T&ElTEM 1
July 21, 2014
Worksession
MEMORANDUM
TO:
FROM:
Jransportation, Infrastructure, Energy and Environment Committee
&ichael Faden, Senior Legislative AttorneY\.:at
Amanda Mihill, Legislative Attorney
~~
,
Worksession: Expedited Bill 25-14, Forest Conservation
Amendments
SUBJECT:
Expedited Bill 25-14, Forest Conservation - Amendments, sponsored by the Council
President at the request of the Planning Board, was introduced on May 6, 2014. A public hearing
was held on June 10 at which representatives of the County Executive and the Park and Planning
Commission supported the Bill (see testimony, ©32-33).
Bill 25-14 would amend the Forest Conservation Law (FCL) for consistency with State law
by exempting stream restoration projects and maintenance or retrofitting of stormwater management
structures from certain requirements of the law. Bill 25-14 would also make other improvements to
the law which are explained in the Planning Board memo (see
©9-1 0).
Issues for Committee Discussion
1) Should removing trees hazardous to aviation be exempt from the
FeLt
Revenue
Authority Executive Director Keith Miller urged the Council to exempt removing trees that are a
hazard to aviation from the forest conservation requirements. He noted that this exception is
presently in the State FCL and the County tree canopy law. Department of Environmental
Protection (DEP)
staff
agreed that FAA projects should be exempt from the FCL but thought this
amendment might not be needed. Council staff recommends inserting the following amendment
after ©4, line 63:
(w)
cutting or clearing any tree by an existing airport operating with all applicable
permits to comply with applicable provisions of any federal law or regulation
governing the obstruction of navigable airspace if the Federal Aviation
Administration has determined that the tree creates a hazard to aviation.
This language is essentially identical to language in the tree canopy law and is consistent with state
law.
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2) County Attorney amendments
In
addition to minor technical amendments, the County
Attorney suggested 2 substantive amendments
to
Bill 25-14:
a) Definition/or "developed area".
As
introduced, "developed area" would be defined (©2,
lines
5-7)
as:
Developed area
means the portion of!! property which has been altered from its natural state
hY
the construction of !! building. recreational facility, road or alley, rail line, athletic field,
stormwater management facility, parking
lQb
or utility.
The County Attorney's Office notes that this definition is quite narrow and might not cover
some improvements, such as a bike path. To avoid undue restrictiveness, Council
staff
recommends
deleting [[or]] and inserting at the end of the sentence: OLSimilar
improvement.
b) Small/ot exemption
This Bill would amend the FCL exemption for development of less
than 5,000 square feet as follows:
(t) a modification to an existing non-residential developed property if:
(1)
no more than [5000] 5,000 square feet of forest [will be cleared] is ever cleared in
one event or cumulatively over multiple events from the first exemption;
The County Attorney believes that this language is awkward and unclear. The Planning
Board transmittal noted that its intent is to clarify that to qualify for this exemption, no
more than 5,000 square feet of forest can be removed cumulatively. Therefore, Council
staff
recommends
the following redraft to better achieve the intent:
(t) a modification to an existing non-residential developed property if:
(1) no more than [5000] 5,000 square feet of forest [will be cleared] is ever cleared
[[in]]
one [[event]] time or cumulatively [[over multiple events from the first
exemption]] after an exemption is issued;
3) DEP amendments
DEP staff proposed
3
minor amendments, shown as comments m3­
m5 in the markup on ©37-38. Council staff does not object to them.
This packet contains:
Expedited Bill 25 -14
Legislative Request Report
Memo from Planning Board
State law (House Bill 706)
Fiscal and Economic Impact statement
Hearing testimony
Memo from Revenue Authority
DEP amendments
F:\LAw\BILLS\1425 Forest Conservation Law\T&E Memo.Doc
Circle
#
1
8
9
11
28
32
34
37
2
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ExpeditedBili No.
25-14
Concerning: Forest
Conservation
Amendments
Revised:
7/11/14
Draft No.
...12..
Introduced:
May 6,2014
Expires:
November 6, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _---:-:_ _ _ _ _ __
Sunset Date: ....
N=o""':n:.:e~--:-
_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the request of the Planning Board
AN EXPEDITED ACT
to:
(1)
exempt certain stream restoration projects from certain requirements of the forest
conservation law;
(2)
exempt certain maintenance or retrofitting of stonnwater management structures
from certain requirements of the forest conservation law; and
(3)
generally amend the forest conservation law.
By amending
Montgomery County Code
Chapter 22A, Forest Conservation - Trees
Sections 22A-3, 22A-4, 22A-5, 22A-ll, 22A-12, 22A-20
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. 25-14
1
Sec. 1. Sections 22A-3, 22A-4, 22A-5, 22A-ll, 22A-12, and 22A-20 are
amended as follows:
22A-3.
Definitions.
2
3
4
*
*
*
5
6
7
Developed area
means the portion of
~
property which has been altered from its
natural state
Qy
the construction of
~
building, recreational facility, road or alley,
rail line, athletic field, stonnwater management facility, parking lot, or utility.
Developed property
means
~
property that contains
~
developed area.
Development application
means an application, as described in Section 22A-4, filed
8
9
10
11
12
with the Planning Board, Planning Director, Board of Appeals, Hearing Examiner, or
Department of Pennitting Services, for plan approval or sediment control pennit.
*
*
*
13
14
15
Stream Restoration Project
means an activity that:
ill
ill
is designed to stabilize stream banks or enhance stream function or
habitat located in an existing stream, watelWay, or floodplain;
avoids and minimizes impacts to forests and provides for replanting on-
site an equivalent number of trees to the number removed
Qy
the
project;
16
17
18
19
20
21
ill
may be perfonned under
pennit,
~
~
municipal separate stonn sewer system
watershed implementation plan growth offset, or another plan
administered
Qy
the State or local government to achieve or maintain
water quality standards; and
22
23
24
25
ill
is not perfonned to satisfy stormwater management, wetlands
mitigation, or any other regulatory requirement associated with
development application.
~
26
27
*
22A-4.
Applicability
*
*
o
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ExPEDITED BILL
No.
25-14
28
Except as otherwise expressly provided in this Chapter, this Chapter applies
to:
(a)
a person required by law to obtain an initial approval or amendment to
~
development plan [approval], diagrammatic plan [approval], project
plan [approval], preliminary plan of subdivision [approval], or site plan
[approval];
29
30
31
32
33
34
35
36
*
22A-S.
Exemptions.
*
*
The requirements or Article IT do not apply to:
37
38
39
*
(t)
(1)
*
*
a modification to an existing non-residential developed property if:
no more than
[5000]
5,000 square feet of forest [will be cleared]
is ever cleared in one event or cumulatively over multiple events
from the first exemption;
(2)
the modification does not [affect] result in the cutting, clearing, or
grading of any forest in a stream buffer or located on property in
a special protection area which must submit a water quality plan;
40
41
42
43
44
45
[and]
(3)
the modification does not require approval of a [new] preliminary
plan of subdivision [plan.I;. and
46
47
48
ill
(ill
the modification does not increase the developed area
Qy
more
than 50%, and the existing development is retained;
49
50
maintaining or retrofitting an existing stormwater management structure
51
52
53
it
ill
the clearing of vegetation or removal and trimming of trees is for
the maintenance or retrofitting of the structure and in the original
limits of disturbance for construction ofthe existing facility; and
54
G)
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forest
conservation Iaw\bi111 a.doc:x
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ExPEDITED BILL
No. 25-14
55
56
ill
(y)
the tract is not included m
f!
previously approved forest
conservation plan; and
57
58
59
f!
stream restoration project for which the applicant for
f!
sediment
control permit has:
ill
ill
ill
22A-ll.
(b)
executed
f!
binding maintenance agreement of at least
with the affected property owner or owners;
~
years
60
61
agreed to replace every tree removed and plant the new trees in
the first planting season after fmal stabilization; and
confirmed that the tract is not included in
f!
previously approved
forest conservation plan.
62
63
64
65
Application, review, and approval procedures.
66
67
*
*
*
Project requiring development plan, project plan, preliminary plan of
subdivision, or site plan approval.
68
69
*
(2)
*
*
70
71
Forest conservation plan.
(A)
Application.
[Upon notification] After being notified that
72
73
the forest stand delineation is complete and correct, the
applicant must submit a forest conservation plan to the
Planning Director.
If the development proposal will
74
75
76
require more than one of the approvals subject to this
subsection, the applicant must submit a preliminary forest
conservation plan to the Planning Director in conjunction
with the first approval and a final forest conservation plan
in conjunction with the last approval. If only one approval
subject to this subsection is required, an applicant[, with
the approval of the Planning Board, may] must submit a
77
78
79
80
81
G
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forest
conservation law\bill1a.docx
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ExPEDITED BILL
No.
25-14
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
preliminary forest conservation plan at the time of the
development [approval] application and a fmal forest
conservation plan before [issuance of] a sediment control
permit is issued for the tract, but no later than
~
record plat
is submitted.
*
(C)
*
*
[Condition of approval] Approval.
The Planning Board
must review and act on the forest conservation plan [will
be reviewed by the Planning Board] concurrently with the
development plan, project plan, preliminary plan of
subdivision or site plan, as appropriate. [The] Compliance
with the preliminary forest conservation plan, as [may be]
amended by the Board, must be made a condition of any
approval of the first applicable development application.
Compliance with the final forest conservation plan, as
amended
Qy
the Board. must be made
,
~
condition of any
For a
approval of the last development application.
development plan, a Planning Board recommendation to
the District Council on the preliminary forest conservation
plan must be made under Section 59-D-l.4. A final forest
conservation plan must be approved
Qy
the Planning Board
or Planning Director, as appropriate, before the Planning
Board approves
~
record plat.
*
(d)
*
*
*
*
Project requiring a sediment control permit only.
*
o
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ExPEDITED BILL
No.
25-14
108
109
110
111
112
(3)
Issuance ofsediment control permit.
A sediment control pennit
must not be issued to a person who must comply with this Article
until[:
(A)]
a fmal forest conservation plan, if required, is approved[;
and
(B)
any fmandaI security instrument required under this
Chapter is provided].
113
114
115
116
117
*
22A-12.
(g)
*
*
*
*
Retention, afforestation, and reforestation requirements.
*
In lieu fee.
(1)
General.
118
119
If a person satisfactorily demonstrates that the
120
requirements for reforestation or afforestation on-site or off-site
cannot
be
reasonably accomplished, the person must contribute
money to the forest conservation fund at a rate specified [by the
County Council] by law or Council resolution, but not less than
the rate required under Section 5-1610 of the Natural Resources
Article of the Maryland Code. [The requirement to contribute
money must be met
within
90 days after development project
completion.] Any
in
lieu fee payment must be made before any
land disturbing activity, as defined in Chapter 19, occurs on
section ofthe tract subject to the forest conservation plan.
~
121
122
123
124
125
126
127
128
129
130
131
132
133
*
(i)
*
*
*
*
Financial Security.
*
(4)
Amount required.
o
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ExPEDITED BILL No.
25-14
134
135
136
137
138
139
(A)
If
[the]
fmancial security is required under subparagraph
(l)(A) [of this subsection], the security instrument must be
in an amount equal to the estimated cost of afforestation,
reforestation, and maintenance applicable to the section of
the tract subject to the land disturbing activity.
If the
applicant sells an individual lot before providing the
required financial security, the Planning Director may
allow the new lot owner to provide
~
fmancial security that
applies to the requirements specific to the development of
that lot.
The instrument must include a provision for
140
141
142
143
144
145
146
147
148
149
150
151
adjusting the amount based on actual costs. The financial
security instrument must be submitted to the Planning
Director before any land disturbing activity occurs on the
tract. The Planning Director must notifY the obligee of any
proposed adjustment and provide the opportunity for an
informal conference.
*
22A-20.
Hearings and appeals.
*
*
*
*
152
153
*
(c)
Forest stand delineations:. exemptions from Article
ll..
and forest
conservation plans [approved] reviewed by the Planning Director.
154
155
*
Sec. 2.
*
*
156
157
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.
158
159
(j).
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LEGISLATIVE REQUEST REPORT
Expedited Bill 25-14
Forest Conservation
-
Amendments
DESCRIPTION:
Expedited Bill 25-14 would amend Chapter 22A for consistency with
State law by exempting the following from certain requirements of
the Forest Conservation Law: stream restoration projects and
maintenance or retrofitting of stormwater management structures.
Current County law is out of date and does not reflect State law
changes made in 2013.
To make County law consistent with State law.
Maryland-National Capital Park and Planning Commission
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:
EXPERIEN CE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITmN
MUNICIPALITIES:
PENALTIES:
A violation of Chapter 22A is a Class A violation.
F:\LAw\BILLS\1425 Forest Conservation Law\LRR.Ooc
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MONTGOMERY COUNTY PLANNING BOARD
THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION
OFFICE
OF
THE CHAIR
February 21, 2014
The Honorable Craig Rice
President, Montgomery County Council
Stella B. Werner Council Office Building
100
M
ary
I
an
d
Avenue
Rockville, Maryland 208S0
Dear
~l:tf.
~~
~:o
norrt
:.r.:
§~~
~.2-«
r
o~o
CJ.~
"
On
February 20,2014, the Montgomery County Planning Board recommended
S~to
~
g'"
0
~
­
:il
VI
transmit an Expedited Bill
to
the County Council to make the County's Forest Conservation
Law consistent with House Bill 706, which became effective Statewide on October 1,2013,
and to make other clarifying changes to the law. The proposed revision:
1. Adds four new definitions to Section 22A·3. The defInitions are needed to clarify the various
sections of the law. The defInitions "developed area," "developed property" and
"development application" are necessary to identify specific trigger points later in the law.
The definition "stream restoration project" is from House Bill 706.
2. Clarifies Section 22A-4 by indicating that the forest conservation law applies to any person
who is required to obtain approval of a new development application, or an amendment
to
a
development application.
3. Changes Section 22A-5 to codify a staff practice and add two exemptions from submitting a
forest conservation plan. The proposed change to 22A-5(t) clarifies that
to
qualify for an
exemption, no more than SOOO square feet offorest can be removed cumulatively, the
modification cannot substantially increase the developed area, and the existing use must be
retained. Proposed ex.emptions 22A-5 (u) and (v)
are
in response
to
House Bill 706.
4. Will prevent unsuspecting lot purchasers from needing to obtain final forest conservation plan
approval when small landowners who subdivide tracts of land have not procured approval ofa
final forest conservation plan prior to selling recording Jots. In these cases the first new lot
buyer currently
has
the additional responsibility
to
submit and fmalize the final forest
conservation plan before they can obtain a sediment control permit. The proposed changes to
Section 22A-ll
(b
)(2)(A) will
require
all final forest conservation plans be approved prior to
Planning Board approval of the record plat. Thus, the
party
subdividing the land will have
responsibility to gain approval for the fmal forest conservation plan before selling any lots.
S. Identifies that the Planning Board must approve a preliminary forest conservation plan with
the first applicable development application, and a fmal forest conservation plan with the last
applicable development application. Previously the law did not have a timing mechanism as
8787
Geotgia
Avmue,
Silver
Spxiog. Maryland 20910
Phone: 301.495.4605
Fax: 301.495.1320
www.montgomerypllUlningboard.org
E-Mail:- mcp-chair@mncppc-mc.org
(j)
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The Honorable Craig Rice
February
21,2014
Page Two
to when the forest conservation plans were to
be
approved by the Planning Board. These
proposed changes are in Section 22A-ll(b)(2)(C).
6.
Removes the requirement that forest conservation fmancial surety be posted prior to the
issuance of a sediment control permit. The Montgomery County Department of Permitting
Services currently issues sediment control pennits without ensuring the financial security is
posted, and it is staff practice is to require financial surety prior to any land disturbance
occuning on the subject site, not prior to a sediment control pennit. The proposed change to
Section 22A-II(d)(3) will codify the practice.
7. Clarifies that when a developer makes a payment in lieu of planting forest on site, the in-lieu
fee payment is required prior to any land disturbing activity occuning on a section of the tract
subject to a forest conservation plan. The current law allows applicants to make the in-lieu
fee payment within 90 days after project development completion.
In
practice, however,
applicants are providing the payment prior to land disturbance. Therefore the proposed
changes to Section 22A-12(g)(1) codify the development community's practice of paying
before land disturbance.
8.
Allows individual lot owners to post a financial surety equivalent to their portion of the
planting requirements associated with the forest conservation plan,
jnstead
ofbeing
responsible for the financial surety for the entire subdivision. The proposed changes to
Section 22A-12(h)(4)(A) allow for property owners to pay
a
pro rata share of the overall
financial surety.
9. Clarifies Section 22A-20 to identify that not just plans approved by the Planning Director but
all plans reviewed by Planning Director can
be
appealed to the Planning Board. This will
allow plans denied by the Planning Director to
be
appealed to the Planning Board.
Members of the Planning Board and Staff of the Maryland-National Capital Park
&
Planning Commission area available to assist the Council in its review ofthe proposed
legislation. Enclosed is
a
copy of the staff report
dated
January 29, 2014 and language
changes agreed to by the Planning Board during its discussion of the amendments on
February 20. 2014.
,/
"
Fran~ise
M.
Carrier
Chair '
cc: Mike Faden
Enclosures
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MARTIN O'MALLEY, Governor
Ch.384
Chapter 384
(House Bill 706)
AN ACT concerning
Natural Resources - Forest Preservation Act of 2013
FOR the purpose of requiring the Department of Natural Resources to provide a
statewide forest resource inventory to local jurisdictions at certain intervals;
declaring certain policies of the State with respect to forests; altering the
defined term "construction activity" as it applies to reforestation requirements
to include associated mitigation requirements; expanding the purpose and
authorized uses of the Reforestation Fund to include financing tree planting on
private land and financing the prevention of and response to forest health
emergencies; extending the time frame within which the Department must
accomplish certain reforestation requirements and for which certain funds are
required to remain in the Reforestation Fund; repealing the requirements that
the Department determine the meaning of "no net loss of forest", develop related
policies, and submit a certain report describing certain findings; defining the
term "no net loss of forest"; altering the. defined term "timber stand
improvement" to include certain activities that improve forest health; altering
the range of acres of land that a person is required to own or lease
to
be eligible
for certification for a certain income tax subtraction or modification; altering
certain prohibitions against setting certain fires; altering a certain minimum
penalty for violating a certain prohibition against setting certain fires;
exempting certain stream restoration projects and certain maintenance or
retrofitting of a stormwater management structure from the requirements of
the Forest Conservation Act; authorizing a local jurisdiction to waive the
requirements of the Forest Conservation Act for certain previously developed
areas; authorizing the Department to take certain action against a local
jurisdiction for failure to comply with the Forest Conservation Act; requiring
the Department of Planning, in consultation with the Department and the
Sustainable Forestry Council, to provide certain technical assistance to local
jurisdictions by a certain date; clarifying the intent of this Act with respect to
the authority of the Department of Agriculture to establish forest policy;
declaring a certain intent of the General Assembly; reguiring the Department to
convene a certain stakeholder group after a certain time
to
perform a certain
review and make certain recommendations; making certain stylistic changes;
defining certain terms; and generally relating
to
forest conservation and
sustainability.
BY renumbering
Article - Natural Resources
Section 5-101(i),
(i),
(k),
0),
and (m), respectively
-1­
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Ch.384
2013 LAWS OF MARYLAND
to be Section 5-101(j),
(k),
(1), (m), and (n), respectively
Annotated Code of Maryland
(2012 Replacement Volume)
BY
renumbering
Article - Natural Resources
Section 5-1601(ff), (gg),
(hh),
(ii), (jj),
(kk),
(11), (mm), and (nn), respectively
to be Section 5-1601(gg), (hh), (ii) , (jj),
(kk),
(mm) , (nn) , (00), and (Pp),
respectively
Annotated Code of Maryland
(2012 Replacement Volume)
BY repealing and reenacting, without amendments,
Article - Land Use
Section 1-101(0)
Annotated Code of Maryland
(2012 Volume)
BY
repealing and reenacting, with amendments,
Article - Land Use
Section 1-408 and 3-104
Annotated Code of Maryland
(2012 Volume)
BY
repealing and reenacting, without amendments,
Article - Natural Resources
Section 5-101(e), 5-103(a)(I) and (3), 5-1601(a), and 5-1602(a)
Annotated Code of Maryland
(2012 Replacement Volume)
BY
adding to
Article - Natural Resources
Section 5-101(i), 5-103(j), 5-1601(ff) and (11), and 5-1602(1))(12) and (13)
Annotated Code of Maryland
(2012 Replacement Volume)
BY
repealing and reenacting, with amendments,
Article - Natural Resources
Section 5-102, 5-103(a)(2) and (e), 5-219, 5-704, 5-1602(b)(10) and (11), and
5-1603(c)(3)(ii) and (e)
Annotated Code of Maryland
(2012 Replacement Volume)
BY
repealing
Article - Natural Resources
Section 5-104
-2­
@
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MARTIN O'MALLEY, Governor
Annotated Code of Maryland
(2012 Replacement Volume)
BY repealing and reenacting, without amendments,
Article - Tax - General
Section 10-208(a)
Annotated Code of Maryland
(2010 Replacement Volume and 2012 Supplement)
BY repealing and reenacting, with amendments,
Article - Tax - General
Section 10-208(i)
Annotated Code of Maryland
(2010 Replacement Volume and 2012 Supplement)
Ch.384
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 5-101(i),
G),
(k),
0),
and (m), respectively, of
Article - Natural Resources of the Annotated Code of Maryland be renumbered to be
Section(s) 5-101G), (k),
(1),
(m), and (n), respectively.
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5-1601(ff),
(gg), (hh), (ii) , Gj), (kk), (ll), (mm), and (nn), respectively, of Article - Natural Resources
of the Annotated Code of Maryland be renumbered to be Section(s) 5-1601(gg), (hh),
(ii), Gj), (kk), (mm), (nn),
(00),
and (Pp), respectively.
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article - Land Use
1-101.
(0)
"Sensitive area" includes:
(1)
(2)
(3)
(4)
a stream or wetland, and its buffers;
a 100-year flood plain;
a habitat of a threatened or endangered species;
a steep slope;
(5)
agricultural or forest land intended for resource protection or
conservation; and
-3­
@
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Ch.384
(6)
2013 LAWS OF MARYLAND
any other area in need of special protection, as determined in a
plan.
1-408.
(a)
A sensitive areas element shall include the goals, objectives, principles,
policies, and standards designed to protect sensitive areas from the adverse effects of
development.
(b)
BEGINNING OCTOBER 1, 2013, THE DEPARTMENT OF NATURAL
RESOURCES SHALL PROVIDE A STATEWIDE FOREST RESOURCE INVENTORY TO
LOCAL JURISDICTIONS AT LEAST EVERY
5
YEARS, TO BE AVAILABLE FOR THE
fi
YEAR LOCAL COMPREHENSIVE PLAN REVIEW BY LOCAL JURISDICTIONS
REQUIRED UNDER
§§
1-416(A) AND 3-301(A) OF THIS ARTICLE.
(C)
Before the plan is adopted, the Department of the Environment and the
Department of Natural Resources shall review the sensitive areas element to
determine whether the proposed plan is consistent with the programs and goals of the
departments.
3-104.
(a)
A sensitive areas element shall include the goals, objectives, principles,
policies, and standards designed to protect sensitive areas from the adverse effects of
development.
(b)
BEGINNING OCTOBER 1, 2013, THE DEPARTMENT OF NATURAL
RESOURCES SHALL PROVIDE A STATEWIDE FOREST RESOURCE INVENTORY TO
LOCAL JURISDICTIONS AT LEAST EVERY
5
YEARS, TO BE AVAILABLE FOR THE
fi
YEAR LOCAL COMPREHENSIVE PLAN REVIEW BY LOCAL JURISDICTIONS
REQUIRED UNDER
§§
1-416(A)
AND
3-301(A)
OF THIS ARTICLE.
(C)
Before the plan is adopted, the Department of the Environment and the
Department of Natural Resources shall review the sensitive areas element to
determine whether the proposed plan is consistent with the programs and goals of the
departments.
Article - Natural Resources
5-101.
(e)
(1)
"Forest land" means a biological community dominated by trees
and other woody plants that are capable of producing timber or other wood products
with a stocking of at least 100 trees per acre with at least 50% of those trees having a
2-inch or greater diameter at
4.5
feet above the ground.
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MARTIN O'MALLEY, Governor
Ch.384
(2)
"Forest land" includes forested areas that have been cut but not
converted to other land uses.
(I)
"No
NET LOSS OF FOREST" MEANS
40%
OF ALL LAND IN MARYLAND
IS COVERED BY TREE CANOPY.
5-102.
(a)
The General Assembly finds that:
(1)
Forests, streams, valleys, wetlands, parks, and scenic, historic, and
recreation areas of the State are basic assets and their proper use, development, and
preservation are necessary to protect and promote the health, safety, economy, and
general welfare of the people of the State;
(2)
Enhancing the extent and condition of tree and forest cover in the
Chesapeake Bay watershed is critical to the success in restoring the Chesapeake Bay
because forests are the most beneficial use of protecting water quality due to their
ability to capture, filter, and retain water, as well as absorb pollution from the air;
Forests and trees are key indicators of climate change and can
(3)
mitigate greenhouse gas emissions by carbon sequestration;
(4)
Forests provide habitat for hundreds of wildlife species, including
habitat needed for rare, threatened, and endangered species;
(5)
natural threats;
Forests are susceptible to environmental degradation caused by
(6)
Forests, like other open space areas, are under intense
development-related pressures for residential, commercial, and industrial conversion
due to the demands of a growing population;
(7)
including:
(i)
Bay;
(ii)
(iii)
(iv)
matter;
Sequestration of carbon;
Avoidance of energy-related emissions;
Mitigation of air pollutants, such as ozone and particulate
Mitigation of urban stormwater runoff into the Chesapeake
Trees and forests in urban areas provide multiple benefits,
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Ch.384
2013 LAWS OF MARYLAND
(v)
(vi)
Reduction of the urban heat island effect; and
Contributions to community livability;
(8)
Forest land owners, including local government officials
responsible for overseeing the management of publicly owned forest lands, could
benefit from research-based education outreach programs in order to help facilitate an
understanding of sustainable forestry management that is consistent with forest
stewardship principles;
(9)
Forests are a renewable resource that help the State meet its
renewable energy goals that are consistent with the State's:
(i)
(ii)
Green power goal for State facilities;
Renewable Energy Portfolio Standard;
Healthy Air Act; and
Maryland Clean Energy Incentive Act of 2006; and
(iii)
(iv)
(10) This title sets forth Maryland's vision for sustaining Maryland's
coveted forest lands into the 21st century that is consistent with the Chesapeake 2000
Agreement and the 2007 Forestry Conservation Initiative.
It is the policy of the State to encourage the retention and sustainable
management of [the State's privately owned] forest lands by:
(b)
(1)
ACHIEVING NO NET LOSS OF FOREST
~g~g;
[(1)] (2)
Affording due consideration to the protection and retention
of forests in the State through existing land conservation programs where they have
the highest value in terms of promoting the State's compliance with its clean water
goals under the Chesapeake 2000 Agreement and the 2007 Forest Conservation
Initiative;
Enhancing the retention of privately owned forest lands
[(2)] (3)
through research-based educational outreach efforts to landowners by the State's
forest conservancy district boards;
[(3)]
(4)
Developing financial incentives to encourage landowners to
retain and manage their forests sustainably and in a manner that is consistent with a
forest stewardship plan;
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MARTIN O'MALLEY, Governor
Ch.384
[(4)] (5)
Promoting renewable energy policies and markets with
increased emphasis on the use of in-State produced woody biomass;
ENSURING DUAL CERTIFICATION OF THE STATE'S FORESTS
BY THE FOREST STEWARDSHIP COUNCIL AND THE SUSTAINABLE FORESTRY
INITIATIVE;
(6)
[(5)]
(7)
(i)
Recognizing the importance of:
A viable forest products industry to the economies of rural
Maryland;
(ii)
(iii)
Continued development of fiber products; and
Maryland's green infrastructure; and
[(6)] (8)
Developing and enhancing programs with a sustainable
forestry component, including a forest mitigation banking system, a carbon credit or
carbon sequestration program, a clean water credit trading system, an environmental
services credit trading program, and a renewable energy credit trading system.
5-103.
(a)
(1)
In this section the following words have the meanings indicated.
(2)
"Construction activity" means [construction of a highway by a
constructing agency]
WORK BY A CONSTRUCTING AGENCY RELATED TO:
(I)
OR
(II) OFF-SITE ENVIRONMENTAL MITIGATION RELATED TO
HIGHWAY CONSTRUCTION.
CONSTRUCTION OF OR IMPROVEMENTS TO A HIGHWAY;
(3)
"Constructing agency" means:
(i)
A unit of State or local government; or
(ii)
Any other person who uses State funding and performs any
construction activity with the State funding.
(e)
(1)
(2)
In this subsection, "Fund" means the Reforestation Fund.
There is a Reforestation Fund in the Department.
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Ch.384
(3)
2013 LAWS OF MARYLAND
The purpose of the Fund is to [finance]:
(I)
FINANCE
the planting of trees on:
[State or other publicly owned lands] LAND located in
[(i)]
1.
the county and watershed in which construction projects giving rise to Fund
contributions are located; and
[(ii)] 2.
Private property on which trees were destroyed by a
treatment to destroy plant pests that was applied by the Department of Agriculture;
AND
(II) FINANCE THE PREVENTION OF AND RESPONSE TO
FOREST HEALTH EMERGENCIES.
(4)
The Department shall administer the Fund.
(5)
(i)
The Fund is a special, nonlapsing fund that is not subject to
§ 7-302 of the State Finance and Procurement Article.
(ii)
The Treasurer shall hold the Fund separately and the
Comptroller shall account for the Fund.
(6)
The Fund consists of any money received from contributions by a
constructing agency under subsection (d) of this section.
(7)
(i)
Subject to subparagraph (ii) of this paragraph, the Fund
may be used only to:
Plant trees on [State or other publicly owned lands]
LAND
located in the county and watershed
in
which construction projects giving rise to
Fund contributions are located;
1.
2.
If
reforestation cannot be reasonably accomplished in
the county and watershed in which the construction activity is located:
A.
Plant trees on State or other publicly owned lands
located in the county or in the watershed in the State in which the construction
activity is located; or
B.
Purchase credits in, establish, or maintain a forest
mitigation bank in the county or watershed in which the construction activity is
located in accordance with Department regulations; [or]
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MARTIN O'MALLEY, Governor
Ch.384
3.
Replace trees, except nursery stock that has not been
replanted, that were destroyed by the application of a treatment applied to destroy
plant pests under a quarantine imposed by the Secretary of Agriculture, whether or
not the quarantine is in effect in the county or watershed where the construction
activity occurred;
OR
4.
FINANCE THE PREVENTION OF AND RESPONSE TO
FOREST HEALTH EMERGENCIES BY:
MAINTAINING THE HEALTH AND VITALITY OF
FOREST LAND AND URBAN TREE CANOPY; AND
PREVENTING OR CONTROLLING SIGNIFICANT
FOREST LAND AND URBAN TREE CANOPY DEGRADATION CAUSED BY ACTS OF
NATURE.
A.
B.
Except as provided in subsubparagraph 2 of this
subparagraph, moneys in the Fund may be used for administrative costs calculated in
accordance with
§
1-103(b)(2) of this article.
(ii)
1.
2.
The Fund may not be used to finance administrative
activities associated with a mitigation bank.
3.
Any credits created by the Fund may not be sold to
compensate for additional forest impacts.
(iii)
1.
The Department shall accomplish the reforestation for
which money is deposited in the Fund within
[1
year or two]
2
YEARS
OR THREE
growing seasons after project completion, as appropriate.
Money deposited in the Fund under subsection (d) of
this section shall remain in the Fund for a period of [1 year or two] 2 YEARS
OR
THREE
growing seasons, and at the end of that time period, any portion that is not
2.
used to meet the reforestation requirements shall be returned to the constructing
agency.
(8)
(i)
The Treasurer shall invest the money of the Fund in the
same manner as other State money may be invested.
(ii)
Any investment earnings of the Fund shall be credited to the
General Fund of the State.
(9)
the State budget.
Expenditures from the Fund may be made only in accordance with
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Ch.384
2013 LAWS OF MARYLAND
[(10)
The Department may adopt regulations to implement this
subsection.]
(J)
SECTION.
THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLEMENT THIS
[5-104.
(a)
to:
The Department shall cooperate with forestry-related stakeholder groups
Determine the meaning of no net loss of forest for the purposes of
any State policy; and
(1)
(2)
in the State.
Develop proposals for the creation of a policy of no net loss of forest
On or before December
1,
2011,
the Department, in consultation with the
forestry-related stakeholder groups, shall report to the Senate Education, Health, and
Environmental Affairs Committee and the House Environmental Matters Committee,
in accordance with
§
2-1246 of the State Government Article, on proposals for the
development of statutory, budgetary, and regulatory policies to achieve no net loss of
forest in the State.]
(b)
5-219.
(a)
(1)
In this section the following words have the meanings indicated.
"Reforestation" means the stocking or restocking of an area
"Reforestation" includes:
1.
(2)
(i)
with forest tree species.
(ii)
Site preparation by mechanical operation, application
of herbicides, or prescribed burning;
2.
3.
4.
5.
(iii)
ornamental trees.
-10­
Tree planting;
Release of seedlings from competing vegetation;
Animal damage control of seedlings; and
Other activities that the Secretary requires.
"Reforestation" does not include the growing of Christmas or
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MARTIN O'MALLEY, Governor
Ch.384
(3)
(i)
"Timber stand improvement" means any [precommercial]
cultural operation made to improve the composition, constitution, condition, [and]
OR
increment of a timber stand
THAT DOES NOT RESULT IN IMMEDIATELY SALABLE
FOREST PRODUCTS.
(ii)
"Timber stand improvement" includes [tree]:
1.
activities;
AND
[that:
1.
2.
TREE
removal, girdling, poisoning, and pruning
Are not done only to help regeneration; and
Do not result in immediately salable forest products.]
ACTIVITIES THAT IMPROVE FOREST HEALTH,
2.
INCLUDING:
A.
EFFORTS TO CONTROL INVASIVE SPECIES;
CREATION
OR
MAINTENANCE
OF
FORESTED
B.
RIPARIAN BUFFERS;
C.
DEVICES;
INSTALLATION OF WATER QUALITY PROTECTION
D.
REDUCTION, REMOVAL, OR OTHER MANAGEMENT
OF THE RESIDUAL MATERIALS GENERATED DURING TIMBER HARVEST;
E.
RESTORATION OF FOREST HABITAT AFFECTED BY
LOGGING ACCESS ROADS AND TRAILS; AND
OTHER HABITAT
IMPROVEMENT
MANAGEMENT PRACTICES AS DETERMINED BY THE DEPARTMENT.
F.
OR
BEST
(b)
A person who owns or leases [10 to 500]
3
TO
1,000
acres of land may
apply for reforestation or timber stand improvement certification under this section
if
the land is:
(1)
year; and
Capable of growing more than 20 cubic feet of wood per acre per
(2)
Available for the application of scientific forest management
practices for the primary purpose of growing and harvesting forest tree species.
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Ch.384
2013 LAWS OF MARYLAND
(c)
The Department shall issue an initial certification of reforestation or
timber stand improvement to an applicant who owns or leases
[10
to 500] 3
TO
1,000
acres of land that is used as commercial forest land or that is being restored and is
capable of growing a commercial forest,
if
there is:
(1)
A successful planting of the required mInImUm number of
seedlings with acceptable species; or
(2)
Timber stand improvement activities in accordance with a forest
management plan developed by a licensed forester.
Within 2 years after the date of initial certification, the
(d)
(1)
Department shall issue a final certification of reforestation or timber stand
improvement to an applicant who received an initial certification
if:
(i)
Seedlings are living without other vegetation growmg
around or over the seedling; or
(ii)
Successful timber stand improvements have been made in
accordance with regulations of the Secretary.
If
the reforestation or timber stand improvement activities do not
(2)
meet the requirements for final certification when the application is made, the
applicant may replant or conduct additional timber stand improvement activities.
(e)
If
an application for final certification is not filed within 2 years after the
date of initial certification, the applicant shall submit a plan to continue the
reforestation or timber stand improvement project to the Department.
(f)
The Department shall decertify land if:
(1)
Reforestation or timber stand improvement activity on the land is
discontinued before issuance of a final certificate;
(2)
A final certificate application or a plan of continuation is not filed
within 2 years after the date on which the initial certificate is issued; or
(3)
The land does not continue to be used as commercial forest land for
15 years after final certification is issued.
(g)
The Secretary shall:
(1)
Adopt regulations to carry out this section;
(2)
Provide to a certified person notice of initial and final certification
that the person may file with the Comptroller as evidence of the eligibility of the
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MARTIN O'MALLEY, Governor
Ch.384
person for the income tax subtraction modification for reforestation and timberland
expense allowed under
§§
10-208 and 10-308 of the Tax - General Article; and
(3)
Send a copy of a decertification notice to the Comptroller for
purposes of the income tax addition modification for reforestation and timberland
expense required under
§§
10-205 and 10-306 of the Tax - General Article.
5-704.
(a)
Any individual or corporation that willfully, maliciously, or with intent,
sets on fire, or causes to be set on fire, any woods, brush, grass, grain, or stubble [, on
land not his own,] is guilty of a misdemeanor and upon conviction is subject to a fine
not less than [$25] $250 nor exceeding $2,000, or imprisonment for not less than 30
days nor exceeding five years, or both with costs imposed in the discretion of the court.
An individual or corporation may not carelessly or negligently set on fire,
or cause to be set on fire any woods, brush, grass, grain, or stubble [resulting in
damage to the property of another]. Setting a fire contrary to the provisions of this
subsection[, or allowing it to escape to the injury of adjoining lands,] is prima facie
proof of carelessness or neglect within the meaning of this subsection. The landowner
from whose land the fire originated also is liable in a civil action for damages for injury
resulting from the fire, and for the cost of fighting and extinguishing the fire, unless
[he]
THE LANDOWNER
can prove to the satisfaction of the court before which the case
is tried that the injury complained of was suffered without any negligence on the part
of the owner or [his]
THE OWNER'S
agents.
(b)
(c)
Any person who discovers a forest or brush fire not under the control of
some person shall extinguish it or report it to the local fire warden.
(d)
5-1601.
(a)
In this subtitle the following words have the meanings indicated.
The provisions of this section do not contravene other provisions of law
relating'to the liability for fires of railroad companies.
(FF) "PRIORITY FUNDING AREA" MEANS AN AREA DESIGNATED AS A
PRIORITY FUNDING AREA UNDER
§
5-7B-02
OF THE STATE FINANCE
AND
PROCUREMENT ARTICLE.
(LL) "STREAM RESTORATION PROJECT" MEANS AN ACTNITY THAT:
(1)
Is
DESIGNED TO STABILIZE STREAM BANKS OR ENHANCE
STREAM FUNCTION OR HABITAT LOCATED WITHIN AN EXISTING STREAM,
WATERWAY, OR FLOODPLAIN;
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Ch. 384
2013 LAWS OF MARYLAND
(2)
AVOIDS AND MINIMIZES IMPACTS TO FORESTS AND PROVIDES
FOR REPLANTING ON-SITE AN EQUIVALENT NUMBER OF TREES TO THE NUMBER
REMOVED BY THE PROJECT;
(3)
MAy
BE PERFORMED UNDER A MUNICIPAL SEPARATE STORM
SEWER SYSTEM PERMIT, A WATERSHED IMPLEMENTATION PLAN GROWTH
OFFSET, OR ANOTHER PLAN ADMINISTERED BY THE STATE OR LOCAL
GOVERNMENT TO ACHIEVE OR MAINTAIN WATER QUALITY STANDARDS; AND
IS NOT PERFORMED TO SATISFY STORMWATER MANAGEMENT,
WETLANDS MITIGATION, OR ANY OTHER REGULATORY REQUIREMENT
ASSOCIATED WITH PROPOSED DEVELOPMENT ACTIVITY.
(4)
5-1602.
(a)
Except as provided in subsection
(b)
of this section, this subtitle shall
apply to any public or private subdivision plan or application for a grading or sediment
control permit by any person, including a unit of State or local government on areas
40,000 square feet or greater.
(b)
The provisions of this subtitle do not apply
to:
(10) A county that has and maintains 200,000 acres or more of its land
area in forest cover; [and]
(11) The cutting or clearing of trees to comply with the requirements of
14 C.F.R.
§
77.25 relating to objects affecting navigable airspace, provided that the
Federal Aviation Administration has determined that the trees are a hazard to
aviation;
(12)
ANY
STREAM RESTORATION PROJECT FOR WHICH THE
APPLICANT FOR A GRADING OR SEDIMENT CONTROL PERMIT HAS EXECUTED A
BINDING MAINTENANCE AGREEMENT OF AT LEAST
5
YEARS WITH THE
AFFECTED PROPERTY OWNER; AND
OR RETROFITTING OF A STORMWATER
MANAGEMENT STRUCTURE THAT MAY INCLUDE CLEARING OF VEGETATION OR
REMOVAL AND TRIMMING OF TREES, SO LONG AS THE MAINTENANCE OR
RETROFITTING IS WITHIN THE ORIGINAL LIMITS OF DISTURBANCE FOR
CONSTRUCTION OF THE EXISTING STRUCTURE, OR WITHIN ANY MAINTENANCE
EASEMENT FOR ACCESS TO THE STRUCTURE.
(13)
MAINTENANCE
5-1603.
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MARTIN O'MALLEY, Governor
Ch.384
(c)
(3)
(ii)
A
local forest conservation program, when approved by the
Department, may [allow]:
1.
ALLOW
clustering and other innovative land use
techniques that protect and establish forests where open space is preserved, sensitive
. areas are protected, and development is physically concentrated;
AND
2.
WAIVE
THE REQUIREMENTS OF THIS SUBTITLE
FOR PREVIOUSLY DEVELOPED AREAS COVERED BY IMPERVIOUS SURFACE AND
LOCATED IN PRIORITY FUNDING AREAS AT THE TIME OF THE APPLICATION FOR
SUBDIVISION PLAN, GRADING, OR SEDIMENT CONTROL PERMIT APPROVAL.
(e)
(1)
(i)
The Department shall conduct a review of each local
authority's program at least once every
2
years from the date of initial departmental
approval.
In its biennial review, the Department shall evaluate the
level of compliance with the performance standards and required forest conservation.
(ii)
(I)
If
a local authority's program is found to be deficient by the
Department, then the Department shall give notice and allow the local authority
90
days for compliance[, after which].
(2)
(II) IF, AFTER
90
DAYS, A LOCAL AUTHORITY HAS FAILED TO
COMPLY WITH THE TERMS OF A NOTICE GIVEN BY THE DEPARTMENT,
the
Department may
DO ONE OR MORE OF THE FOLLOWING:
1.
[assume]
AsSUME
review and approval of all forest
conservation plans within the jurisdiction of the local authority until the deficiencies
are corrected;
2.
RE'ilHRE ON A FINDING BY AN AUDITOR MADE IN
CONSULTATION WITH THE OFFICE OF THE ATTORNEY GENERAL THAT A LOCAL
AUTHORITY HAS MISAPPROPRIATED LOCAL FOREST CONSERVATION FUNDS,
THE DEPARTMENT MAY REQUIRE THE LOCAL AUTHORITY TO SUBMIT PAYMENT
TO THE STATE CONSERVATION FUND FOR THE AMOUNT OF ANY
MISAPPROPRIATED LOCAL CONSERVATION FUNDS; AND
REQUEST THAT THE ATTORNEY GENERAL
INVESTIGATE PAYMENTS AND EXPENDITURES OF FUNDS COLLECTED BY THE
LOCAL AUTHORITY UNDER THIS SUBTITLE.
3.
Article -
Tax -
General
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Ch.384
10-208.
2013 LAWS OF MARYLAND
In addition to the modification under
§
10-207 of this subtitle, the
(a)
amounts under this section are subtracted from the federal adjusted gross income of a
resident to determine Maryland adjusted gross income.
(i)
(1)
The subtraction under subsection (a) of this section includes twice
the amount of expenses for reforestation or timber stand improvement activity on [10
to 100]
3
TO
1,000
acres of commercial forest land, exclusive of federal funds.
(2)
Of the amount under paragraph
(1)
of this subsection:
(i)
50% may be claimed in the taxable year in which the
Department of Natural Resources issues an initial certificate of reforestation or timber
stand improvement; and
(ii)
50% may be claimed in the taxable year in which the
Department of Natural Resources issues a final certificate of reforestation or timber
stand improvement.
SECTION 4. BE IT FURTHER ENACTED, That by January 1, 2015, the
Department of Planning, in consultation with the Department of Natural
&8S8lill!'888
~
Resources. the Sustainable Forestry Council, and other interested parties. shall
provide local jurisdictions with guidelines, recommendations, and technical assistance
on policies and standards to protect forest land and urban tree canopy from
tfte
adverse effects sf
8:8velS.fH~18Bt.
SECTION 5. AND BE
IT
FURTHER ENACTED, That nothing in this Act is
intended to supplement or limit the authority of the Department of Agriculture to
establish policies relating to forest land under any program regulated at the
Department of Agriculture.
SECTION 6. AND BE
IT
FURTHER ENACTED, That it is the intent of the
General Assembly that:
the policy of achieving no net loss of forest shall be implemented in
a manner that does not incentivize the conversion of prime agricultural land with
Natural Resources Conservation Service type
1,
II, or III soil classification
to
forestland. except for conservation best management practices meeting Natural
Resources Conservation Service standards and specifications; but
this Act may not be construed to prohibit an owner of agricultural
land from voluntarily agreeing to place conservation best management practices on
the property owner's agricultural land.
ill
lID
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MARTIN O'MALLEY, Governor
Ch.384
SECTION 7. AND BE IT FURTHER ENACTED, That, following the release of
the first statewide forest resource inventory after January 1. 2017, the Department of
Natural Resources shall convene a stakeholder group comprised of representatives
from local government, agriculture, forestry, development, conservation. and other
interested parties to review the inventory and make recommendations in accordance
with the policy goals established under
§
5-102(b) of the Natural Resources Article, as
enacted by Section 1 of this Act.
SECTION
@.;.
8. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1,2013.
Approved
by
the Governor,
May
2, 2013.
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ROCKVILLE, MARYlAND
MEMORANDUM
May 30,2014
TO:
FROM:
Craig Rice,
](::~;'f~unty
Council
Jennifer
A.
H~gh~O;ector~o
ce of Management and Budget
of Finance
JosephF. Beach, Director, D
Bi1125~14E,
SUBJECT:
Forest Conserva on - Amendments
Please find attached the fiscal and economic impact statements for the above-referenced
legislation.
lAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices ofthe County Executive
Joy Nurmi, Special Assistant
to
the County Executive
Patrick Lacefield,
Director,
Public
Infonnation
Office
Joseph F. Beach, Director, Department of Finance
David Platt, Department ofFinance
Robert Hagedoom, Department ofFinance
Stan Edwards, Department of Environmental Protection
Alex Espinosa, Office ofManagement and Budget
Matt Schaeffer, Office of Management and Budget
Naeem Mia, Office of Management and Budget
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Fiscal Impact Statement
Council Bill
25-14E,
Forest Conservation - Amendments
1. Legislative Summary.
Council Bill 2S-14E would exempt certain stream restoration and stormwater
management facility retrofit projects from the requirements ofthe Forest Conservation
Law. This change will bring County Law into alignment with updated State Law on
Forest Conservation.
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, assumptious, and methodologies used.
Revenues are not expected to change as a result ofthe bill.
The Department of Environmental Protection (DEP)
must~
under current law, perform a
survey of trees and develop and submit a forest conservation plan
in
areas where
stormwater management projects are subject to the Forest Conservation Law.
DEP estimates that up to 23 stormwater management projects annually are subject to the
current Forest Conservation Law
at
a total average cost of $18,000 per project or a total
annual cost of approximately $414,000. The proposed bill would exempt these projects
from the requirements of the Forest Conservation Law, and these costs would no longer
be incurred as part of the stormwater management projects
in
the Capital Improvements
.
Program (CIP).
The Maryland-National Capital Park and Planning Commission (M-NCPPC) reports that
a staff time savings of SO hours
will
be saved
in
the area of
staff
forest conservation plan
reviews as a result of Bill 2S-14E at a total cost ofapproximately $2,800.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
The bill would reduce DEP stormwater management CIPproject costs $414,000
annually, or $2,484,000 over the next 6 years.
M-NCPPC's
staff
time savings would be $2,800 annually, or $16,800 over the next 6
years.
4. An actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
Not Applicable.
5. Later actions that may affect future revenue and expenditures
if
the biD authorizes
future spending.
Not Applicable.
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6.
An
estimate of the staff time needed to implement the bill.
No additional
staff
time is needed to implement this Bill.
7.
An
explanation of how the addition of new staff responsibilities would affect other
duties.
No additional
staff
responsibilities will result from the implementation of this Bill.
8. An estimate of costs when an additional appropriation is needed.
No additional appropriation is needed to implement this Bill.
9. A description of any variable that could affect revenue and cost estimates.
Not Applicable.
10. Ranges of revenue or expenditures that are uncertain or difficult
to
project.
Not Applicable.
11.
If
a bill is likely to have no rlScal impact, why that is the case.
Not Applicable.
12. Other rlScal impacts or comments.
Not Applicable.
13. The foUowing contributed to and concurred with this analysis:
Stan Edwards, Department of Environmental Protection
Alex. Espinosa, Office of Management and Budget
Matt Schaeffer, Office of Management and Budget
Anjali Sood, Maryland-National Capital Park and Planning Commission
Date
Office of Management and Budget
.30
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Economic Impact Statement
Bill 25-14E, Forest Conservation - Amendments
Background:
This legislation would amend Chapter
22A
for consistency with State law by exempting
the following from certain requirements of the Forest Conservation Law:
• stream restoration projects, and
• maintenance or retrofitting of stormwater management structures.
1. The sources of information, assumptions, and methodologies used.
The Department of Environmental Protection
CD
EP) provided information.
According to DEP, Bill 25-14
(Bill)
would exempt several different types of activities
from the requirements of the County's Forest Conservation Law (FCL). The purpose
of this Bill is to conform to State law.
2. A description of any variable that could affect the economic impact estimates.
The variable that could affect the economic impact estimate is the business costs to
comply with the change to the FCL. While this Bill may reduce certain costs to the
private sector, the amount of such reduction would be minimal.
3. The Bill's positive or negative effect,
if
any on employment, spending, saving,
investment, incomes, and property values
in
the County.
While the Bill may reduce business costs, that reduction,
if
any, would be minimaL
Therefore, this Bill would have no measurable impact on employment, spending,
saving, investment, and property values in the County.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Please see paragraph #3
5. The following contributed to or concurred with this analysis: David Platt and Rob
Hagedoorn, Finance; Stan Edwards, Department of Environmental Protection.
!f:/2\/Z
0
Date
I~
Page
I
ofl
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Testimony on Behalf of County Executive Isiah Leggett
Regarding Expedited
Bill 25-14,
Forest Conservation - Amendments
Stan Edwards, Chief
Division of Environmental Policy
&
Compliance
Department of Environmental Protection
June 10, 2014
Good afternoon. My name is Stan Edwards. I am the Chief of the Division of Environmental
Policy and Compliance in the Department of Environmental Protection. I am testifying on
behalf of County Executive Leggett in support of Expedited Bill 25-14, Forest Conservation ­
Amendments.
In 2013, the Maryland General Assembly passed House Bill 706, the Forest Preservation Act of
2013. This bill amended the Forest Conservation Act in several ways, including providing
exemptions for certain stream restoration and stormwater management activities intended to
restore and protect environmental resources, including forests and trees. Expedited Bill 25-14
would make the County's Forest Conservation Law consistent with the State Forest Conservation
Act.
Entities like the Department of Environmental Protection (DEP), Montgomery Parks, and others
engage in stream restoration and the retrofit of stormwater management facilities in order to
correct or prevent damage done by uncontrolled stormwater. House Bill 706 recognized that
these activities serve to further the State's goals of protecting and enhancing forest resources by
limiting erosion of forest land and through the planting of new trees as part of the restoration
activity, activities which help return the land to its original condition to the greatest extent
possible. DEP estimates the bill could reduce the cost of our projects by over $400,000 annually,
freeing up resources that could be used for additional environmental restoration activities.
Additional savings would be realized by Montgomery Parks and other entities engaged in
watershed protection and restoration projects.
We urge you to support Expedited Bill 25-14 and would be happy to address any questions the
Council may have about the bill.
@
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Good afternoon. I am Mark Pfefferle with the Montgomery County Planning Department. I am here to
provide testimony on behalf ofthe Montgomery County Planning Board.
On October 1, 2013 Maryland House Bill 706 Bill became effective statewide. This Bill provides
municipalities a means to be exempt from submitting a forest conservation plan for stream restoration
projects and stormwater management retrofits. The proposed changes to the Montgomery County
Forest Conservation Law are to make our law consistent with Bill 706 and to make other clarifying
changes.
1. First the proposed changes add two new exemptions from submitting a forest conservation
plan. Proposed exemptions 22A-5 (u) and (v) are in response to House Bill 706.
2. The second propose change clarifies that the law applies to any person who is required to
obtain approval of a new development application, or an amendment to a development
application.
3. The proposed changes the modifications to existing development exemption by clarifying
that no more than 5000 square feet of forest can be removed cumulatively, that the
modification does not substantially increase the developed area, and the existing use is
retained.
4. The proposed changes will require all final forest conservation plans be approved prior to
Planning Board approval ofthe record plat. This will prevent unsuspecting individual lot
purchasers from needing to obtain final forest conservation plan approval when the person
that subdivided the land failed to obtain approval of a final forest conservation plan prior to
selling recorded lots. In these cases the first new lot buyer has the additional responsibility
to submit and finalize the final forest conservation plan before they can obtain a sediment
control permit. The Planning Board wants to eliminate this additional burden on individual
lot purchasers.
5. The proposed changes also allows individual property owners to post a financial surety
equivalent to their portion ofthe planting requirements associated with the forest
conservation plan instead of being responsible for the financial surety for the entire
subdivision.
6. Finally, Section 22A-20 limits appeals of plans reviewed by Planning Director to only those
that are approved. The proposed change will allow applicants of plans denied by the
Planning Director to be appealed to the Planning Board.
Thank you for the opportunity to provide comments.
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?O~~ .n.I~
MONTGOMERY COUNlY REVENUE AUTIIORIlY
19 PH I: 39
June 16,2014
Councilmember Craig Rice
President
Montgomery County Council
100 Maryland Avenue
Rockville, MD 20850
Re:
Bill 25·14
Forest Conservation - Amendments
Dear Councilmember Rice,
Bill
25·14
concerns exemptions to forest conservation for stormwater management and stream restoration
projects. The
Bill
was also advertised
as
a general amendment
to
forest conservation law. The
Montgomery County Revenue Authority (MCRA) requests an amendment to BiIl25-14 to provide
an
exemption from forest conservation requirements for removing trees that
are
a hazard to aviation. This
requested exemption would parallel the exemption in Maryland law and the County tree canopy law.
The MCRA owns
and
operates the Montgomery County Airpark (Airpark). We work closely with the
Federal Aviation Administration (FAA) and receive federal funding to maintain the Airpark. As a
requirement to receiving this funding, the MCRA
is
subject to grant assurances. Section 20 of the grant
assurances requires MCRA to mitigate aviation hazards.
The
FAA
determined that the trees on the west side ofthe runway are a hazard to aviation (letter
attached). In the absence of this determination by the
FAA,
MCRA would not remove these trees.
Under the Maryland forest conservation law, if the FAA determines that trees are a hazard to aviation, the
removal ofthose trees does not trigger forest conservation requirements. The Maryland Department of
Natural Resources determined that any MCRA action to remove the trees identified
as
a hazard by the
FAA would
be
exempt from the
State
Forest Conservation Program (letter attached).
It is illogical for the Montgomery County forest conservation law to require compliance with its forest
conservation law when the tree removal
is
the minimum required by the FAA.
The
Council
agreed
last
year that removing
trees
determined to be a hazard by FAA did not require compliance with the
tree
canopy requirements
(Bill
35-12).
The requested amendment would
be
consistent with that approved
legislation.
Thank you for your consideration in this matter.
M/!IJhM! .
1
~
Keith Miller
Chief Executive Officer
Amanda Mihill
Jeffrey Zyontz
(fJ
cc:
Attachments
..
-
..
- - - . _ . _ - - - - - - - - _ . _ - - - - - - ­
101
Monroe
Street, Suite 410 • Rockville,
Matyland
20850 • 301/762·9080,
FAX
301/309-0652
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FAA
Airports Division
Eastern Region
Washington Airports District Office
23723 Air Freight lane, Suite 210
Dulles,
Virginia 201S«L
(703) 661·1354
C04t&
April 7, 2010
Scanned
\:Y
"
f~'
! ...
",
~
k·······,
.,
~
~
Mr.
Keith
Miller, Executive Director
Montgomery County Revenue Authority
101 Monroe Street, Sujre410
Rockville, Maryland 20850
Reference:
Montgomery
County
Airpark
Part 77 ObstructionS
Dear Mr. Miller:
As
part
oftbe ongOing effort to bring the airport,in compliance with FAA
design
standards, the
MCRA prepared certain exhibits which
depict
obstructions
to
the FAR
Part
77 surface. Your
consultant bas summarized those obstructions,on a drawing entitled Tree Obstructions
dated
April
2010.
FAA Object clearing criteria
were
developed to provide for safe and efficient operations at an
airport and require that certain areas on or near
the
airport
be
clear ofobjects or restricted
to
objects with a certain function, composition or
height.
One of
the
FAA standards which
must
be
clear under those requirements include the FAR
Part
77 surfaces.
The
FAA determined that
penetrations
to
those surfaces are considered hazards
to
air navigation. Given
that
the
penetrations are on property owned
by
the
airport sponsor,
the
FAA
bas
concluded
that
those
hazards must be removed.
If you have any questions pJease do
not
hesitate
to
contact our offiee.
Sincerely.
·'!"'.'18'
Signed By
'·:''In'(;',I.' "",
Priscilla
Thomas A.
Priscilla.
Jr.
Baltimore Metro Engineer
00:
Mr.
Solanld. MAA
/
Ms.
R'4Chenfe1der, Delta (Richmond)
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03-06-'07 14:17 FROM-
T-512 P002/002 F-262
March 5, 2007
Mr.
Keith Miller, Executive
Director
Montgomery County Revenue Authority
101 Monroe
Street,
Suite 410
Rockville. MD 20850
RE:
Tree removal
at
Montgomery County Airpark
FCAC07~10
DearMr.MHIer:
received your letter dated February
27.
·2007,
requesting
an exemption
frorTi
the
requirements of the Maryland Forest Conservation Program for
the
proposed
tree
removal
at
Montgomery County Airpar1t-1n· Gaithersburg, Maryland.
Because this
tree
removal is required
by
the
Federal
A\1aq9n\f.{~ffli.h.~tlon
under
14 C.F.R. §77.25 (Part
77)
for safety reasons:
"
~,. :',~
.;....;.,.;..: ..
J
This
project
Is
noS subject
to
the requirements of the
State
Forest Conservation
Program.
If
you
have any questions, please contact me at 410-836-4568.
i1L
.~~I£mItll
Jo
Tod Ericson
Urban
&
Community Forester
f'1.AR
0 6
2007
...
Maryfand Forest
Service
2
SOUth
Bond
S1reet
Bel
AJr,
MD 21014
4'0-836-4588
-------
......
...
_-"
'
www.dnI'.rDaQrl8nd.gov
TTY
users
cal.
Maryland Relay
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ExPEDITED Bill NO. 25-14
28
Except as otherwise expressly provided in this Chapter, this Chapter applies
to:
(a)
29
30
a person required by law to obtain an
~nitial
rumroval. or amendment to! .. '
development plan [approval], diagrammatic plan [approval], project
plan [approval], preliminary plan of subdivision [approval], or site plan
[approval];
COmmfl'll:
[SE2J: Comment from the County
31
32
33
34
35
36
37
Attorney; The word "initiar- should be deleted.
The
word adds no meaning.
,
1
'"
22A-5.
'"
'"
'"
'"
Exemptions.
'"
(t)
a modification to an existing non-residentiatdeveloped property if:
(1)
38
39
no more than [5000] 5,000 square feet of forest [will be cleared]
ti§.
ever cleared in one event or cumulatively over mUltiple events
(2)
40
41
42
43
44
~~~.~h~h
u_~~ nun~
~_
the modification does not [affect] result in the cutting, clearing, or
___
'
__ • • "
••
'
•••
___ • • •
___
__ n
••
from the
firstexemption;~~~
__
~.u
COmmfl'll:
[m3]:
Comment from the County
.....
grading of any forest in a stream buffer or [forest] located on
property in a special protection area which must submit a water
quality plan; [and]
(3)
Attorney: The
Bill
proposes to
amend
the
exemption
far development
ofl. .
than
5,000
square
r"""
if
the
forest
Ui.
ever cleared in one event or cumulatively
over multiple
events
from the
fim
exemption ...
~
The
quoted phrase is
awkward
and unclear, I gather
the intent
is
to
pm-ent the """",phon from being
invoked mo'"
than
once for
the
same
lot
or
tract,
The
provision should
be
rewritten to clarify
!hat intenl
Based on our undel'llOnding
of
the
law, DEP
believes
the intent
is
to not
allow more than 5K
sq
ft
to
be
cleared on •
pan:e1.
whether at one time or
cumulatively, after an exemption i. granted. On..
this exemption is granted, it would
remain
in effect
until
the
applicant clears S.OOO
sq
II
offorest
over
one or multiple events. Once this
occurs.
thi.
exemption wculd no longer apply, and the applicant
would hove
to
comply with Article
n
of the
low
unl... another exemption was applicable,
45
the modification does not require approval of a [new] preliminary
plan ofsubdivision plan[.]; and
the modification does not increase the developed area
Qy
more
than
50%
and the existing development is retained;
46
47
48
49
50
51
maintaining or retrofitting an existing storrnwater management structure
if:
ill
the clearing ofvegetation or removal and trimming oftrees
~
for
the maintenance or retrofitting of the structure and in the original
limits of disturbance for construction of the existing facility;
. COmmfl'll: [m4J:
DEP proposes this additional
language. which
i.
con.istent witb the State FCA and
add.
clarification.
52
53
54
m
;:
;,
.' Formatted:
Font:
Arial, B
pi:.
Do
not
check
spelling
or grammar
Wi1l1in any maintenance easement for access to the
facility~ ~d
__
m'//.
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f:\law\bills\1425 forest conservation
lawlbill 1.docl!:
- 3
-C:lusers\whitea01\appdala\locallmicrosofliwiQ(tq:<lS\temporart
intemiiJiles\cQn!ent.outlook\aeinz61j\biII 25-141.' - (.
...... ,,""
"w~ ~ ~
................. __ .. ,..... _ .. ___ ........................ "" __ ...... ________ ............
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ExPEDrTED BILL
No.
25-14
55
56
57
ill
the tract
.lli
not included in !!: previously approved forest
conservation plan; and
(y}!!: stream restoration project for which the applicant for !!: sediment
control pennit has:
58
59
60
ill
executed!!: binding maintenance agreement of
ill
least
with the affected property owner or owners;
.2.
years
61
62
63
64
65
agreed to replace every tree removed and plant the new trees
)before the end
o(~~~J!!~tpl~~~Il:g~~_~_~.(!,ft~!J~'~~Ls~~_~IJ~ti()n_~"(_
.... ­
and
.
confinned the tract
Comment
emS]:
The
SWe
FSA
i.
silent on when
this planting should occur.
As
drafted,
this
language
could
be
interpreted
to
limit planting to only during
the
first
growing season afu:r final stabilization. Thi.
revision
broad_
the
planting
window
while
maintaining
the
same completion date.
It',
very
.'\\ likely that entities engaged in a long·term
stream
restoration project will wsnt
to
plant some areas
where construction
is
complete
before final
stabilization oflbe entire project
.lli
not included in !!: previously approved
forest conservation plan.
22A-ll.
66
Application, review, and approval procedures.
...
Delell!Id:
in
67
68
...
...
(b)
Project requiring development plan, project plan, preliminary plan of
subdivision, or site plan approval.
...
...
...
(2)
Forest conservation plan.
69
70
71
72
73
(A)
Application.
[Upon notification] After being notified that
the forest stand delineation is complete and correct, the
applicant must submit a forest conservation plan to the
Planning Director.
If the development proposal will
74
75
76
77
78
require more than one of the approvals subject to this
subsection, the applicant must submit a preliminary forest
conservation plan to the Planning Director in conjunction
with the first approval and a final forest conservation plan
in conjunction with the last approval. If only one approval
subject to this subsection is required, an applicant[, with
.' spelling
or grammar
79
80
81
:f
Formatted:
Font: Arial, 8
pt,
Do not check
,I .
Delell!Id:
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:':" law\biI11.docx
//