...!.1-....,:1.,::<3_ _ __
Concerning: Forest Conservation
Enforcement
Revised: 7-1-2013
Draft No. 1
Introduced:
July 9,2013
Enacted:
July 30, 2013
Executive:
August 5,2013
Effective:
August 5,2013
Sunset Date:
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_ _ _ _ __
Ch.
....1L...
Laws of Mont. Co.
2013
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
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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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authority under this Chapter.
*
*
The Board's enforcement authority
(b)
Enforcement authority.
The Planning Board has primary enforcement
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
.by
law. [Administrative enforcement actions may be
initiated by the] The Planning Director may initiate an administrative
enforcement action under this Article.
(c)
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~
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ill
a forest conservation plan and any associated [agreements,
easement, and restrictions,] agreement or restriction, including
any easement; or
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[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 tenns 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
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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)
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Administrative enforcement process.
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(2)
Hearing.
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(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.
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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.
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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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N~CDunCil
Approved:
This is a correct copy ofCouncil action.
:::;-/30//3
Date
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Date
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Linda M. Lauer, Clerk of the Council
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