AGENDA ITEM 4C
May 6,2014
Introduction
MEMORANDUM
TO:
County Council
FROM: ..'<-<Michael Faden, Senior Legislative Attorney _
~
Amanda Mihill, Legislative
Attorne~
SUBJECT:
Introduction:
Expedited Bill 25-14, Forest Conservation - Amendments
Expedited Bill 25-14, Forest Conservation - Amendments, sponsored by the Council
President at the request of the Planning Board, is scheduled to be introduced on May 6, 2014. A
public hearing is tentatively scheduled for June 10 at 1:30 p.m.
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 stonnwater management structures. Bill 25-14 would also make
other clarifYing changes to the Forest Conservation Law.
This packet contains:
Expedited Bil125-14
Legislative Request Report
Memo from Planning Board
State law (House Bill 706)
F:\LAWlBILLS\1425 Forest Conservation Law\Intro Memo.Doc
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Expedited Bill No.
25-14
Concerning: Forest
Conservation
Amendments
Revised:
4/29/14
Draft No.
_1_
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 ofthe 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 stormwater 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]]
1<
1<
1<
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. 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
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, stormwater 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
7
8
9
10
11
with the Planning Board, Planning Director, Board of Appeals, Hearing Examiner, or
Department of Permitting Services, for plan approval or sediment control permit.
12
13
14
*
*
*
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, waterway. 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;
15
16
17
18
19
20
21
22
23
24
25
26
ill
may be performed under
!!
municipal separate storm sewer system
permit,
~
watershed implementation plan growth offset, or another plan
administered
Qy
the State or local government to achieve or maintain
water quality standards; and
ill
is not performed to satisfy stormwater management, wetlands
mitigation, or any other regulatory requirement associated with
development application.
~
*
22A-4.
Applicability
*
*
27
®
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ExPEDITED BILL
No. 25-14
28
29
30
31
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];
32
33
34
35
36
37
*
22A-S.
Exemptions.
*
*
*
*
*
(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 [forest] located on
property in a special protection area which must submit a water
quality plan; [and]
(3)
the modification does not require approval of a [new] preliminary
plan of subdivision plan[.]; and
38
39
40
41
42
43
44
45
46
47
48
ill
fu)
the modification does not increase the developed area
by
more
than 50% and the existing development is retained;
49
50
51
maintaining or retrofitting an existing stormwater management structure
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
52
53
(iJ
t'Jaw\bills\1425
forest
conservation law\bill1.docx
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EXPEDITED BILL
No. 25-14
54
55
56
57
58
59
ill
(y)
the tract is not included in g previously approved forest
conservation plan; and
g stream restoration project for which the applicant for g sediment
control permit has:
ill
ill
ill
22A-ll.
(b)
executed g binding maintenance agreement of at least
with the affected property owner or owners;
~
years
60
agreed to replace every tree removed and plant the new trees in
the first planting season after final stabilization; and
confirmed the tract is not included
in
forest conservation plan.
~
61
62
63
previously approved
64
65
66
Application, review, and approval procedures.
*
*
*
Project requiring development plan, project plan, preliminary plan of
subdivision, or site plan approval.
67
68
*
(2)
*
*
69
70
71
Forest conservation plan.
(A)
Application.
[Upon notification] After being notified that
the forest stand delineation is complete and
correc~
the
72
73
applicant must submit a forest conservation plan to the
Planning Director.
If the development proposal will
74
75
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
76
77
78
79
80
o
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ExPEDITED BILL
No.
25-14
81
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
preliminary forest conservation plan at the time of the
development [approval] application and a fInal 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 [mal 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.
*
(})
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ExPEDITED BILL
No. 25-14
107
108
109
110
111
(3)
Issuance of sediment control permit. A sediment control permit
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)
112
113
114
115
116
117
118
119
any financial security instrument required under this
Chapter is provided].
*
22A-12.
*
*
*
*
Retention, afforestation, and reforestation requirements.
*
(g)
In lieu fee.
(1)
General.
If a person satisfactorily demonstrates that the
requirements for reforestation or afforestation on-site or off-site
cannot be reasonably accomplished, the person must contribute
money to the forest conservation ftmd 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.
~
120
121
122
123
124
125
126
127
128
129
130
131
132
*
(i)
Financial Security.
*
*
*
*
*
(4)
Amount required.
o
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EXPEDITED BILL
No. 25-14
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
22A-20.
(A)
If [the] financial 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 fmancial security, the Planning Director may
allow the new lot owner to provide
~
financial security that
applies to the requirements specific to the development of
their lot.
The instrument must include a provision for
adjusting the amount based on actual costs. The fmancial
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.
*
Hearings and appeals.
*
*
*
!L.
and forest
*
(c)
*
Forest stand delineations:. exemptions from Article
conservation plans [approved] reviewed by the Planning Director.
*
Sec. 2.
*
*
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.
(j)
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LEGISLATIVE REQUEST REPORT
Expedited Bill 25-14
Forest Conservation
-
Amendments
DESCRIPTION:
Expedited Bi1125-14 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 stonnwater management structures.
Current County law is out of date and does not reflect State law
changes made in 2013.
To make County 1aw 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:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
A violation of Chapter 22A is a Class A violation.
F:\LA w\BILLS\1425 Forest Conservation Law\LRR.Doc
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MONTGOMERY COUNTY PLANNING BOARD
THB 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
10
o
Maryland Avenue
Rockville, Maryland 208S0
Dear~
CS::o
§;!:!!
:2-«
:.r.:
~~
(;):xo
nO,."
Q:-U.
\
'ga
i
:::
-::­
:i
On
February 20, 2014, the Montgomery County Planning Board recommended
S::rJ
to
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 ofa 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-S(t)
clarifies that to qualify for an
exemption, no more
than
SOOO square feet of forest can
be
removed cumulatively, the
modification
cannot substantially increase the developed
area,
and
the existing
use
must be
retained. Proposed exemptions
22A-S
(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 of a
final forest conservation plan prior to selling recording lots.
In
these cases the first new lot
buyer currently has the additional responsibility to submit and fmalize the fmal forest
conservation plan before they can obtain a sediment control permit. The proposed changes to
Section 22A-ll(b)(2XA) 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.
5. 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
Geor:gia
Avenue.
Silver
Spring, Maryland 20910 Phone: 301.495.4605 Fax: 301.495.1320
www.montgomerypla.nningboard.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 pennit. The Montgomery County Department of Pennitting
Services currently issues sediment control permits without ensuring the financial security is
posted, and it is staff practice is to require financial surety prior to any land disturbance
occurring on
the
subject site, not prior to a sediment control permit. The proposed change to
Section 22A-ll{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 occurring 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.
S. Allows individual lot 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. The proposed changes to
Section 22A-12(h)(4)(A) allow for property owners to pay a pro rata share ofthe 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 Staffof the Maryland-National Capital Park
&
Planning Commission area available to assist the Council in its review of the 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 ofthe amendments on
February 20, 2014.
(
cc: Mike Faden
Enclosures
Fran~ise
M.
Carrier
Chair '
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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; requiring 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),
G),
(k), (1),
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 (ll), and 5-1602(b)(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), (j),
(k), (I),
and (m), respectively, of
Article - Natural Resources of the Annotated Code of Maryland be renumbered to be
Section(s) 5-101(j),
(k), (I),
(m), and (n), respectively.
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5-1601(ff),
(gg), (hh), (ii), (jj), (kk),
(II),
(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), (jj), (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
(; YElzR 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
(; 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.
-4­
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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
WSS
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;
(3)
Forests and trees are key indicators of climate change and can
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)
Forests are susceptible to environmental degradation caused by
natural threats;
(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)
(iii)
(iv)
Green power goal for State facilities;
Renewable Energy Portfolio Standard;
Healthy Air Act; and
Maryland Clean Energy Incentive Act of 2006; and
(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 B¥
gQgg;
[(I)) (2)
Mfording 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)
(ii)
A unit of State or local government; or
Any other person who uses State funding and performs any
construction activity with the State funding.
(e)
(1)
In this subsection, "Fund" means the Reforestation Fund.
There is a Reforestation Fund in the Department.
(2)
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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:
[(i)]
1.
[State or other publicly owned l ands]
L AND
located in
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:
1.
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;
If
reforestation cannot be reasonably accomplished in
2.
the county and watershed in which the construction activity is located:
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
A.
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.
(ii)
1.
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.
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.
The Department shall accomplish the reforestation for
(iii)
1.
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
used to meet the reforestation requirements shall be returned to the constructing
agency.
2.
(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
(1)
any State policy; and
(2)
in the State.
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 Mairs 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)
Develop proposals for the creation of a policy of no net loss of forest
5-219.
(a)
(1)
In this section the following words have the meanings indicated.
"Reforestation" means the stocking or restocking of an area
(2)
(i)
with forest tree species.
(ii)
"Reforestation" includes:
1.
Site preparation by mechanical operation, application
of herbicides, or prescribed burning;
2.
3.
4.
5.
(iii)
ornamental trees.
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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.
TREE
removal, girdling, poisoning, and prumng
activities;
AND
[that:
1.
Are not done only to help regeneration; and
Do not result in immediately salable forest products.]
ACTIVITIES THAT IMPROVE FOREST HEALTH,
2.
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.
(b)
F.
OR
BEST
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
(2)
Available for the application of scientific forest management
practices for the primary purpose of growing and harvesting forest tree species.
Capable of growing more than 20 cubic feet of wood per acre per
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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.
(d)
(1)
Within 2 years after the date of initial certification, the
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 growing
around or over the seedling; or
(ii)
Successful timber stand improvements have been made in
accordance with regulations of the Secretary.
(2)
If
the reforestation or timber stand improvement activities do not
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)
The provisions of this section do not contravene other provisions of law
relating to the liability for fires of railroad companies.
5-1601.
(a)
In this subtitle the following words have the meanings indicated.
(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 ACTIVITY THAT:
IS DESIGNED TO STABILIZE STREAM BANKS OR ENHANCE
STREAM FUNCTION OR HABITAT LOCATED WITHIN AN EXISTING STREAM,
WATERWAY, OR FLOODPLAIN;
(1)
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Ch.384
2013 LAWS OF MARYLAND
AVOIDS AND MINIMIZES IMPACTS TO FORESTS AND PROVIDES
FOR REPLANTING ON-SITE AN EQUIVALENT NUMBER OF TREES TO THE NUMBER
REMOVED BY THE PROJECT;
(2)
(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
(4)
Is
NOT PERFORMED TO SATISFY STORMWATER MANAGEMENT,
WETLANDS MITIGATION, OR ANY OTHER REGULATORY REQUIREMENT
ASSOCIATED WITH PROPOSED DEVELOPMENT ACTIVITY.
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]
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;
(11)
(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
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
SUBDMSION PLAN, GRADING, OR SEDIMENT CONTROL PERMIT APPROVAL.
2.
(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;
REQUIRE 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.
2.
3.
Article - Tax: - General
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Ch.384
10-208.
2013 LAWS OF MARYLAND
In
a~dition
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
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.
(n)
SECTION 4. BE IT FURTHER ENACTED, That by January 1, 2015, the
Department of Planning, in consultation with the Department of Natural
R888'ti1!'888
aM
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 the
adverse effects
€If
8EWelellment.
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 I, 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 Januarv
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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