Subtitle 41 – Purpose; Definitions; General Provisions
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 7, § 41-1 (2026)
§ 41-1 Purpose.LinkCopy Citation
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
Balt., Md., Code art. 7, § 41-2 (2026)
§ 41-2 Definitions.LinkCopy Citation
(a)In general.
In this Division IV, the following terms have the meanings indicated.
(b)Afforestation.
“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.
“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.
“Clear” means removal of any woody plant, wherein the stump and root mass are physically removed.
(e)Critical root zone.
“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.
“Cut” means the removal of a woody plant, wherein the stump and root mass remain in place and intact.
(g)Declaration of intent.
“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.
“Department” means the Baltimore City Department of Planning.
(i)Forest.
“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.
“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.
“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.
“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)Person.
(1)In general.
“Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>.
(2)Inclusion of governmental entities.
Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this Division IV “person” also includes a governmental entity or an instrumentality or unit of a governmental entity.
(n)Reforest; reforestation.
“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.
“Regulated activity” means any activity subject to the requirements of <cite data-path="|7|§42-1">§ 42-1 of this Division IV</cite>.
(p)Retention.
“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.
“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.
“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
Balt., Md., Code art. 7, § 41-3 (2026)
§ 41-3 Statutory references.LinkCopy Citation
Whenever a provision of this Division IV refers to any portion of the Maryland Code, the Code of Maryland Regulations <em>{COMAR}</em>, 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
Balt., Md., Code art. 7, § 41-4 (2026)
§ 41-4 Scope of Division – In general.LinkCopy Citation
(1)
Except as provided in <cite data-path="|7|§41-5">§ 41-5 of this subtitle</cite>, 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 <cite data-path="|7|§41-5|(b)|(3)">§ 41-5(b)(3) of this subtitle</cite>.
(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
Balt., Md., Code art. 7, § 41-5 (2026)
§ 41-5 Scope of Division – Exemptions.LinkCopy Citation
(a)Definitions.
(1)Commercial logging or timber harvesting operations.
“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)Timber harvesting.
(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)Exempted activities.
This Division IV does not apply to:
(1)
any highway construction activity that is subject to <cite data-doc="Md. Code" data-path="gnr|5-103">State Natural Resources Article § 5-103</cite>;
(2)
commercial logging and timber harvesting operations, subject to the forest conservation and management program under <cite data-doc="Md. Code" data-path="gtp|8-211">State Tax-Property Article § 8-211</cite>:
(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 <cite data-doc="Code of Maryland Regulations" data-path="08.19.01.05">COMAR 08.19.01.05</cite>; 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 <cite data-doc="Md. Code" data-path="gnr|5-1603">State Natural Resources Article § 5-1603(f)</cite>; 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 <cite data-path="|7|§42-7">§ 42-7 of this Division IV</cite>.
History: Ord. 93-170
History: Ord. 04-672
History: Ord. 20-401