# Division IV – Forest and Tree Conservation
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
## Subtitle 41 – Purpose; Definitions; General Provisions
### § 41-1 Purpose.
Balt., Md., Code art. 7, § 41-1 (2026)
The purpose of this Division IV is to:
(1) encourage the preservation and enhancement of the City’s urban forests;
(2) replace and increase tree cover in non-forest areas within the City;
(3) establish procedures, standards and requirements that protect trees and forests during and after development activity and minimize tree loss due to development activity;
(4) establish procedures, standards and requirements for afforestation, reforestation, and specimen tree mitigation within the City; and
(5) meet the requirements of the Natural Resources Article, Sections 5-1601 through 5-1612 of the Annotated Code of Maryland.
*History: Ord. 20-401*
### § 41-2 Definitions.
Balt., Md., Code art. 7, § 41-2 (2026)
(a) In this Division IV, the following terms have the meanings indicated.
(b) “Afforestation” means:
(1) the establishment of forest cover on an area from which it has always or very long been absent, or
(2) the planting of open areas which are not presently in forest cover; and
(3) establishment of a forest according to procedures set forth in the Baltimore City Forest Conservation Manual.
(c) “Baltimore City Forest Conservation Manual” (“Manual”) includes the State Forest Conservation Manual and the Baltimore City Forest Conservation Supplement to the State Forest Conservation Manual.
(d) “Clear” means removal of any woody plant, wherein the stump and root mass are physically removed.
(e) “Critical root zone” means a circular region measured outward from a tree trunk representing the area of the roots that must be maintained or protected for the tree’s survival. Critical root zone shall be measured as one foot of radial distance for every inch of tree diameter (DBH) measured at 4.5 feet above the ground with a minimum radius of 8 feet. For specimen trees the critical root zone shall be measured as 1.5 feet of radial distance for every inch of tree diameter.
(f) “Cut” means the removal of a woody plant, wherein the stump and root mass remain in place and intact.
(g) “Declaration of intent” means a document whose purpose is to verify that the proposed activity is exempt under the provisions of the Natural Resources Article and this Division IV.
(h) “Department” means the Baltimore City Department of Planning.
(i) “Forest” includes:
(1) a biological community dominated by trees and other woody plants covering a land area of 4,000 square feet or greater. This area must have a live tree density 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;
(2) areas that have been cut, but not cleared; and
(3) “forest” does not include orchards or Christmas tree plantations.
(j) “Forest conservation” means the retention of existing forest or the creation of new forest as prescribed by the Department of Planning and the Baltimore City Forest Conservation Manual.
(k) “Forest conservation plan” means a plan approved pursuant to Subtitles 42 and 44 of this Division IV and the requirements of the Baltimore City Forest Conservation Manual.
(l) “Forest stand delineation” means the description of the existing vegetation on a site proposed for development, prepared according to the requirements of the Baltimore City Forest Conservation Technical Manual and this Division IV.
(m)
(1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article.
(2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this Division IV “person” also includes a governmental entity or an instrumentality or unit of a governmental entity.
(n) “Reforest” or “reforestation” means to create a biological community dominated by trees and other woody plants containing at least 100 trees per acre with at least 50% of those trees having the potential of attaining a 2-inch or greater diameter measured at 4.5 feet above the ground within 5 years and includes afforestation or establishment of a forest according to procedures set forth in the Baltimore City Forest Conservation Manual.
(o) “Regulated activity” means any activity subject to the requirements of § 42-1 of this Division IV.
(p) “Retention” means the deliberate holding and protecting of existing trees, shrubs, or plants on the site according to established standards in the Baltimore City Forest Conservation Manual.
(q) “Specimen tree” means a tree having a diameter measured at 4.5 feet above the ground of 20 inches or more or trees having 75% or more of the diameter of the current state champion tree of that species.
(r) “Tree” means a large, woody plant having 1 or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.
*History: Ord. 93-170*
*History: Ord. 20-401*
*History: Ord. 22-125*
### § 41-3 Statutory references.
Balt., Md., Code art. 7, § 41-3 (2026)
Whenever a provision of this Division IV refers to any portion of the Maryland Code, the Code of Maryland Regulations {COMAR}, and the State Forest Conservation Manual, the reference applies to any subsequent amendment to that portion of the code, regulations, or manual unless the referring provision expressly provides otherwise.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 41-4 Scope of Division – In general.
Balt., Md., Code art. 7, § 41-4 (2026)
(1) Except as provided in § 41-5 of this subtitle, this Division IV applies to:
(i) any person making application for a grading or building permit on a parcel or parcels of land for a total area of 5,000 square feet or greater;
(ii) any person making application for a subdivision or development plan on a parcel or parcels of land for a total area of greater than 5,000 square feet; and
(iii) a public utility not exempt under § 41-5(b)(3) of this subtitle.
(2) All subdivision or development plan approvals subject to this Division IV shall be conditioned on approval of a concept Forest Conservation Plan. All grading or building permits subject to this Division IV shall be issued conditioned on approval of and compliance with a Forest Conservation Plan.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 41-5 Scope of Division – Exemptions.
Balt., Md., Code art. 7, § 41-5 (2026)
(a)
(1) “Commercial logging or timber harvesting operations” means those activities which result in the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.
(2)
(i) “Timber harvesting” means a tree-cutting operation affecting 1 or more acres of forest or developed woodland within a 1-year interval that disturbs 5,000 square feet or more of forest floor.
(ii) “Timber harvesting” does not include grubbing and clearing of root mass.
(b) This Division IV does not apply to:
(1) any highway construction activity that is subject to State Natural Resources Article § 5-103;
(2) commercial logging and timber harvesting operations, subject to the forest conservation and management program under State Tax-Property Article § 8-211:
(i) that were completed before July 1, 1991; or
(ii) were completed on or after July 1, 1991, on property which:
(A) is the subject of a declaration of intent signed by the land owner and approved by the Department of Public Works and the Maryland Department of Natural Resource’s Project Forester’s Office as provided in COMAR 08.19.01.05; and
(B) has not been the subject of an application for a grading permit for development within 5 years after a logging or timber harvesting operation, but after this 5-year period the property shall be subject to this Division IV;
(3) the cutting or clearing of public utility rights-of-way or land for electric generating stations regulated under State Public Utility Companies Article, Title 7, if:
(i) required certificates of public convenience and necessity have been issued in accordance with State Natural Resources Article § 5-1603(f); and
(ii) the cutting or clearing of the forest is conducted so as to minimize the loss of forest;
(4) routine maintenance or emergency repairs of public utility rights-of-way, if:
(i) the right-of-way existed before the effective date of the State or this program; or
(ii) the right-of-way’s initial construction was approved under this Division IV;
(5) any noncoal surface mining regulated under Title 7, Subtitle 6A, of the State Natural Resources Article;
(6) any preliminary plan of subdivision or any grading or sediment control plan approved before July 1, 1991;
(7) areas covered by the Chesapeake Bay Critical Area Protection Law;
(8) a real estate transfer to provide a security, leasehold, or other legal or equitable interest, including a transfer of title, a portion of a lot or parcel, if:
(i) the transfer does not involve a change in land use or new development or development, with associated land disturbing activities; and
(ii) both the grantor and grantee file a declaration of intent;
(9) any activity conducted on a single lot of any size provided that the activity:
(i) does not result in the cumulative cutting or clearing of 5,000 square feet or greater of forest; and
(ii) does not include an application for a grading or building permit for disturbance of 5,000 square feet or greater; or
(10) an activity required for the purpose of constructing a dwelling house intended for the use of the owner, or a child or a grandchild of the owner, if the activity:
(i) does not result in the cumulative cutting or clearing of 20,000 square feet or greater of forest;
(ii) does not include an application for a grading or sediment and erosion control permit of 20,000 square feet or greater; and
(iii) is the subject of a declaration of intent filed with the Department pursuant to § 42-7 of this Division IV.
*History: Ord. 93-170*
*History: Ord. 04-672*
*History: Ord. 20-401*
## Subtitle 42 – General Requirements
### § 42-1 In general.
Balt., Md., Code art. 7, § 42-1 (2026)
(a) Any person subject to this Division IV:
(1) shall submit to the Department:
(i) a forest stand delineation for the property on which the development is located according to guidelines set forth in the Baltimore City Forest Conservation Manual and this Division IV; and
(ii) a forest conservation plan for the property on which the development is located according to guidelines set forth in the Manual and this Division IV; and
(2) shall use methods provided in the Manual to protect retained forest and trees during construction.
(b) If a City agency using state funds makes application to conduct a regulated activity, the provisions of COMAR 08.19.04.01D apply.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 42-2 Preparation of plans.
Balt., Md., Code art. 7, § 42-2 (2026)
The forest stand delineation, the forest conservation plan, including preliminary and final plan, and the afforestation plan shall be prepared by a licensed forester, licensed landscape architect, or other qualified professional as provided in COMAR 08.19.06.01B.
*History: Ord. 93-170*
### § 42-3 Authorized signatory.
Balt., Md., Code art. 7, § 42-3 (2026)
(a) The forest stand delineation, preliminary and final forest conservation plans and afforestation/reforestation plans shall be signed by:
(1) an officer of the corporation or an authorized agent of a corporation;
(2) an authorized official of a federal, state, or local government;
(3) a partner of an association or partnership; or
(4) an individual applicant.
(b) The individual who signs an application is responsible for the truth, accuracy, and completeness of all information in the application.
*History: Ord. 93-170*
### § 42-4 Review.
Balt., Md., Code art. 7, § 42-4 (2026)
The Department shall review an application for a forest stand delineation, forestation and deforestation plans, and preliminary and final forest conservation plans to determine whether they are complete and correct, and shall acknowledge receipt of the application in writing by regular first class mail or email.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 42-5 Completeness of application.
Balt., Md., Code art. 7, § 42-5 (2026)
The Department shall consider a forest stand delineation, preliminary and final forest conservation plans, and afforestation plans complete if they contain all of the required information listed in the Baltimore City Forest Conservation Manual.
*History: Ord. 93-170*
### § 42-6 Notification of completeness.
Balt., Md., Code art. 7, § 42-6 (2026)
(a) Within 45 calendar days after receipt of the forest stand delineation, the preliminary and final forest conservation plans, and the afforestation plan, the Department shall notify the applicant by mail or email whether the application is complete and correct or if additional information is required.
(b) If the Department fails to notify the applicant within 45 days, any plan submitted shall be treated as complete and correct.
(c) The Department may require further information or provide for an additional 15 calendar days for review of an application under extenuating circumstances.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 42-7 Declaration of intent.
Balt., Md., Code art. 7, § 42-7 (2026)
(a) A person seeking an exemption under § 41-4 {§ 41-5} of this Division IV shall file a declaration of intent with the Department.
(b) The declaration of intent shall be as specified in COMAR 08.19.01.05.
(c) The declaration of intent is effective for 5 years.
*History: Ord. 93-170*
### § 42-8 Area subject to calculations.
Balt., Md., Code art. 7, § 42-8 (2026)
For a grading or building permit application for an area 40,000 square feet or greater in size, only the area of disturbance is subject to reforestation and afforestation calculations, unless the grading or building permit is part of a master plan, development plan, planned unit development, or subdivision for which the entire master plan, development plan, planned unit development, or subdivision is subject to reforestation and afforestation calculations.
*History: Ord. 93-170*
*History: Ord. 20-401*
## Subtitle 43 – Forest Stand Delineation
### § 43-1 Time for submission.
Balt., Md., Code art. 7, § 43-1 (2026)
(a) A forest stand delineation for the affected area shall be submitted:
(1) at the initial stages of subdivision or site plan approval;
(2) before a grading or building permit application is submitted; or
(3) before a sediment and erosion control application is submitted.
(b) If the forest stand delineation is not submitted at this time, no action will be taken on an application request for subdivision, site plan, building, grading, or sediment and erosion control approval.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 43-2 Simplified delineation – When authorized.
Balt., Md., Code art. 7, § 43-2 (2026)
A simplified forest stand delineation may be submitted for an area:
(1) when no forest cover will be disturbed during any construction activity;
(2) when an area is designated to be protected under a long term protective agreement;
(3) when there is no existing forest on the site; or
(4) when approved by the Department.
*History: Ord. 93-170*
### § 43-3 Simplified delineation – Requirements.
Balt., Md., Code art. 7, § 43-3 (2026)
The Department shall consider a simplified forest stand delineation complete if it includes:
(1) a topographic map delineating intermittent and perennial streams and steep slopes over 25%;
(2) a soils map;
(3) location of 100-year floodplain; and
(4) any other information necessary for the Department to review the application.
*History: Ord. 93-170*
### § 43-4 Effective term.
Balt., Md., Code art. 7, § 43-4 (2026)
An approved forest stand delineation may remain in effect for a period not longer than 5 years.
*History: Ord. 93-170*
## Subtitle 44 – Forest Conservation Plan
### § 44-1 Preliminary plan.
Balt., Md., Code art. 7, § 44-1 (2026)
(a) The review of a preliminary forest conservation plan shall be concurrent with the review of the preliminary site plan.
(b) A preliminary forest conservation plan may be modified during the different stages of the review process, provided the Department approves the changes.
*History: Ord. 93-170*
### § 44-2 Retention of existing forest and specimen trees.
Balt., Md., Code art. 7, § 44-2 (2026)
In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest and specimen trees on the site. If existing forest or specimen trees on the site subject to a forest conservation plan cannot be retained, the applicant shall demonstrate to the satisfaction of the Department how techniques for retention have been exhausted.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 44-3 Impacts to specimen trees and forests on adjacent properties.
Balt., Md., Code art. 7, § 44-3 (2026)
The Department may only approve clearing or significant critical root zone impacts to specimen trees or forests on adjacent properties if the applicant submits written notification of the proposed clearing or significant critical root zone impacts to the owners.
*History: Ord. 20-401*
### § 44-4 Revocation of plan – Grounds.
Balt., Md., Code art. 7, § 44-4 (2026)
The Department, its designee, or other responsible agency at the request of the Department, may revoke an approved forest conservation plan, including a reforestation and afforestation plan, if it finds that:
(1) any provision of the plan has been violated;
(2) approval of the plan was obtained through fraud, misrepresentation, a false or misleading statement, or omission of a relevant or material fact; or
(3) changes in the development or in the condition of the site necessitate preparation of a new or amended plan.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 44-5 Revocation of plan – Notice and hearing.
Balt., Md., Code art. 7, § 44-5 (2026)
Prior to revoking approval of a forest conservation plan, the Department shall notify the owner and/or developer in writing and provide an opportunity for hearing before the Baltimore City Planning Commission.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 44-6 Cutting prohibited pending approval.
Balt., Md., Code art. 7, § 44-6 (2026)
If a forest conservation plan is required by this Division IV, a person shall not cut, clear, or grade on the development site until the Department has approved the plan. All grading or building permits, and subdivision or development plan approvals shall be issued conditioned on approval of, and compliance with a Forest Conservation Plan.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 44-7 Approval of plan alteration.
Balt., Md., Code art. 7, § 44-7 (2026)
The plan cannot be altered without first obtaining approval from the Department.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 44-8 Modification of a forest conservation easement.
Balt., Md., Code art. 7, § 44-8 (2026)
(a) The following review and approval paths will apply to forest conservation easement modifications:
(1) Expansion of an easement with no reduction to the easement can be reviewed and approved through the standard forest conservation review process.
(2) Less than 5,000 square feet of modification to an easement of at least 15,000 square. feet in size can be reviewed and approved through the standard forest conservation review process.
(3) 5,000 square feet or greater modification to an easement of at least 15,000 square feet in size must be approved by the Planning Commission.
(4) Any amount of modification to an easement established as part of a previous approval by the Planning Commission must be approved by the Planning Commission.
(5) No modification will be permitted to reduce an easement to less than 10,000 square feet in size if the easement is to remain.
(6) The applicant will need to submit:
(i) a new Forest Stand Delineation if the Forest Stand Delineation on record is more than 5 years old;
(ii) a new Forest Conservation Plan identifying the proposed easement modification(s); the plan must demonstrate that the proposed modifications enhance or have no adverse effect on public safety and the public benefit, and enhance or appropriately offset any adverse effect on the conservation attributes of the property;
(iii) information describing how the request meets one or more of the “Conditions and Circumstances Under Which an Easement Modification May Be Considered” and all applicable “Criteria for Approval of an Easement Modification” as listed below; and
(iv) a request to the Planning Commission for Forest Conservation Easement modification, for modifications requiring Planning Commission approval.
(7) Once a request requiring Planning Commission approval has been accepted and scheduled for Planning Commission review, the applicant must meet all Planning Commission hearing requirements.
(b) Conditions and circumstances under which an easement modification may be considered {are listed below}.
(1) Expansion of an easement.
(2) Correction of oversight or error.
(3) Modification to address an environmental problem or public safety issue.
(4) Modification to accomplish a public benefit.
(c) The applicant must demonstrate that the modified easement will meet state and local forest conservation standards.
(1) In the case of a correction of an oversight or error, the applicant must demonstrate that an oversight or error exists in the recorded easement documents.
(2) In the case of a modification to address an environmental problem or public safety issue, the applicant must demonstrate existence and extent of the environmental or public safety issue.
(3) In the case of a modification to accomplish a public benefit, the applicant must demonstrate and quantify the public benefit that would result from the modification.
(4) In cases where a proposed modification would result in removal of a portion of the existing easement, the applicant must demonstrate that, in identifying the proposed solution, all potential options for retaining the easement intact were exhausted.
(5) In cases where a proposed modification would result in removal of a portion of the existing easement, the applicant must demonstrate that the mitigation proposed meets the requirements as calculated using the state Forest Conservation Worksheet and that the mitigation proposed follows the required sequence for mitigation as listed under Subtitle 45 of Article 7, Division IV of the City Code. A fee in lieu will only be considered as a last resort.
(6) Proposals to completely remove or eliminate an easement will not be considered unless the existing easement is replaced with an on- or off-site easement of equivalent quality and of a size determined using the State Forest Conservation Worksheet.
(7) Equivalent quality will be determined by the Department of Planning through a comparison of the existing and proposed easements, including the presence of priority forest, forest stand maturity, health, and species diversity, and the extent of non-native invasive vegetation.
(8) No modification will be permitted to reduce an easement to less than 10,000 square feet in size, and minimum dimensions must meet the standards established in the State Forest Conservation Technical Manual.
(d)
(1) Submit a new draft record plat and draft easement agreement for approval. The agreement should cite any terms or conditions associated with approval by the Department or the Planning Commission.
(2) Provide a draft bond for any on-site or off-site mitigation requirements approved by the Planning Commission and work with the Department of Planning to prepare a draft MOU defining the terms for completing the mitigation and releasing the bond.
(3) Once the draft bond has been approved, execute the bond and associated MOU and provide the original to the Department of Planning.
(4) Once the record plat and easement agreement have been approved by the Department of Planning, record the new plat and agreement with the Circuit Court for Baltimore City, Land Records and Licenses Division.
(5) Satisfy all mitigation requirements required. Notify Department of Planning staff for inspections once mitigation has been installed and again before the two-year maintenance and establishment period concludes. Once all mitigation and maintenance requirements have been satisfied, the Department of Planning will arrange to release the bond.
*History: Ord. 20-401*
## Subtitle 45 – Reforestation, Afforestation, and Specimen Tree Mitigation
### § 45-1 Preference for retention.
Balt., Md., Code art. 7, § 45-1 (2026)
After every reasonable effort to minimize the cutting of trees and other woody plants is exhausted in the development of a subdivision plan, and/or grading and sediment control plans, the forest conservation plan shall provide for reforestation, afforestation, and/or specimen tree mitigation.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 45-2 Required sequence.
Balt., Md., Code art. 7, § 45-2 (2026)
(a)
(1) “Off-site” means not on the same property as the activity which is proposed, is occurring, or which has occurred.
(2) “On-site” means the area located within the legal boundary of the property on which the regulated activity is proposed, is occurring, or has occurred.
(b) The required sequence for reforestation, afforestation, or specimen tree mitigation, after techniques for retaining existing forest on the site have been exhausted, is as follows:
(1) on-site reforestation, afforestation, and/or specimen tree mitigation, as specified in the Baltimore City Forest Conservation Manual;
(2) off-site reforestation, afforestation, and/or specimen tree mitigation within the City shall be as specified for on-site reforestation or specimen tree mitigation;
(3) use of appropriate credits generated by a forest mitigation bank in the City; and
(4) payment into the City Forest Conservation Fund.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 45-3 Reforestation, etc., guidelines; time limits.
Balt., Md., Code art. 7, § 45-3 (2026)
(a) Persons required to conduct reforestation, afforestation, or specimen tree mitigation shall follow the priority guidelines outlined in the Baltimore City Forest Conservation Manual.
(b) A person required to conduct reforestation, afforestation, or specimen tree mitigation under this Division IV shall accomplish the action within 1 year or 2 growing seasons following the issuance of a grading permit, allowing for phasing in the plan.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 45-4 Security required.
Balt., Md., Code art. 7, § 45-4 (2026)
Before the issuance of a grading or building permit, a person required to conduct afforestation, reforestation, or specimen tree mitigation under this Division IV shall furnish financial security in the form of a bond, an irrevocable letter of credit, or other security approved by the Department, as provided in the Baltimore City Conservation Supplement to the State Conservation Manual.
*History: Ord. 93-170*
*History: Ord. 20-401*
## Subtitle 46 – Forest Conservation Fund
### § 46-1 Forest Conservation Fund established.
Balt., Md., Code art. 7, § 46-1 (2026)
There is hereby created a Baltimore City Forest Conservation Fund that meets the requirements of Natural Resources Article, §5-1610(h-l), Annotated Code of Maryland.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 46-2 When payments in lieu permitted.
Balt., Md., Code art. 7, § 46-2 (2026)
If reforestation, afforestation, or specimen tree mitigation is not possible, and appropriate credits generated by a forest mitigation bank in the City are not available, the applicant may make payment into the Forest Conservation Fund. Payment may be accepted into the Conservation Fund under the following circumstances:
(1) satisfying all or a portion of the required reforestation, afforestation, or specimen tree mitigation on site is technically infeasible;
(2) an acceptable planting site cannot be found on other land within Baltimore City; and
(3) appropriate credits generated by a forest mitigation bank in the City are not available.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 46-3 Contribution rate.
Balt., Md., Code art. 7, § 46-3 (2026)
(a) A person permitted by § 46-2 of this subtitle to contribute to this fund in lieu of reforestation or afforestation shall make a payment to the Baltimore City Conservation Fund of $60,000 per acre of the area requiring planting or at a rate determined and adjusted periodically by the Planning Commission and approved by the Board of Estimates.
(b) A person permitted by § 46-2 of this subtitle to contribute to this fund in lieu of specimen tree mitigation shall make a payment to the Baltimore City Conservation Fund of $300 per inch of required mitigation, or at a rate as determined and adjusted periodically by the Planning Commission and approved by the Board of Estimates.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 46-4 When payable.
Balt., Md., Code art. 7, § 46-4 (2026)
Money contributed in lieu of afforestation, reforestation, or specimen tree mitigation shall be paid at the time of the issuance of the grading or building permit for the development project.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 46-5 Period for City reforestation, etc.
Balt., Md., Code art. 7, § 46-5 (2026)
(a) The City shall accomplish the reforestation or afforestation for the equivalent number of acres for which the money is deposited within 2 years or 3 growing seasons, whichever is a greater time period, after receipt of the money.
(b) At the end of that time, any part that has not been used to meet the afforestation or reforestation requirements shall be returned to the person who provided the money.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 46-6 Management of Fund.
Balt., Md., Code art. 7, § 46-6 (2026)
(a) Money contributed under this title:
(1) may be used only for reforestation and afforestration, including site identification, acquisition, preparation, management, and maintenance of existing forests, and achieving urban canopy goals;
(2) shall be deposited in a separate Forest Conservation Fund; and
(3) shall not revert to the General Fund.
(b) Sites selected for use of funds shall be located in the City of Baltimore.
*History: Ord. 93-170*
*History: Ord. 20-401*
## Subtitle 47 – Variances
### § 47-1 “Variance” defined; When request required.
Balt., Md., Code art. 7, § 47-1 (2026)
“Variance” means the process of obtaining approval for a forest conservation plan that does not strictly conform to the standards and requirements set forth in this Division IV. A variance must be requested in advance of approval of a Forest Conservation Plan and in advance of any activity requiring approval of a Forest Conservation Plan.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 47-2 When authorized.
Balt., Md., Code art. 7, § 47-2 (2026)
Variances from this Division IV may be granted by the Planning Commission, if the applicant demonstrates that enforcement would result in unwarranted hardship to the applicant.
*History: Ord. 93-170*
### § 47-3 Applications.
Balt., Md., Code art. 7, § 47-3 (2026)
An applicant for a variance shall:
(1) describe the special conditions peculiar to the property which would cause the unwarranted hardship;
(2) describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas;
(3) verify that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants;
(4) verify that the variance request is not based on conditions or circumstances which are the result of actions by the applicant;
(5) verify that the need for the variance is not as a result of a violation of any portion of Division IV;
(6) verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property;
(7) verify that the granting of a variance will not adversely affect water quality; and
(8) such other criteria that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Planning Commission may set by rule or regulation.
*History: Ord. 93-170*
*History: Ord. 20-401*
*History: Text Conformed 02/16/21*
## Subtitle 48 – Enforcement; Penalties
### § 48-1 HCD to enforce.
Balt., Md., Code art. 7, § 48-1 (2026)
This Division IV may be enforced by the Department of Housing and Community Development in the manner provided in § 104 {“Duties and powers of Building Official”} of the Baltimore City Building Code.
*History: Ord. 93-170*
*History: Ord. 02-475*
*History: Ord. 13-093*
### § 48-2 Fines.
Balt., Md., Code art. 7, § 48-2 (2026)
(a) A person found to be in noncompliance with this Division IV, or the regulations adopted thereunder, the forest conservation plan, or the associated 2-year maintenance agreement, shall be fined a penalty of $120,000 per acre of the area found to be in noncompliance with required forest conservation, or at a rate as determined and adjusted periodically by the Planning Commission and approved by the Board of Estimates.
(b) Money collected under subsection (a) of this section shall be deposited in the Forest Conservation Fund established by the Director of Finance, and may be used by the City for purposes related to implementing this Division IV.
*History: Ord. 93-170*
*History: Ord. 20-401*
### § 48-3 Civil penalties.
Balt., Md., Code art. 7, § 48-3 (2026)
(a) In addition, any person who violates any provision of this Division IV or any regulation or order adopted or issued thereunder, is liable for a penalty not exceeding $1,000 per violation, which may be recovered in a civil action brought by the City.
(b) Each day a violation continues is a separate violation.
*History: Ord. 93-170*
### § 48-4 Injunctions.
Balt., Md., Code art. 7, § 48-4 (2026)
The Department may request the City Solicitor to seek an injunction requiring a person to cease violation of this title and to take corrective action to restore or reforest an area.
*History: Ord. 93-170*
## Subtitles 49 to 50