This Chapter may be cited as the Montgomery County Tree Canopy Law.

(a) 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. (b) Purpose. The purposes of this Chapter are to: (1) save, maintain, and establish tree canopy for the benefit of County residents and future generations; and (2) provide for mitigation when environmental resources, including trees and potential growing space for shade trees, are lost or disturbed as a result of development, by establishing: (A) shade tree planting requirements and standards; and (B) a program to plant shade trees, including planting individual trees or groups of trees, on private and public property.

In this Chapter, the following terms have the meanings indicated: Department means the Department of Permitting Services. Director means the Director of the Department of Permitting Services or the Director’s designee. Limits of disturbance means a clearly designated area where land disturbance is expected to occur. Person means: (1) 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; (2) an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; (3) any partnership, firm, common ownership community or other homeowners’ association, public or private corporation, or an affiliate or subsidiary of any of them; or (4) any other entity. Public utility means any water company, sewage disposal company, electric company, gas company, telephone company, or cable service provider. Sediment control permit means a permit required to be obtained for certain land disturbing activities under Chapter 19. Shade tree means a tree of large stature that is capable of growing to heights greater than 50 feet. Site means any tract, lot, or parcel of land, or combination of tracts, lots, or parcels of land, under a single ownership, or contiguous and under diverse ownership. Subwatershed means the total drainage area contributing runoff to a single point, and generally refers to the 8-digit hydrologic unit codes. Technical Manual means a detailed guidance document that may be adopted under Section 55-9 and used to administer this Chapter. Tree canopy means the area covered by the crown of one or more trees. Tree Canopy Conservation Account means a special account maintained by the County to be used as specified in Section 55-10.

Except as otherwise provided in Section 55-5, this Chapter applies to any person required by law to obtain a sediment control permit.

This Chapter does not apply to: (a) any activity that is subject to Article II of Chapter 22A; (b) any commercial logging or timber harvesting operation with an approved exemption under Article II of Chapter 22A; (c) any tree nursery activity approved under Section 19-48; (d) 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: (1) the person cutting or clearing the trees has obtained a certificate of public convenience and necessity required under Sections 7-207 and 7-208 of the Public Utilities Article; and (2) the cutting or clearing of forest or tree canopy minimizes the loss of both; (e) 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; (f) any activity conducted by the County Parks Department; (g) 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; (h) any stream restoration project if the person performing the work obtained all necessary permits; (i) 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; (j) any public use airport’s obligation to pay fees under subsection 55-6(d); (k) cutting or clearing any tree to comply with any applicable federal, state, or local law governing the safety of dams; (l) any development activity permitted as a small land disturbing activity under Section 19-5B; or (m) any non-coal surface mining conducted under applicable state law.