Chapter 22A. Forest Conservation - Trees

save, maintain, and plant trees and forested areas for the benefit of County residents and future generations;

establish procedures, standards, and requirements to minimize tree loss as a result of development and to protect trees and forests during and after construction or other land disturbing activities;

establish procedures, standards, and requirements for afforestation and reforestation of land subject to an application for development approval or a sediment control permit;

establish a fund for future tree conservation projects, including afforestation and reforestation; and

provide a focused and coordinated approach for County forest conservation activities.

has the same meaning as in Chapter 19; and

means cutting, clearing, or grading of more than 5,000 square feet of forest.

the federal government, the state, any county, municipal corporation, or other political subdivision of the state, or any of their units;

transmission line or electric generating station; or

water, sewer, electric, gas, telephone, and cable service line.

under Chapter 19, Article I;

from the Washington Suburban Sanitary Commission for major utility construction as defined under regulations of the Commission; or

from a municipal corporation.

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 by the project;

may be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the State or local government to achieve or maintain water quality standards; and

is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with a development application.

the property subject to a development application or a sediment control permit, the boundaries of which are described by deed or record plat;

the entire property subject to a development application or a sediment control permit if it is developed as a single project; or

the length and width of the right-of-way or the limits of disturbance, whichever is greater, for a linear project.

that collectively total 40,000 square feet or larger;

that are graded at the same time; and

where sediment control is required.

does not require a special exception;

does not occur within an environmental buffer, except for the allowable uses stated in the environmental guidelines

does not result in the cutting, clearing, or grading of:

is subject to a declaration of intent filed with the Planning Director stating that the lot will not be the subject of additional regulated activities under this Chapter within 5 years of the cutting, clearing, or grading of forest;

the activity is exempt from the requirements to obtain a sediment control permit under Section 19-2(b)(2);

the activity is subject to a declaration of intent filed with the Planning Director stating that the agricultural areas will remain in commercial agriculture; and

agricultural support buildings and related activities are built using best management practices;

a commercial logging and timber harvesting operation, including any harvesting conducted under the forest conservation and management program under Section 8-211 of the Tax-Property Article of the Maryland Code that:

The Department of Permitting Services must send the Planning Director a copy of all sediment control permits issued for commercial logging and timber harvesting operations.

The requirements of this subsection apply to commercial logging and timber harvesting operations on agricultural land;

was approved before July 1, 1984, and has less than 40,000 square feet of forest cover; or

was approved or extended between July 1, 1984 and July 1, 1991; and

the construction will not result in the cutting, clearing, or grading of:

the transfer does not involve a change in land use, or new development or redevelopment, with associated land disturbing activities; and

both the grantor and grantee file a declaration of intent;

the only development located on the resulting lot is a single family dwelling unit or an accessory structure (such as a pool, tennis court, or shed); development does not occur within an environmental buffer, except for the allowable uses stated in the environmental guidelines; and development does not result in the cutting, clearing, or grading of:

there is no proposed land disturbance and a declaration of intent is filed with the Planning Director stating that the lot will not be the subject of additional regulated activities under this Chapter within 5 years of the approval of the minor subdivision;

any required certificates of public convenience and necessity have been issued in accordance with Section 5-1603(f) of the Natural Resources Article of the Maryland Code; and

the cutting or clearing of the forest is conducted so as to minimize the loss of forest.

the right-of-way existed before July 1, 1992;

forest clearing will not exceed a total of 20,000 square feet; and

the construction will not result in the cutting, clearing, or grading of:

the application is for an existing structure and the proposed use will not result in clearing of existing forest or trees;

the application modifies an existing special exception use which was approved before July 1, 1991, and the revision will not result in the clearing of more than a total of 5,000 additional square feet of forest or any specimen or champion tree unless a tree save plan is approved under Section 22A-6(a); or

the total disturbance area for the proposed special exception use, or conditional use, will not exceed 10,000 square feet, and clearing will not exceed a total of 5,000 square feet of forest or include any specimen or champion tree unless a tree save plan is approved under Section 22A-6(a);

any forest was cleared during an agricultural activity, as defined in subsection (b), during the 5 years before any exemption under this subsection is claimed;

any forest or tree located in a stream valley buffer would be cleared;

on-site forest retention does not equal at least 25 percent of the tract area or all forest existing when the exemption is claimed, whichever is less; or

on-site forest retention does not equal at least 50 percent of any net tract area when more than 50 percent of that tract is existing forest.

an activity occurring on a tract of land that is less than 1.5 acres and that:

an activity occurring on a tract of land that is less than one acre and that:

non-residential developed property if:

residential developed property if:

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 of the existing facility, or within any maintenance easement for access to the facility; and

the tract is not included in a previously approved forest conservation plan;

agreed to replace every tree removed and plant the new trees before the end of the first planting season after final stabilization;

confirmed that the tract is not included in a previously approved forest conservation plan; and

executed a binding maintenance agreement for planting and maintenance of mitigation trees for at least 5 years with the affected property owner or owners, or with the Maryland National-Capital Park and Planning Commission if the applicant is performing a stream restoration project on their own property. If an applicant is performing a stream restoration project on their own property, financial security is required under Section 22A-12(i);

there is no proposed future development and existing impervious surfaces are substantially removed from the tract of land;

the site is returned to natural topography;

the property will not be used for a parking lot, material or equipment storage, or used as a recreational playing field;

trees and groundcover will be planted so that all disturbed areas are immediately stabilized;

no forest or specimen trees are removed;

a tree save plan is submitted to protect existing forest and trees;

the property is not already subject to Article II of this Chapter; and

a Declaration of Intent is filed with the Planning Director stating that the property will not be the subject of additional development activities under this Chapter within 5 years of demolition of the existing structure.

final plat approval has been obtained by July 1, 1992; or

a substantively complete application for final plat approval under Section 50-36 has been filed by July 1, 1992. If all other requirements are met, the Planning Board must consider an application to be substantively complete if the Board determines that:

Except as provided in paragraph (2) of this subsection, this Section applies to a proposed land disturbing activity requiring a sediment control permit for the construction, reconstruction, or replacement of public utility lines (except water and sewer lines) within a public right-of-way, public utility easement, or a public utility right-of-way owned by the utility.

This Section does not apply if a public utility easement will be located on the property of a development subject to Article II of this Chapter. Satisfaction of the regulatory requirements of that Article applicable to activities on the easement is the responsibility of the owner of the property.

To determine the applicability of this Chapter under Section 22A-4 to proposed activities within a public right-of-way or public utility easement, the calculation of land area must be based on the limits of disturbance as shown on the sediment control permit.

A public right-of-way, public utility easement, or privately owned utility right-of-way is considered to be exempt under Section 22A-5(o) if the proposed activity and any future stages of the work on the utility line will not result in the cumulative cutting, clearing, or grading of more than 20,000 square feet of forest or the cutting, clearing, or grading of any specimen or champion tree, or trees or forest that are subject to a previously approved forest conservation or tree save plan. Any later stages of the work must be identified at the time of the initial sediment control permit application.

If the exemption does not apply, afforestation or reforestation requirements must be calculated using the net tract area applicable to the entire proposed utility line without regard to project segments subject to a specific sediment control permit. The property boundaries of the privately owned utility right-of-way, public utility easement, or public right-of-way (to the extent of the utility work) must be used in calculating the area of the tract. The net tract area should reflect any reduction in land area that will continue to be used for agricultural activities.

This Section applies to construction of a highway by the County or a municipality as part of an approved Capital Improvements Program project.

The construction should minimize forest removal, land disturbance, and loss of significant, specimen, or champion trees to the extent possible while balancing other design, construction, and environmental standards. The constructing agency must make a reasonable effort to minimize land disturbance to avoid the cutting or clearing of trees and other woody plants.

A forest stand delineation must be used during the preliminary review process to find the most suitable and practical areas for tree and forest conservation. A forest stand delineation must contain topographic, hydrographic, soils and geologic, and qualitative and quantitative information on trees and forest cover, and other information or requirements specified in the regulations or technical manual.

A simplified forest stand delineation may replace the forest stand delineation required by paragraph (1) if:

The Planning Director may waive any requirement for information that is unnecessary for a specific site.

An approved forest stand delineation is not valid after 2 years unless:

An approved forest stand delineation may not be amended. A new forest stand delineation must be submitted for review in order to make any changes.

A forest conservation plan is intended to govern conservation, maintenance, and any afforestation or reforestation requirements which apply to the site. A forest conservation plan must contain information on the extent and characteristics of the trees and forested area to be retained or planted, proposed locations for on-site and off-site reforestation, scheduling, protective measures, a binding maintenance agreement effective for at least 5 years, a binding agreement to protect forest conservation areas, and other information or requirements specified in the regulations or technical manual.

A forest conservation plan may include protective measures designed to conserve significant and mature trees on adjacent property from adverse impacts that may be caused by the development or land disturbing activities proposed for the tract.

A forest conservation plan may be reviewed in 2 stages with the submission of a preliminary and a final forest conservation plan as specified under Section 22A-11.

Application. The submission of a development plan, floating zone plan, project plan, sketch plan, subdivision plan, site plan, expedited approval plan, special exception, conditional use, mandatory referral, park development plan, or sediment control permit under this Section must include an approved forest stand delineation or a confirmed exemption from submitting a forest conservation plan under Section 22A-5.

Coordinated with project review. The forest conservation plan must be submitted and reviewed in conjunction with the review process for a development plan, floating zone plan, project plan, subdivision plan, site plan, expedited approval plan, special exception, conditional use, mandatory referral, park development plan, or sediment control permit under this Section. The Planning Director must coordinate review of the forest conservation plan with the Director of Environmental Protection, the Director of Permitting Services, the Washington Suburban Sanitary Commission, other relevant regulatory agencies, and entities that will provide public utilities to the tract, to promote consistency between the objectives of this Chapter and other development requirements. To the extent practicable, entities providing public utilities should design facilities that will serve a tract in a manner that avoids identified conservation areas and minimizes tree loss.

Modification of an approved plan. The Planning Director may approve modifications to an approved forest conservation plan that are consistent with this Chapter if:

Notice. Public posting and written notice of forest conservation plan applications must be provided by applicants as specified in Section 50/59.10.01.04, as amended, of the Administrative Procedures for Development Review..

Forest stand delineation. The applicant must submit to the Planning Director a forest stand delineation and the forest stand delineation must be approved before the applicant may submit an application for a development plan, floating zone plan, project plan, preliminary plan of subdivision, expedited approval plan, or site plan. Within 30 days of receipt, the Planning Director must notify the applicant whether the forest stand delineation is complete and correct. If the Planning Director fails to notify the applicant within 30 days, the delineation will be treated as complete and correct. The Planning Director may require further information or provide for one extension of this deadline for an additional 15 days for extenuating circumstances. The applicant must submit revised drawings to address comments within 90 days from the date the Planning Director sends comments to the applicant. If the applicant fails to submit revised drawings, the application is deemed withdrawn. The Planning Director may provide for one extension of this deadline for extenuating circumstances.

Forest conservation plan.

Forest stand delineation. If a special exception or conditional use proposal is subject to the requirements of this Chapter, the applicant must submit a forest stand delineation to the Planning Director before the Board of Appeals may consider the application for the special exception. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit a preliminary forest conservation plan to the Planning Director. The Board of Appeals must consider the preliminary forest conservation plan when approving the special exception or conditional use application and must not approve a special exception or conditional use application that conflicts with the preliminary forest conservation plan. A final forest conservation plan must be submitted before obtaining a sediment control permit, or at the time of preliminary plan of subdivision or site plan application, if required. The deadlines for reviewing a final forest conservation plan are the same as in paragraph (d)(2) of this Section.

Forest stand delineation. If an application for a sediment control permit might be subject to the requirements of this Chapter, the applicable sediment control permit issuing authority must direct the applicant to the Planning Director for a determination. If the Planning Director finds the sediment control permit application to be subject to this Chapter, the applicant must submit a forest stand delineation to the Planning Director for review. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit to the Planning Director a forest conservation plan. Within 45 days from receipt of the forest conservation plan, the Planning Director must notify the applicant if the forest conservation plan is complete and approved. If the applicant is not notified within 45 days, the plan will be treated as complete and approved. The Director may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances. In addition, at the request of the applicant, the Director may extend this deadline further for extenuating circumstances.

Issuance of sediment control permit. A sediment control permit must not be issued to a person who must comply with this Article until a final forest conservation plan, if required, is approved.

Forest stand delineation. A person seeking mandatory referral or a park development plan for a project that is subject to the requirements of this Chapter must first submit a forest stand delineation to the Planning Director for review. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit to the Planning Director a final forest conservation plan. The Planning Board must consider the final forest conservation plan when reviewing the mandatory referral application or the park development plan.

Issuance of a sediment control permit. Issuance of a sediment control permit is subject to the conditions specified in paragraph (d)(3) of this Section.

Forest stand delineation. For any sketch plan application filed on or after November 14, 2017, the applicant must submit to the Planning Director, for approval, a forest stand delineation before the sketch plan application. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit a preliminary forest conservation plan to the Planning Director with the first development application after approval of the sketch plan. The deadlines for reviewing a preliminary and final forest conservation plan are the same as in paragraphs (b)(2)(B) and (b)(2)(C) of this Section.

Forest stand delineation. The applicant must submit to the Planning Director a forest stand delineation before the administrative subdivision application. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit a preliminary forest conservation plan to the Planning Director. The Planning Director must consider the preliminary forest conservation plan when approving the administrative subdivision application and must not approve an administrative subdivision application that conflicts with the preliminary forest conservation plan. A final forest conservation plan must be submitted and approved before obtaining a sediment control permit or record plat, whichever comes first. The deadlines for reviewing a final forest conservation plan are the same as in paragraph (d)(2) of this Section. If the Director defers the approval of an administrative subdivision to the Planning Board, the Planning Board must review and act on the preliminary forest conservation plan with the administrative subdivision plan. The deadlines for reviewing a final forest conservation are the same as in paragraph (b)(2)(C) of this Section.

The primary objective of the forest conservation plan should be to retain existing forest and trees and avoid reforestation in accordance with this Chapter. The forest conservation plan must retain certain vegetation and specific areas in an undisturbed condition unless the Planning Director finds that:

In general, areas protected under this subsection include:

The following trees, shrubs, plants, and specific areas are priority for retention and protection and must be left in an undisturbed condition unless the Planning Board or Planning Director, as appropriate, finds that the applicant qualifies for a variance under Section 22A-21:

For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area below the applicable forest conservation threshold, the area of forest removed must be reforested at a ratio of 2 acres planted for every one acre removed if reforestation is occurring within the same 8-digit watershed as the project or a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA); or 2 ½ acres planted for every one acre removed if reforestation is occurring within the County outside of the same 8-digit watershed and outside of a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA).

For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above the applicable forest conservation threshold, the area of forest removed must be reforested at a ratio of ½ acre planted for every one acre removed if reforestation is occurring within the same 8-digit watershed as the project or a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA); or 1 acre planted for every one acre removed if reforestation is occurring within the County outside of the same 8-digit watershed and outside of a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA).

Each acre of forest retained on the net tract area above the applicable forest conservation threshold must be credited against the total number of acres required to be reforested.

A regulated activity under this Chapter within the net tract area that occurs wholely or partly in areas regulated as nontidal wetlands is subject to both the nontidal wetland regulatory requirements and the requirements of this Chapter. However, any area of forest within the net tract area that is retained, including forest in nontidal wetlands, must be counted towards forest conservation requirements under this Chapter.

A site with less than 20 percent of the net tract area in forest cover must be afforested in accordance with the required afforestation percentages shown on the table in subsection (a) of this Section.

Afforestation must be accomplished by the planting of forest cover, unless if the applicant demonstrates to the satisfaction of the Planning Board or Planning Director, as the case may be, that afforestation using forest cover is inappropriate for a site because of its location in an urban setting, redevelopment context, high-density residential, commercial, industrial, planned unit development, or institutional area (as defined in Section 22A-3), or similar reason, in which case afforestation requirements may be satisfied by tree cover.

Solar photovoltaic facilities may not be subject to afforestation requirements in this chapter. Solar photovoltaic facilities are subject to all other requirements in this chapter.

General requirements.

Off-site afforestation and reforestation. If no opportunities for planting forest exist under Section 22A-12(e)(1)(A), off-site afforestation or reforestation may also include:

Priority areas and plantings. Afforestation and reforestation should be directed to stream buffer areas, environmental buffers, connections between and additions to forested areas, critical habitat areas and adjacent forest buffers, topographically unstable areas, and land use and road buffers. The use of native plant materials is preferred.

Location requirements.

Deadline for plant installation. The afforestation and reforestation requirements under this subsection must be accomplished within one year or 2 growing seasons after a development project is complete.

Planned Unit Developments; Other Staged Development. Notwithstanding any other provision of this Section, the Planning Board may allow any afforestation or reforestation requirement for a planned unit development to be calculated and satisfied within the total area covered by the development plan, floating zone plan, sketch plan, or project plan instead of the net tract area. Similarly, the Planning Board may allow any afforestation or reforestation requirement applicable to a staged development subject to a single preliminary plan of subdivision but with separate site plan reviews for each stage to be calculated and satisfied using the total area covered by the preliminary plan of subdivision.

General. Any site developed in an agricultural and resource area, any planned unit development, any site developed under a cluster or other optional method of development in a one-family residential zone, and any waiver from a zoning requirement for environmental reasons, must include a minimum amount of forest on-site as part of meeting its total forest conservation requirement.

Retention, reforestation and afforestation. Forest retention should be maximized where possible on each site listed in this subsection. At a minimum, on-site forest retention, and in some cases reforestation and afforestation, must be required as follows:

If the Planning Board or Planning Director, as appropriate, finds that forest retention required in this subsection is not possible, the applicant must provide the maximum possible on-site retention and must meet the balance of the remaining requirement through any combination of on-site or off-site reforestation or afforestation.

Retention, reforestation, and afforestation must adhere to the priorities and sequence established in subsections (b) and (e).

the off-site reforestation and afforestation requirements are less than 0.5 acre, and the Planning Board or Planning Director, as appropriate, finds that:

Maintenance agreement. A forest conservation plan must include a 5-year binding agreement for maintenance of all planted forest conservation areas, including areas of afforestation, reforestation, as well as any required mitigation plantings. A forest conservation plan may require a 5-year binding agreement for maintenance of existing forest to be retained to ensure long-term health of forest stands. For park property with an approved mission and established stewardship practices including conservation and forest management plans, a maintenance agreement for existing forest is not required. A person subject to the binding agreement may request that the binding agreement be reduced to 3 years if the forest conservation inspector finds that the agreement has been fulfilled, unless the forest conservation plan is within a special protection area. If the forest conservation plan is within a special protection area, the binding maintenance agreement must be for a minimum of 5 years and may not be reduced. The binding maintenance agreement may include watering (as practical), feeding, non-native invasive plant control, and replanting of areas to be afforested or reforested. A maintenance agreement may also be required for non-native invasive plant control of forest edge or for control of non-native invasive species in adjacent areas that may impact forest conservation. The binding agreement for maintenance starts upon satisfactory inspection of the plantings or maintenance required under the forest conservation plan. A staged project may have more than one agreement.

Long-term protective measures. A forest conservation plan must include appropriate measures for the protection of conservation areas; limitations on the use of these areas consistent with conservation and management practices; and legal instruments such as conservation easements, deed restrictions, covenants, and other agreements, as necessary.

Security required. Except as provided in paragraph (8) of this subsection, an approved financial security instrument must be required to ensure:

Preferred form. The preferred financial security instruments are an irrevocable letter of credit or a cash bond for a minimum of 5 years that may be reduced to 3 years upon request by the person subject to the binding maintenance agreement if the forest conservation inspector finds that the binding maintenance agreement has been fulfilled, unless the forest conservation plan is within a special protection area. If the forest conservation plan is within a special protection area, the financial security must be for a minimum of 5 years and may not be reduced. The letter of credit must expressly state that the total sum is guaranteed to be available and payable on demand directly to the Maryland-National Capital Park and Planning Commission in the event of forfeiture. A certificate of guarantee or a surety bond may also be used, including a bond payable to the Commission and County that additionally guarantees completion of public improvements associated with the proposed development. The financial security instrument must be made payable to the Commission and must be of a form and content satisfactory to the Commission and its legal counsel.

When required. The financial security instrument must be provided prior to any land disturbing activity, as defined in Section 22A-3, occurring on a section of the tract subject to the forest conservation plan.

Amount required.

Release. The financial security instrument must be in effect until all requirements have been fulfilled to the satisfaction of the Planning Director. The instrument may provide for the partial release or return of the instrument based on successful implementation of phases of the forest conservation plan.

Events of forfeiture. The financial security instrument may be subject to forfeiture on:

Forfeiture proceedings.

Exception. This subsection does not apply to governmental entities.

a maintenance agreement which meets the standards in subsection 22A-12(h)(1);

all information required by subsection 22A-10(c) for a forest conservation plan;

draft easements, covenants, or deed restrictions for the area included in the forest mitigation bank; and

the number of forest mitigation bank credits available for sale as either:

Before selling forest mitigation bank credits:

Credits must not be debited from a portion of a forest mitigation bank where forest planting is required until:

Credits may only be debited from forest mitigation banks that protect all or part of an existing forest to meet up to 50 percent of the afforestation or reforestation requirement.

Forest mitigation bank credits must be acquired from a forest mitigation bank within the same 8-digit watershed, as delineated by the State of Maryland, where the development activity is located. If forest mitigation bank credits are not available within the same 8-digit watershed within the County, applicants must acquire forest mitigation bank credits from a forest mitigation bank within a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA). If forest mitigation bank credits are not available within a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA), applicants may acquire forest mitigation bank credits from any approved forest mitigation bank within the County.

The forest mitigation bank credits acquired must be equal to the applicant’s off-site reforestation or afforestation requirements under the approved forest conservation plan.

The Planning Department must conduct the 7 field inspections specified in this subsection at each site.

The Planning Director must inspect each site that is subject to an approved forest conservation plan:

The Planning Director must conduct inspections under subparagraphs (A) through (C) of paragraph (2) of this subsection for a confirmed exemption from submitting a forest conservation plan.

The Planning Director must conduct inspections under subparagraphs (A) through (G) of paragraph (2) of this subsection for a plan approved under Section 22A-9.

a forest conservation plan and any associated agreement or restriction, including any easement; or

an administrative order.

In addition to any other remedy under this Article, a person who violates this Chapter, any regulation adopted under it, a forest conservation plan, or any associated agreement or restriction, including any easement, is liable for an administrative civil penalty imposed by the Planning Board. This administrative civil penalty must not exceed the rate set by the County Council by law or resolution, except as provided in paragraph (3), but must not be less than the amount specified in Section 5-1608(c) of the Natural Resources Article of the Maryland Code. Each day a violation is not corrected is a separate violation.

In determining the amount of the administrative civil penalty, or the extent of an administrative order issued by the Planning Director under Section 22A-17, the Planning Board or Planning Director must consider:

In addition to any amount set under paragraph (1), an administrative civil penalty imposed under this Section may also include an amount that equals the fair market value of any conservation easement needed to enforce any mitigation or restoration requirement under this Chapter in the area of the violation. The Planning Board may specify the acceptable methods of calculating the fair market value of a conservation easement by a regulation adopted under Section 22A-26(a).

The Planning Board must include the reasons for imposing an administrative civil penalty in its resolution adopting the administrative order.

Notice of Violation.

Administrative Citation.

Notice of Hearing.

stop the violation;

stabilize the site to comply with a reforestation plan;

stop all work at the site;

restore or reforest unlawfully cleared areas;

submit a restoration plan or forest conservation plan for the property;

place forested or reforested land under long-term protection by a conservation easement, deed restriction, covenant, or other appropriate legal instrument; or

submit a written report or plan concerning the violation.

within 5 years, an application for a development or other approval regulated by this Chapter is submitted for the tract or lot covered by the exemption; or

the person otherwise violates this Chapter or the declaration of intent.

prepare, submit, and implement a forest conservation plan;

pay an administrative civil penalty under Section 22A-16(d) for the area of forest cut or cleared under the exemption; or

both.

Appeal to Planning Board. After the Planning Director issues a written decision on a natural resource inventory/forest stand delineation, exemption from Article II, or forest conservation plan, an applicant may appeal the decision to the Planning Board within 30 days.

Hearing; decision. The Planning Board must hold a de novo hearing on the appeal. The Board must adopt a written resolution explaining its decision. For purposes of judicial review, the decision of the Planning Board is the final agency action.

Appeal. After receiving the Planning Board’s decision, an applicant may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

Notice. A citation, notice of violation, or other administrative notice issued by the Planning Director under Section 22A-16(e) or an order issued under Section 22A-17 must give the recipient the right to request, within 15 days after receiving the notice, a hearing before the Planning Board or the Board’s designee.

Hearing.

Decision. The Planning Board must inform the recipient in writing of its decision on an administrative enforcement action. The Board's decision is the final agency action for all purposes.

Appeal. After receiving the Planning Board’s decision, an aggrieved person may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

describe the special conditions peculiar to the property or other conditions which would cause the unwarranted hardship;

describe how enforcement of this Chapter will deprive the landowner of rights commonly enjoyed by others in similar areas;

verify that State water quality standards will not be violated and that a measurable degradation in water quality will not occur as a result of granting the variance; and

provide any other information appropriate to support the request.

The Planning Director must send a copy of each variance request related to Section 22A-12(b)(3)(A) or (B) to the County Arborist and any other appropriate agency for a written recommendation before the Board acts on the request.

The Planning Director may send a copy of each variance request related to Section 22A-12(b)(3)(C) to the County Arborist and any other appropriate agency for a written recommendation before the Board acts on the request.

If a recommendation on the variance is not submitted to the Planning Board, or Planning Director, as appropriate, within 10 days after the referral, the recommendation must be presumed to be favorable.

will confer on the applicant a special privilege that would be denied to other applicants;

is based on conditions or circumstances which result from the actions by the applicant;

is based on a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; or

will violate State water quality standards or cause measurable degradation in water quality.

2:1, if the reforestation is occurring within the same 8-digit watershed as the project or a priority 8-digit watershed under Section 22A-12(c); or

2 ½:1, if the reforestation is occurring within the County outside of the same 8-digit watershed and outside of a priority 8-digit watershed under Section 22A-12(c).

Notice of a pending variance request must be given to the Department of Natural Resources within 15 days of receipt of a request for a variance.

The Department of Natural Resources may initiate or intervene in an administrative, judicial or other original proceeding or appeal in the State concerning an approval of a variance.

preparing and evaluating a forest stand delineation and natural resource inventory;

preparing and evaluating a forest conservation plan, including priorities for forest retention, reforestation, and afforestation, and a recommended tree species list;

providing forest or tree protective measures during and after clearing or construction, including planting, tree relocation, and maintenance;

monitoring and enforcement of forest conservation plans; and

other appropriate guidance for program requirements consistent with this Chapter and the regulations.

develop a comprehensive County conservation and management strategy, including programs designed to promote afforestation and reforestation in the County, and the survival of historic trees and any endangered tree species;

advise the County Executive and County Council on the effectiveness of County programs for controlling tree pests and diseases;

review and approve proposed commercial logging and timber harvesting operations under Article II;

review variance requests and reports under Article II;

provide liaison with citizens and businesses on forest and tree conservation issues and develop appropriate mechanisms for public input on conservation strategies; and

any other duties required by law or assigned by the County Executive.

The Committee has 9 public members. The public members should include:

The Executive must designate a staff member from each of the following departments to serve as an ex officio member:

The Executive must invite a representative from each of the following agencies to serve as an ex officio member:

The term of each member is 3 years and expires on December 31. After an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

All members of the Committee are voting members.

Each January, the Executive may designate a chair and vice-chair from among the Committee’s public members to serve a 1-year term. If the County Executive does not designate a chair or vice-chair by February 15, the Committee members must select a chair and vice-chair.

The Committee meets at the call of the Chair. The Committee must meet as often as necessary to perform its duties, but not less than 6 times each year.

A member must serve without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

advise the Executive, Council, Planning Board, and any other relevant agency, on forestry policy issues;

propose to the Executive, Council, Planning Board, and any other relevant agency, proactive forestry policies, laws, and guidelines;

recommend a comprehensive approach to urban forestry;

advise on a tree inventory;

review and comment on policies and programs related to forestry;

promote and seek funding for a sustained forestry program;

promote and foster a strong sense of community through urban forestry;

communicate with other boards, agencies, and community residents about forestry issues; and

promote volunteerism and act as a general information resource.