Chapter 55. TREE CANOPY.

Findings. The County Council finds that it is in the public interest to offset the environmental impacts of development and address the loss of environmental resources, including trees and potential growing space for shade trees, and conserve tree canopy throughout the County. Trees and tree canopy constitute important environmental resources. Trees cleanse the air, offset the heat island effects of urban development, reduce energy needs, and provide oxygen. They improve the quality of life in communities by providing for a greater sense of well-being and increasing esthetic appeal and compatibility between different land uses. Trees filter groundwater, reduce surface runoff and soil erosion, help alleviate flooding, and supply necessary habitat for a diversity of wildlife. The Council finds that the damage to or loss of environmental resources as a result of development and other land disturbing activities is a serious problem in the County, and that establishing shade trees and tree canopy helps mitigate these losses and increase the diversity of species and age classes of trees. The Council finds that, given the expected survival rate of newly planted shade trees, at least 3 new shade trees should be planted to produce the canopy coverage of one mature shade tree.

Purpose. The purposes of this Chapter are to:

to the extent allowed by law, any agency or instrument of the federal government, the state, any county, municipality, or other political subdivision of the state, or a unit of any of them;

an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind;

any partnership, firm, common ownership community or other homeowners’ association, public or private corporation, or an affiliate or subsidiary of any of them; or

any other entity.

any activity that is subject to Article II of Chapter 22A;

any commercial logging or timber harvesting operation with an approved exemption under Article II of Chapter 22A;

any tree nursery activity approved under Section 19-48;

cutting or clearing trees in a public utility right-of-way for the construction or modification of electric generation facilities approved under the Maryland Code Public Utilities Article if:

routine maintenance of a public utility right-of-way, and cutting or clearing any tree by a public utility as necessary to comply with applicable vegetation management requirements, to maintain, repair, replace, or upgrade any public utility transmission or distribution line, or for a new transmission or distribution line;

any activity conducted by the County Parks Department;

routine or emergency maintenance of an existing stormwater management facility, including an existing access road, if the person performing the maintenance obtained all required permits;

any stream restoration project if the person performing the work obtained all necessary permits;

cutting or clearing any tree by an existing airport currently operating with all applicable permits to comply with applicable provisions of any federal law or regulation governing the obstruction of navigable airspace;

any public use airport’s obligation to pay fees under subsection 55-6(d);

cutting or clearing any tree to comply with any applicable federal, state, or local law governing the safety of dams;

any development activity permitted as a small land disturbing activity under Section 19-5B; or

any non-coal surface mining conducted under applicable state law.

Alternatives. An applicant for a sediment control permit must plant shade trees on the affected property or, if the applicant opts not to plant the required number of trees, pay a fee under subsection (d).

Quantity. The number of shade trees required to be planted under this Section must be based on the square footage of the area in the limits of disturbance.

Planting. Each planting of shade trees under this Section must conform to the following requirements:

Fees.

Required submissions. A person subject to this Chapter must submit to the Director the following information with each application for a sediment control permit:

Qualification of preparer. A professional engineer, land surveyor, architect, or other person qualified to certify an erosion and sediment control plan under Chapter 19 is also qualified to submit the information required under this Chapter.

Incomplete submissions. The Director must not accept an incomplete submission.

Review of submissions. Each submission required under this Chapter must be reviewed along with any submission required under Article I of Chapter 19.

Coordination of review. The Director may coordinate the review of any information submitted under subsection (a) with one or more other agencies as appropriate. If the Director coordinates the review with other agencies, the reviews must be performed concurrently and in accordance with any review coordination required under Chapter 19.

Issuance of sediment control permit. The Director must not issue a sediment control permit to a person that is subject to this Chapter until:

Validity period. An approved shade tree planting plan remains valid for the length of the associated sediment control permit.

Application requirement. To prevent circumvention of this Chapter, the Director may require a person to apply for a sediment control permit if that person limits the removal of tree canopy or limits land disturbing or construction activities below the requirements for a sediment control permit and within the next 10 years disturbs additional tree canopy or land on the same property, or conducts other activities, such that in the aggregate a sediment control permit would have been required.

Permission to gain access. The Director may enter any property permitted under this Chapter to inspect the property and enforce this Chapter while the permit is in effect.

Plan to be on site; field markings. A copy of the approved limits of disturbance, including planting locations and minimum open surface areas, must be available on the site for inspection by the Director. Field markings must exist on site before and during installation of all newly planted shade trees, sediment and erosion control measures, construction, or other land disturbing activities.

Inspections. The Director must conduct field inspections for any activity subject to this Chapter along with any inspection required for a sediment control permit under Article I of Chapter 19. The Director may authorize additional inspections or meetings as necessary to administer this Chapter.

Timing of inspections. The inspections required under this Section must occur after all construction activities are completed to determine the level of compliance with shade tree planting requirements.

Regulations. Except as otherwise provided, the County Executive must adopt regulations, including a technical manual, to administer this Chapter, under Method 2.

Technical manual. The technical manual must include guidance and methods to:

Administrative fee. The County Executive may, by Method 2 regulation, adopt a schedule of fees to administer this Chapter.

Reports. On or before March 1 of each year, the Directors of Permitting Services and Environmental Protection must jointly submit an annual report on the County shade tree planting program to the County Council and County Executive.

Comprehensive planting plan. The Director of Environmental Protection must adopt and maintain a comprehensive County-wide shade tree planting plan to specify appropriate uses for funds in the Tree Canopy Conservation Account. The Director should develop the plan after consulting other County agencies and the Planning Department.

Survival and mortality analysis. The Department of Environmental Protection must collect data on shade trees planted under this Chapter, and those planted under other programs, to evaluate and provide guidance to the County’s tree canopy programs.

Tree canopy plan. The Director of Environmental Protection, after consulting other County agencies, the Planning Department, the Forest Conservation Advisory Committee, organizations representing development and environmental interests, and the public, must propose to the Executive and Council recommendations regarding:

Established. A Department assigned by the Executive must create a County Tree Canopy Conservation Account. The Account must be used as provided in this Chapter and the adopted operating budget.

Use of funds. The assigned Department must use funds deposited in the Tree Canopy Conservation Account only to plant and maintain shade trees, including costs directly related to site identification, preparation, and other activities that increase tree canopy. Funds deposited into the Account must not revert to the General Fund and must not be used to hire additional County staff or to supplant funds otherwise appropriated to plant and maintain shade trees and enhance tree canopy.

Fines. Any fine collected for noncompliance with shade tree planting requirements must be deposited in a separate account in the Tree Canopy Conservation Account and must be used to administer this Chapter.

Plantings.

Compliance. The Director may issue a notice of violation, corrective order, stop-work order, or civil citation to any person that causes or allows a violation of this Chapter.

Civil penalty. A violation of this Chapter is a Class A violation. The maximum civil penalty for any violation of this Chapter or any regulation adopted under this Chapter is $1,000. Each day that a violation continues is a separate offense.