Sec. 25-119. Applicability
Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.
Prince George's County, Md., Code § 25-119 (2026)
Sec. 25-119. ApplicabilityLinkCopy Citation
(a)
General
(1)
Except as provided in (b) below, this Woodland and Wildlife Habitat Conservation Division applies to:
(A)
All DRD applications and grading permit applications, excluding applications which propose residential construction activity resulting in the disturbance of less than 10,000 square feet of woodlands on a single lot of any size or linear project that do not have a previously approved and valid TCP;
(B)
All activities by a public utility;
(C)
All activities of a unit of County or municipal government; and
(D)
All activities delegated to the local jurisdiction by the State.
(2)
DRD applications shall include a Standard Letter of Exemption or the proper type of tree conservation plans (TCPs) as follows:
(A)
DRD Applications for a Conceptual Site Plan, a Preliminary Plan of Subdivision, or other conceptual plans shall include a Type 1 Tree Conservation Plan (TCP1) or a Standard Letter of Exemption.
(B)
DRD applications for a Detailed Site Plan (including Minor and Major Detailed Site Plans), grading permit or other similarly detailed plans shall include a Type 2 Tree Conservation Plan (TCP2) or a Standard Letter of Exemption. If a site requires approval of a TCP2 with an associated DRD application, the TCP2 shall not be reviewed independently of the associated DRD application.
(C)
DRD applications for a Special Exception shall include:
(i)
a TCP1 unless the special exception site plan will be used for grading permitting, or
(ii)
if there is an associated grading permit plan and no associated subdivision application is required, a TCP2 is required
(D)
If a DRD application requires approval of a TCP1 or TCP2, the TCP shall be approved by the body with authority to approve the DRD application.
(E)
If a site requires approval of a TCP2 with an associated DRD application, the TCP2 shall not be reviewed independently of the associated plan.
(3)
Permit applications shall include a Letter of Exemption or the proper type of tree conservation plan (TCPs) as follows:
(A)
A TCP2 that was approved as a companion to an approved DRD application, or
(B)
A permit application not subject to a DRD approval, a stand-alone TCP2 approved by the Planning Director shall be required, or
(C)
A permit application for a revision to an approved TCP2 where a revision to the approved DRD application is not required, a stand-alone TCP2 shall be required, or
(D)
A TCP1 is approved as a companion to an approved DRD application but no subsequent DRD approved is not required, a stand-alone TCP2 is required, or
(E)
A state level forest conservation approval, or
(F)
A Letter of Exemption is required.
(4)
All plans and associated information shall be prepared in conformance with the Technical Manual.
(5)
All submittals required by this Division shall be prepared by a qualified professional and shall contain a stamp or certification from the qualified professional who prepared the plans and the plans shall contain an original signature and date applied by the preparer. If there are three documented cases of plan submittals that do not meet the minimum threshold requirements for submittal in conformance with this Division and the Technical Manual within a time frame of one year, the Planning Director may recommend to the Maryland Department of Natural Resources that a qualified professional's ability to submit plans under this Division be suspended.
(6)
All land that has an approved TCP associated with it is subject to the notice requirements as defined in Subtitle 2, Sec. 2-162.01(e) of the County Code. At time of contract signing, the seller of any land subject to a TCP shall provide the buyer with a copy of the approved plan.
(7)
Within thirty (30) days from receipt of an application for a proposed TCP, the applicant shall be notified whether the application is complete. This deadline may be extended at the discretion of the Planning Director for good cause.
(8)
A Forest Stand Delineation (FSD), Natural Resource Inventory (NRI), or a TCP may be revoked by the Planning Director for good cause including, but not limited to, violation of conditions of the plan, obtaining a plan approval by misrepresentation of a material fact, failing to disclose a relevant or material fact, or a material change in conditions. The applicant, the holder of any permit issued pursuant to approval of the TCP, and the property owner shall be notified of the revocation in writing. Within thirty (30) days of the date of such notice, a hearing before the Planning Board may be requested by the applicant, permit holders, or property owner.
(9)
Proposed woodland conservation areas, either on-site, or off-site, shall be free of any previous encumbrance which is not consistent with the requirements of this Division including, but not limited to, easements which specifically protect woodlands for another purpose, utility easements, approved TCPs for other development, deed restrictions, and declarations of covenants for woodland conservation banking, prior to encumbering the area to fulfill on-site woodland conservation requirements or as an off-site woodland conservation bank. Property that is subject to an agricultural preservation easement shall not be precluded from having a woodland conservation easement.
(b)
Exemptions from this Division
(1)
General
(A)
All DRD applications and grading permit applications for land inside of the Chesapeake Bay Critical Area.
(B)
Trimming, planting or removal of trees in the public right-of-way which require a permit in accordance with the Maryland Roadside Tree Care Law is required.
(C)
An agricultural activity that does not result in a change in land use category and the construction and use of agricultural support structures built using accepted best management practices;
(D)
Forest Management subject to compliance requirements in Section 25-124.
(E)
Mandatory Referrals are exempt from this Division but may be subject to this Division at time of grading permit.
(2)
Modified Exemptions
(A)
For certain applications that have to perform some but not all requirements in this Division. These applicants can apply for the following:
(i)
Any stream restoration project for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least 5 years with the affected property owner and the activity:
(aa)
Avoids and minimizes impacts to forests and provides for replanting on-site an equivalent number of trees to the number removed by the project;
(bb)
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;
(cc)
Is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with proposed development activity; and
(dd)
Requires a plan to demonstrate compliance with this subsection and tree replacement requirements in accordance with the Technical Manual.
(ii)
Transit-Oriented Center projects for which the area of forest removed shall meet the woodland conservation thresholds and replacement requirements in accordance with Section 25-121 Table 1 and 2 and in accordance with the Technical Manual.
(iii)
When public utility projects exempted under the Forest Conservation Act are proposed as described below, they are considered exempt from this Division and a Letter of Exemption is not required. When this work occurs on a site where the affected woodlands have been used to meet a requirement of this Division, then the TCP for that site shall be revised to show the impacts and address woodland conservation requirements.
(aa)
The cutting or clearing of public utility rights-of-way licensed under Public Utility Companies, §§ 7-207 and 7-208 or 7-205, Annotated Code of Maryland, for electric generating stations licensed under Public Utility Companies, §§ 7-207 and 7-208 or 7-205, Annotated Code of Maryland, if:
(I)
Required certificates of public convenience and necessity have been issued in accordance with Natural Resources Article, § 5-1603(f), Annotated Code of Maryland; and
(II)
Cutting or clearing of the woodlands is conducted to minimize the loss of woodlands.
(bb)
Routine maintenance or emergency repairs of public utility rights-of-way licensed under Public Utility Companies, §§ 7-207 and 7-208 or 7-205, Annotated Code of Maryland.
(3)
If a Letter of Exemption is required:
(A)
The Planning Director shall issue it prior to the submission of any DRD application requiring a review for conformance with this Division.
(B)
Requests for Letters of Exemption shall be made by the submission of an application package to the Planning Director. All application packages shall include an application form, a check for the appropriate fee made payable to the Maryland-National Capital Park and Planning Commission and a plan drawn to scale and signed by a professional engineer, land surveyor, landscape architect or qualified professional showing sufficient information so that a determination can be made regarding the exemption status. A Simplified FSD may be required to be submitted if the information submitted is not sufficient to make a determination regarding the exemption status of an application.
(C)
A letter either granting or denying the exemption shall be issued within 20 calendar days of acceptance of a complete application package.
(D)
Letters of Exemption are valid for five years from date of issuance. If the associated DRD application approval or grading permit expires, the Letter of Exemption also expires.
(E)
Letters of Exemption cannot be issued for properties that have a previously approved and valid TCP, unless the TCP has expired as per Section 25-119(c )(2).
(F)
If an application is revised to include additional lots or parcels the exemption status shall be re-evaluated.
(4)
If an activity occurs on the property covered by a Letter of Exemption that results in the exemption no longer being valid:
(A)
The exemption is considered null and void and a TCP shall be required as appropriate; and
(B)
Enforcement action may be taken by the County.
(5)
Standard Letters of Exemption
(A)
A Standard Letter of Exemption shall be issued when a lot or parcel or combination of lots and parcels is less than 40,000 square feet in area.
(B)
A Standard Letter of Exemption shall be issued when a lot or parcel or combination of lots and parcels of any size has less than 10,000 square feet of woodland and is not subject to a previously approved TCP. If a lot or parcel that was determined to be exempt using this provision becomes reforested to the point where more than 10,000 square feet of woodlands exist prior to issuance of a grading permit, the exemption may be revoked by the Planning Director or their designee.
(C)
A Standard Letter of Exemption is not required to be issued when the proposed activities are within the Chesapeake Bay Critical Area because activities within the Critical Area are subject to Subtitle 5B. If a portion of a property is outside the Critical Area, that portion of the property shall be evaluated for conformance with this Division.
(D)
A Standard Letter of Exemption shall be issued for any property that will be reviewed by the State of Maryland Department of Natural Resources. These properties include, but are not limited to, land owned by the State of Maryland. A letter from the State of Maryland Department of Natural Resources stating that they are taking jurisdiction over the review of a project shall be provided with any application package. The Standard Letter of Exemption and the state approved Forest Conservation Plan shall accompany all local DRD applications and grading permit applications.
(E)
A Standard Letter of Exemption may be issued when local government projects utilizing state funds are proposed and a letter from the State of Maryland Department of Natural Resources is provided stating that they will be reviewing the project.
(F)
A Standard Letter of Exemption may be issued when a proposal is submitted that shows the minimum cutting or clearing of trees or woodlands necessary in compliance with the requirements of 14 C.F.R. § 77.25 relating to objects affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation.
(6)
A Numbered Letter of Exemption may be issued when an activity or series of activities results in the cumulative disturbance of less than 5,000 square feet of woodland during a five-year period on a site that otherwise would be subject to this Division. A Numbered Letter of Exemption is issued so that the site can be tracked and mapped over the five-year period to ensure that the cumulative disturbance is less than 5,000 square feet.
(A)
A Numbered Letter of Exemption shall not be issued for properties that are required to submit a DRD application as part of the process for the activity proposed.
(B)
A Numbered Letter of Exemption may be issued for linear projects that disturb less than 20,000 square feet of woodland if any of the land involved is not subject to a previously approved TCP. Linear projects that disturb less than 20,000 square feet of woodland are exempt and may obtain a Numbered Exemption Letter if none of the associated properties are subject to a previously approved TCP.
(7)
A Numbered Letter of Exemption may be issued when commercial logging and forest harvesting operations are proposed on properties in the Reserved Open Space (ROS), Agricultural-Residential (AR), Residential Estate (RE), and the Residential, Rural (RR) Zones provided that the paragraphs (A) and (B) below have been addressed. If a permit other than a harvesting permit is applied for on the same portion of the property within five years of the exemption approval, a TCP shall be required and the exemption for harvesting shall be considered null and void.
(A)
The Letter of Exemption application shall include an executed Declaration of Intent as provided for in Section 25-118 of this Division. The Declaration must be filed with and approved by the County; and
(B)
The Letter of Exemption application shall include an approved Forest Management Plan for the entire tract.
(c)
Plan Review and Conformance
(1)
The approval authority for TCPs is the same as that of the associated DRD application. If there is no associated DRD application, the Planning Director is the approving authority.
(A)
If a TCP1 has been approved for a site, all subsequent TCP2 plans must be in conformance with the TCP1.
(2)
If the TCP2 is to be approved by the Planning Board, conformance with the TCP1, if applicable, shall be determined by the Planning Board.
(3)
If a TCP2 is to be approved by the Planning Director, it shall be in conformance with this Division, and in conformance with the TCP1, if applicable,
(4)
For TCP minor and major revisions:
(A)
The following criteria constitutes a minor revision:
(i)
The proposed TCP continues to meet all required elements of this Division.
(ii)
The TCP does not affect lots or parcels already sold to builders or homeowners.
(iii)
Revisions requested by builders or homeowners for single lots or parcels.
(iv)
The proposed change:
(aa)
Is a revision as a result from governmental requirements as further defined in the Technical Manual; or
(bb)
Does not reduce the total woodland conservation on the site by the greater of 5,000 square feet or 5 percent (not to exceed five (5) acres) of the area of on-site woodland conservation originally approved; and
(cc)
Does not change the location or type of woodland conservation by the greater of 10,000 square feet or 10% of the area of woodland conservation originally approved; and
(dd)
Does not adversely affect specimen, champion or historic trees specifically identified for preservation.
(B)
For TCP major revisions:
(i)
If a criterion in (A) above cannot be met, the TCP shall be duly advertised and the approval authority becomes the Planning Board and shall comply with the current regulations of this Division.
(C)
If no TCP1 exists and one is not required, each TCP2 shall comply with the current regulations of this Division.
(5)
Written notice shall be mailed for TCP applications in accordance with the following:
(A)
For TCP applications that are companion to a DRD application that requires notification, a notification shall state that a TCP will be reviewed concurrently with the DRD application. The applicable mailing, signage, and opportunity to provide written or verbal comment shall follow the processes and procedures required by the associated DRD application. If the DRD does not require notification, the notification process will be in accordance with Subsection 25-119(c)(5)(B).
(B)
For those stand-alone TCP applications that are not associated with a DRD application and are proposing clearing, written notice shall be mailed to the parties listed in Subsection 27-3407(b)(1) of the Zoning Ordinance for Detailed Site Plans at least 20 days before the TCP is approved and the parties notified shall be advised of the process for providing written comments. If the application proposes clearing of 50% or more of woodland and the net tract area is four (4) acres or more, the parties notified shall be advised of the process for providing written and verbal comments.
(6)
Plan validity requirements are as follows:
(A)
TCP1s expire if the associated plan expires.
(B)
An application for a TCP2 approved on or after July 1, 2024, shall be valid for 5 years from the date of approval unless a grading permit has been issued.
(C)
Once a grading permit has been issued, TCP2s do not expire, and the requirements run with the land in perpetuity until an approved revision to the TCP2 is acquired.
(D)
Plans that are grandfathered are subject to the expiration provisions stated in Subsections 25-119(g) and (h).
(7)
TCPs shall be prepared in conformance with the Technical Manual.
(8)
TCPs must include the legal boundaries of all lots or parcels in their entirety unless they are government or linear in nature. For linear projects, refer to Section 25-119(f) for the requirements. For government projects, refer to Section 25-119(e) for the requirements. TCPs shall include the same property as the associated application, unless a previous TCP approval covered a larger area or a larger area is warranted by supporting development on an adjacent lot, parcel or combination of lots or parcels.
(9)
TCP2s shall not be approved separately for sites that are either currently under review for a DRD application or that require the submittal of a DRD application prior to development.
(d)
Variances
(1)
An applicant may request a variance from this Division as part of the review of a TCP where owing to special features of the site or other circumstances, implementation of this Division would result in unwarranted hardship to an applicant.
(2)
An applicant shall request a variance from Section 25-122(b)(1)(G) and (H) as part of the review of the TCP when:
(A)
Specimen trees, champion trees and trees that are part of a historic site or are associated with a historic structure are impacted or removed; or
(B)
Trees, plants, and vegetation identified on the national or state list of rare, threatened, and endangered lists are impacted or removed.
(3)
To approve a variance, the approving authority shall find that:
(A)
Special conditions peculiar to the property have caused the unwarranted hardship;
(B)
Enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas;
(C)
Granting the variance will not confer on the applicant a special privilege that would be denied to other applicants;
(D)
The request is not based on conditions or circumstances which are the result of actions by the applicant;
(E)
The request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; and
(F)
Granting of the variance will not adversely affect water quality.
(4)
Notice of a request for a variance shall be given to the State of Maryland Department of Natural Resources within 15 days of receipt of a request for a variance.
(5)
Variances shall be approved by the Planning Board, Zoning Hearing Examiner, and/or the District Council for all TCPs that are associated with DRD applications heard by them. The Planning Director may approve variances for TCPs that are not associated with DRD applications heard by the Planning Board, Zoning Hearing Examiner and/or the District Council. The Planning Director's decisions are appealable to the Planning Board.
(6)
Variances under this Subtitle are not considered zoning variances.
(7)
Replacement for the removal of specimen or historic trees
(A)
If the applicant is granted a variance to remove trees identified as a priority for retention in 25-119 (d)(5), the removal of a specimen tree or historic trees shall be subject to replacement requirements identified in the Technical Manual.
(B)
The replacement requirements of a Specimen or Historic Tree shall be separate and apart from any other planting requirements. If the applicant has demonstrated that it cannot meet the replacement requirement pursuant to Section 25-119(d)(7)(A) and the Technical Manual, the applicant shall pay a fee-in-lieu into the Specimen and Historic Tree Fund based upon the tree replacement requirement determined by the diameter of the Specimen or Historic Tree(s) subject to removal.
(e)
Government Projects
(1)
The following types of governments projects shall be reviewed and enforced by the Maryland Department of Natural Resources: federal and state government projects, projects on federal and state-owned land, linear projects which cross multiple counties, and public utility projects including but not limited to utility projects conducted by and approved by the Washington Suburban Sanitary Commission. The County will review these types of projects only if specific written direction is provided by the State of Maryland Department of Natural Resources.
(2)
The following types of government development activities shall be reviewed and enforced at the County level with notification being provided by the applicant to the Maryland Department of Natural Resources Forest Service: public school projects; Maryland-National Capital Park and Planning Commission projects; County Department of Public Works and Transportation projects; County Department of Environment projects; state funded parks and recreation projects; County stormwater management projects; and any other County or municipal projects. The Maryland Department of Natural Resources will review these types of projects if requested by the County or if the project has state-wide impacts on significant forest resources and the state agrees to take jurisdiction over the review.
(A)
Applications for the project types listed in (2) above shall include an FSD or an approved NRI.
(B)
The applications shall be in conformance with this Division.
(C)
The TCP shall provide calculations as described in the Technical Manual.
(3)
Government projects that use fee-in-lieu may utilize the fee-in-lieu rates in effect at the state level at the time of plan approval.
(4)
Maintenance or retrofitting of a stormwater management structure that may include clearing of vegetation or removal and trimming of trees, so long as the maintenance or retrofitting is within the approved TCP limits of disturbance for construction of the existing structure, or within any maintenance easement for access to the structure shall be exempt.
(f)
Linear Projects
(1)
Linear projects that are not otherwise exempt from this Division shall submit a TCP2 depicting the area of work and all other information required on a TCP2.
(A)
Linear projects are not required to show the full boundaries of all of the affected parcels or lots.
(B)
Linear projects shall submit a Simplified Forest Stand Delineation for that area of the subject properties where the project work will be performed.
(C)
Linear projects that disturb less than 20,000 square feet of woodland are exempt and may obtain a Numbered Exemption Letter if none of the associated properties are subject to a previously approved TCP. If not exempt, then the linear project shall meet the requirements of this Section.
(D)
Woodland conservation replacement requirement shall be provided at a ratio of one acre of woodland conservation for each acre of woodland disturbed. The requirement shall be met using the same priorities as listed in Section 25-121 of this Division.
(E)
If previously approved TCPs are affected by linear projects, the TCPs shall be revised accordingly prior to approval of the permit for the associated construction.
(g)
Grandfathering of Applications and Plans
(1)
In this subsection and (h), the following term has the meaning indicated. Implementation or implemented shall be defined as: the issuance of a grading permit for at least twenty-five percent (25%) of the land area within the associated TCP, completion of a pre-construction meeting with the applicable permitting agency, and installation of tree protective devices verified by a qualified professional.
(2)
TCP applications that are accepted for review on or before June 30, 2024 shall be grandfathered and shall be subject to the regulations in place at the time of acceptance. Plans that are grandfathered are subject to the expiration provisions of this Division.
(3)
A project with an approved TCP that was approved on or before June 30, 2024 and has been implemented on the property or a portion thereof as confirmed by the county permitting authority shall be grandfathered and subject to the regulation in place at the time of its acceptance.
(4)
Grandfathered TCPs shall comply with the current regulations of this Division when being revised as a major revision in accordance with Subsection 25-119(c)(4)(B). When being revised as a minor revision in accordance with Subsection 25-119(c)(4)(A), grandfathered TCPs may comply with the regulations in place at the time of acceptance of the previously approved TCP.
(5)
Applications for woodland conservation banks that were submitted before December 31, 2020 that provide for conservation of all or part of an existing forest shall be grandfathered.
(6)
Standard and Numbered Letters of Exemption which were valid as of June 30, 2024, shall remain valid until June 30, 2026, on which date the exemption shall expire. Projects with expired Standard and Numbered Letters of Exemption shall comply with the current regulations of this Division.
(7)
The grandfathered projects may be subject to an impact fee to ensure that funds are available to provide for retention and reforestation. A study/assessment to be performed by the Department of Environment, that will be completed by March 1, 2025 and presented to Council for legislative approval shall determine whether an impact fee may be imposed, criteria for applying to projects, process and waiver provisions. Any impact fees resulting from the study will be used to plant or retain trees in the County.
(h)
Expiration of Grandfathered Plans
(1)
A TCP that was approved prior to September 1, 2010, and has not been implemented on all or a portion of the site as confirmed by the county permitting authority expires on July 1, 2024. Any new TCP shall be reviewed and approved subject to the provisions of this Division effective July 1, 2024.
(2)
A TCP that was approved on or after September 1, 2010, and before July 1, 2024, shall be grandfathered and shall be subject to the regulations in place at the time of approval. These plans will expire on July 1, 2029 if not implemented on the property or a portion thereof as confirmed by the county permitting authority. A new TCP shall be reviewed and approved subject to the provisions of this Division.