(a) Regulations. Except as otherwise provided, the County Executive must adopt regulations, including a technical manual, to administer this Chapter, under Method 2. (b) Technical manual. The technical manual must include guidance and methods to: (1) preserve trees onsite where possible; (2) identify, map, and evaluate the suitability of planting site locations, including acceptable shapes of open surface areas and the use of County rights-of-way; (3) identify criteria for acceptable species, sizes, and health of newly planted shade trees; (4) identify criteria for acceptable installation techniques; and (5) otherwise comply with program requirements, consistent with this Chapter and applicable regulations. (c) Administrative fee. The County Executive may, by Method 2 regulation, adopt a schedule of fees to administer this Chapter. (d) 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. (e) 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. (f) 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. (g) 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: (1) tree canopy goals for the County; and (2) a comprehensive strategy to increase the number of trees planted in the County.

(a) 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. (b) 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. (c) 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. (d) Plantings. (1) Shade trees native to the Piedmont area of the County should be used, if feasible, to meet the mitigation requirements of this Chapter. (2) The planting of shade trees under this Chapter must occur in the subwatershed where the project is located, if feasible. Otherwise the shade trees may be planted anywhere in the County. (3) In planting trees under this paragraph, the assigned Department must give highest priority to those areas of the County, such as central business districts and other urban and suburban areas, that have relatively low tree canopy coverage.

(a) 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. (b) 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.