Sec. 25-122. Methods for Meeting the Woodland and Wildlife Conservation Requirements
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 § 25-122 (2026)
Sec. 25-122. Methods for Meeting the Woodland and Wildlife Conservation RequirementsLinkCopy Citation
(a)
General
(1)
Woodland conservation shall be designed as stated in this Division unless a variance is approved by the approving authority for the associated case.
(2)
All required conservation measures shall be completed in the time period specified but no later than prior to approval of the associated building permit for the subject lot or parcel or an adjacent lot or parcel. If this is not feasible due to phasing, grading, staging or other on-site constraints, the conservation measures shall be completed prior to the issuance of any temporary or permanent use and occupancy certificate(s) for the subject phase. All timetables shall be set forth on the approved TCP.
(3)
If off-site woodland conservation is approved to meet the requirements, then the following locations shall be considered in the order listed: within the same eight-digit sub-watershed, within the same watershed, within the same river basin within Prince George's County. Applicants shall demonstrate to the Planning Director due diligence in seeking out opportunities for off-site woodland conservation locations following these priorities. All woodland conservation is required to be met within Prince George's County.
(4)
If the unforested riparian buffer planting is approved to meet the replacement requirements, the woodland conservation credit shall be at a ratio of 1:1 (one acre of conservation must be provided for each acre of requirements).
(5)
Unforested riparian buffer planting beyond that required for woodland conservation in Section 25-121 shall be placed under a woodland conservation easement and the woodland conservation credit shall be at a ratio of 1:1 (one acre of conservation for each acre of planting). Such credits in excess of the woodland conservation requirements may be utilized to meet the requirements of another TCP either on-site or off-site.
(b)
Design Criteria
(1)
The following design criteria shall be followed on all TCPs unless a variance has been approved by the appropriate approval authority per Section 25-119(d).
(A)
Land development and the associated clearing and grading shall be designed to ensure that the long-term preservation of areas designated as woodland conservation or woodlands retained but not credited thrive in perpetuity.
(B)
Conceptual building footprints and associated infrastructure including but not limited to driveways, utilities, secondary structures, parking facilities that reflect the maximum limit of disturbance for the construction of buildings shall be shown and shall include add-on building features such as sun rooms and decks.
(C)
Conceptual grading in accordance with an approved stormwater concept plan shall be shown on all TCP1s and TCP2s. Detailed grading in accordance with erosion and sediment control plan shall be shown on all TCP2s.
(D)
The limits of disturbance shown shall allow for the construction of the proposed development using standard building techniques. If special techniques are proposed to reduce clearing, those techniques must be shown on the TCP with details related to the proposed construction method and limits of disturbance. The required clearing to address the provisions of all applicable provisions of the County Code shall be shown.
(E)
Woodland conservation areas shall be designed in such a way as to ensure their survival in perpetuity. At a minimum, woodland conservation areas shall be shown no closer than:
(i)
40 feet of cleared area to the front and rear of all residential building footprints and 20 feet of cleared area to the sides of all building footprints within the subject lot or parcel. The TCP2 shall show these dimensions on all plans, including plans used for house type changes.
(ii)
10 feet from the top or bottom of retaining walls and from the rear lot lines of townhouse units or other attached buildings;
(iii)
20 feet from all sides of commercial and multifamily buildings.
(iv)
5 feet from road rights-of-way, 5 feet from travel aisles and parking areas in and adjacent to parking lots and
(v)
10 feet from areas used for truck loading, unloading, or service areas.
(F)
Woodland conservation shall not be placed on lots one (1) acre or less in size.
(G)
Specimen trees, champion trees, and trees that are part of a historic site or are associated with a historic structure shall be preserved and the design shall either preserve the critical root zone of each tree in its entirety or preserve an appropriate percentage of the critical root zone in keeping with the tree's condition and the species' ability to survive construction as provided in the Technical Manual.
(H)
Trees, shrubs, and plants identified on the list of rare, threatened, and endangered list of the U.S. Fish and Wildlife Service or the State of Maryland Department of Natural Resources shall be preserved.
(I)
Within transit-oriented centers, all woodland conservation areas including landscape areas shall be a minimum of 5,000 square feet in area. If on-site conservation areas are proposed to be less than 5,000 square feet in area, abutting off-site areas may be used to meet the 5,000 square foot minimum contiguity requirements if they have been previously protected by a TCP or other prior approved mechanism.
(J)
Outside of transit-oriented centers, all woodland conservation areas shall be a minimum of 10,000 square feet in area. If on-site conservation areas are proposed to be less than 10,000 square feet in area, abutting off-site areas may be used to meet the 10,000 square foot minimum contiguity requirements if they have been previously protected by a TCP or other prior approved mechanism.
(K)
All woodland conservation areas shall be a minimum of 50 feet in width. If less than 50 feet is proposed on-site, abutting woodlands may be used if they have been previously protected by a TCP or other prior approved mechanism, such as a conservation easement. Landscaped areas may be 35 feet in width.
(L)
Woodlands retained on lots one acre or less in size shall be counted as cleared and shall be shown on the TCP as labeled "woodland retained - assumed cleared."
(M)
Woodlands retained on lots or parcels greater than one acre in size may show woodland that is retained and not counted as cleared, if it meets the other design criteria per (I), (J) and (K) above and is labeled "woodland retained - not credited."
(N)
Woodlands retained per (L) and (M) above may be counted toward meeting the tree canopy coverage requirements of Division 3 of this Subtitle.
(O)
The following areas shall be treated as follows:
(i)
Land previously dedicated for public use shall not be counted toward meeting the requirements of this Division.
(ii)
Existing woodland within the 100-year floodplain shall not be counted toward meeting the preservation requirements. Planting in the floodplain may be credited with meeting the requirements of this Division.
(iii)
Land within all types of easements except surface drainage easements shall not be counted toward meeting the requirements and shall be counted as cleared. Surface drainage easements may be used to meet the requirements and shall not be counted as cleared unless shown as cleared on the TCP. Planting in the floodplain easement shall conform to the requirements of this Division and placed in a woodland conservation easement.
(iv)
Land currently protected by easements which specifically protect woodlands for another purpose, including but not limited to utility easements, approved TCPs for other development, deed restrictions, and declarations of covenants for woodland conservation banking, that would impair the land from being used to meet the requirements of this Division, cannot be counted toward meeting the requirements of this Division and cannot be subtracted from the gross tract area. Property that is subject to an agricultural preservation easement shall not be precluded from having a woodland conservation easement.
(v)
Land areas dedicated or to be dedicated for future road construction shall be counted as cleared if the associated development is required to construct the road. Land dedicated or to be dedicated shall not be counted toward meeting the requirements.
(vi)
Land within areas to be reserved for future road construction shall not be required to be counted as cleared and shall not be counted toward meeting the requirements.
(P)
Woodlands within proposed septic fields and septic recovery areas are required to be counted as woodland retained — assumed cleared.
(Q)
Land development shall be designed to meet the requirements of this Division on-site to the fullest extent possible unless a variance is granted pursuant to Section 25-119(d).
(c)
Conservation Method Priorities.
(1)
The recommended priorities for woodland conservation methods are as follows:
(A)
Onsite preservation and conservation of stream buffers, including the planting of unforested stream buffers.
(B)
On-site preservation of connected woodland and wildlife habitat areas using woodlands in good condition with limited amounts of invasive or exotic plants.
(C)
On-site afforestation/reforestation of connected planting areas using transplanted native stock, relocated from the site or surrounding areas.
(D)
On-site afforestation/reforestation of connected planting areas using native whip and seedling stock.
(E)
On-site specimen, champion, and historic trees when the plan has been designed to ensure long-term survival.
(F)
On-site natural regeneration of connected areas in appropriate locations containing sufficient native seed sources with appropriate protection mechanisms and long-term management.
(G)
Off-site afforestation/reforestation of connected planting areas using transplanted native stock, relocated from the site or surrounding areas.
(H)
Off-site afforestation/reforestation of connected planting areas using native whip and seedling stock.
(I)
Off-site preservation of connected woodlands.
(J)
On or off-site habitat enhancement projects to connect areas of existing woodlands that result in improved wildlife habitat and forest vigor through the removal of invasive or exotic plant species and/or planting of native plant species.
(K)
Off-site natural regeneration of connected areas in appropriate locations containing sufficient seed sources with appropriate protection mechanisms and long-term management.
(L)
On-site landscaping using native species of field grown nursery stock that establish landscaped areas a minimum of 35 feet wide and 5,000 square feet in area in transit-oriented centers. At least 50 percent of the plants in the landscaped area must be trees.
(M)
Street trees on or adjacent to the site when located in transit-oriented centers outside rights-of-way; or in conformance with:
(i)
A municipality's street tree planting plan or program, where the trees have been provided sufficient root zone space to ensure long-term survival and sufficient crown space is provided that is not limited by overhead utility lines and public utility easements that are existing or proposed.
(ii)
Section 25-122(d)(8) for criteria relating to the use of street trees.
(N)
Fee-in-lieu may be used to meet the requirements of this Division, when all other options have been exhausted, as determined by the Planning Director pursuant to Sec. 25-122(d)(9) for criteria relating to the use of fee-in-lieu.
(d)
Woodland Conservation Options - Credit and Security
(1)
On-site preservation.
(A)
Credit: Woodland preserved may be credited toward the conservation requirements on an acre for acre basis (ratio of 1:1). To be eligible for use as woodland preservation, the areas must be designated as woodland on the FSD, the woodland shall not have been harvested in the last five (5) years, and the woodland must be in medium or better condition as rated per the guidelines in the Technical Manual and with 15% or less of invasive or exotic plants.
(i)
Areas that have been harvested may be considered for use as woodland preservation if a report from a qualified professional states that the woodlands are in good condition, are in the process of regeneration, and contain 15% or less of invasive or exotic plants.
(B)
Security: Woodlands preserved shall be placed in permanent protection recorded in the land records. Areas of reforestation shall be bonded separately from other site development components at an amount to be calculated as stated in the Technical Manual.
(2)
On-site afforestation, on-site reforestation and on-site natural regeneration.
(A)
Credit: Woodland planted or regenerated on-site may be credited toward the conservation requirements on an acre for acre basis (ratio of 1:1). To be eligible for use, the areas must be designated as afforestation and reforestation areas on the TCP, the natural regeneration must be in medium or better condition with 15% or less of invasive or exotic plants, and a five-year management plan must be prepared as part of the TCP2 following the guidelines provided in the Technical Manual.
(B)
Security: Woodlands planted or regenerated on-site shall be placed in permanent protection as recorded in the land records and shall be bonded separately from other site development components at an amount to be calculated as stated in the Technical Manual.
(3)
On-site specimen, champion, and historic trees
(A)
Credit: Specimen, champion, and historic trees may be credited by counting the square footage of the unimpacted critical root zone area if they are not within a designated woodland conservation area and if the site has been designed to ensure long-term survival. If the specimen, champion, or historic trees are within a woodland conservation area, additional credit shall not be calculated.
(B)
Security: A bond amount equal to the removal and replacement cost of the specimen, champion and historic tree shall be provided prior to permit issuance if the additional credit noted in (A) above is used. The replacement cost shall be calculated by the permittee using the latest edition of the "Guide for Plant Appraisal" prepared by the Council of Tree and Landscape Appraisers. If the tree does not survive construction, mitigation shall be provided as stated in Section 25-120(c)(6)(D). A tree management plan shall be prepared for each specimen, champion or historic tree preserved.
(4)
Off-site preservation
(A)
Credit: Woodlands preserved off-site may be credited toward meeting the conservation requirements at a ratio of two acres of off-site preservation for each acre of conservation required (ratio of 2:1). To be eligible for use as woodland preservation, the areas must be designated as woodland on the FSD, the woodland shall not have been harvested in the last five (5) years, and the woodland must be in medium or greater condition with 15% or less of invasive or exotic plants.
(B)
Security: Off-site preservation shall be provided in an approved TCP2. Permanent protection such as conservation easements recorded in land records shall be provided in accordance with the Technical Manual.
(5)
Off-site reforestation and natural regeneration
(A)
Credit: Woodlands planted or regenerated off-site may be credited toward meeting the conservation requirements at a ratio of one acre of planting or regeneration for each acre of conservation required (ratio of 1:1).
(B)
Security: Off-site planting and regeneration shall be provided in an approved TCP2. Permanent protection such as conservation easements recorded in land records shall be provided in accordance with the Technical Manual. Areas of reforestation shall be separately bonded at an amount equal to the current cost of installation and maintenance of the required plantings. To receive credit for off-site reforestation or natural regeneration a five-year management plan must be prepared as part of the TCP2 following the guidelines provided in the Technical Manual.
(6)
On or off-site habitat enhancement projects
(A)
Credit: Habitat enhancement projects may receive credit toward meeting the conservation requirements at a rate of up to a half-acre (up to ratio of 0.5:1) of additional credit for each acre of on-site or off-site habitat enhancement provided. Habitat enhancement shall be conducted within woodlands that have already received credit for preservation, afforestation, or natural regeneration.
(B)
Security: To receive credit for habitat enhancement a five-year management plan must be prepared as part of the TCP2 following the guidelines provided in the Technical Manual. If the additional credit is sought, habitat enhancement shall be bonded at an amount determined according to the direction provided in the Technical Manual and the proposed management plan activities.
(7)
On-site landscaping within transit-oriented centers
(A)
Credit: Landscaping may be credited toward meeting the conservation requirements at a ratio of one acre of planting for each acre of conservation required (ratio of 1:1).
(B)
Security: Landscaping credited to meet woodland conservation requirements shall be bonded at an amount equal to the current cost of installation and maintenance of the required plantings.
(8)
Street trees within transit-oriented centers
(A)
Credit: Street trees may receive credit toward meeting the conservation requirements by calculating the square footage of tree canopy coverage to be provided in ten (10) years (refer to the Technical Manual for calculations). Street trees must be located on or adjacent to the site and shall be planted by the applicant in order to receive credit.
(B)
Security: Street trees credited to meet woodland conservation requirements shall be bonded at an amount equal to the current cost of installation and maintenance of the required plantings by the permittee of the site receiving the woodland conservation credit. Permanent protection such as conservation easements recorded in land records shall be provided in accordance with the Technical Manual.
(9)
Fee-in-lieu
(A)
Credit: Fee-in-lieu may be used to meet the conservation requirements after all other options are exhausted and the appropriate credits generated by a forest mitigation bank in the same watershed are deemed unavailable or there is no other County-owned land available to meet conservation requirements. The fee rate can be adjusted to reflect inflation increases using the base rate of ninety cents ($0.90) per square foot of the conservation requirement within the designated Priority Funding Area and a rate of one dollar and eight cents ($1.08) per square foot of conservation requirement outside the designated Priority Funding Area. These funds shall be placed in the Woodland Conservation Fund. Appropriate credits generated by a forest mitigation bank shall be deemed unavailable if any of the following exist:
(i)
There are no off-site woodland conservation banks with available acreage as tracked by the County; or
(ii)
If three or more available woodland conservation banks refuse to sell any credits, such refusal shall be provided in writing.
(B)
Security: Proof of payment of fee-in-lieu to the County based on the development activity proposed shall be provided prior to the issuance of the first permit unless the project is phased. Phased projects shall pay the fee-in-lieu amount for each phase prior to the issuance of any permits for that phase if the entire fee is not paid prior to issuance of the first permit. The TCP2 shall show the breakdown of the fee-in-lieu payment due with each phase.
(10)
Other options to meet the conservation requirements that are consistent with this Division may be considered by the approving authority. The amount of credit to be provided shall be evaluated on a case-by-case basis. Security shall be provided using the method that best fits the proposal and can include easements on the final plat, easements recorded in the land records, bonding or other methods that are appropriate to the proposal.
(e)
Woodland Conservation Provided Off-site
(1)
The woodland conservation requirements of this Division may be met at an off-site TCP2. If off-site woodland conservation credit is moved after it is established, it is once again subject to the provisions of this Division. Appropriateness of properties for establishment as a woodland conservation bank shall be evaluated using the priorities contained in Section 25-121 of this Division.
(A)
A woodland conservation bank is defined as a property where specified portions are encumbered to meet the woodland conservation requirements of benefiting projects through the recordation of required documents in the County land records.
(B)
A woodland conservation bank:
(i)
Preservation: Can be used to meet up to 60% of the replacement requirement and credit shall be granted at a 2:1 acre replacement ratio (two acres of preserved forest for each acre required).
(ii)
Planted: Can be used to meet the replacement requirement and the credit may be provided at 1:1 acre replacement ratio (one acre planted for each one acre required).
(C)
If a property subject to a land development proposal has met all its requirements on-site and has excess woodland conservation available, the excess woodland conservation may become a woodland conservation bank provided:
(i)
it is placed within a separate property description that is protected by documents recorded in the land records as provided in the Technical Manual;
(ii)
it is not less than two acres in size or less than 10 percent of the woodland conservation requirement for the project site whichever is greater;
(iii)
it is not placed on a private residential lot less than 10 acres in size; and
(iv)
it meets the other minimum standards of a woodland conservation bank.
(2)
Woodland conservation banks shall:
(A)
Depict the method of woodland conservation on an approved TCP2 that meets all the requirements of this Division and is prepared in conformance with the Technical Manual;
(B)
Be protected by required documents recorded in the land records which require the land in the bank to remain as woodland in perpetuity and which are enforceable through an approved TCP;
(C)
Limit the use of the land in the bank to those activities which are consistent with woodland conservation such as recreational activities that do not result in vegetation removal; forest stewardship under a forest conservation and management agreement under Tax-Property Article, § 8-211, Annotated Code of Maryland; or activities specified in a Forest Management Plan prepared by a licensed forester and approved by the Planning Director;
(D)
Use native plant materials for afforestation;
(E)
Meet the woodland conservation area standards contained in this Division and as specified in the Technical Manual;
(F)
Retain at least one building site with a minimum area of one acre if the woodland conservation bank includes the entire parcel and developable areas unless a variance has been approved by the appropriate approval authority in accordance with Section 25-119(d);
(G)
Not initiate woodland conservation requirements unless the site is subject to this Division through some action of the owner;
(H)
Conform to the design criteria contained in Section 25-122 of this Division;
(I)
Not approve use of any portion of a woodland conservation bank using afforestation until four years of documented successful growth have been achieved unless the woodland conservation bank owner has posted a bond or alternate form of security; and to ensure that the trees will be cared for and maintained in perpetuity.
(J)
Shall provide conditions sufficient to ensure that the woodlands will survive in perpetuity. If afforestation or reforestation are proposed on a site that was previously used for sand and gravel mining or land or rubble filling operations, soil testing shall be performed to develop a soil amendment plan for the planting area to ensure the establishment of woodlands in perpetuity. The soil amendment plan shall be reviewed by the Soil Conservation District and approved as part of the TCP2.
(3)
Applications for woodland conservation banks shall include the following information:
(A)
A completed application form as provided in the Technical Manual.
(B)
A TCP2 for the woodland conservation bank which contains the information required in the Technical Manual.
(f)
Woodland Conservation Bonding
(1)
Projects containing woodland conservation methods that require bonding as noted in this Division shall provide security in the form of a bond, an irrevocable letter of credit, or other security approved by the County. The security shall:
(A)
Assure that the woodland conservation methods proposed are conducted and maintained in accordance with the approved TCP;
(B)
Be in an amount equal to the estimated cost of the work if it is required to be performed by the County in accordance with the requirements of this Division; and
(C)
Be in a form and of a content approved by the County.
(2)
After a final inspection of the site by the County inspector confirms that the areas meet or exceed the requirements of the approved TCP and no sooner than five years after establishment, the bond or other security shall be returned or released.
(3)
The bond or other security may be subject to forfeiture if the approved TCP is not implemented fully and within the time frames specified on the plan. The County shall notify the permittee by certified mail of the intention of the County to initiate forfeiture proceedings.
(4)
Woodlands planted or regenerated on-site shall be placed in permanent protection as recorded in the land records and shall be bonded separately from other site development components at an amount to be calculated as stated in the Technical Manual.
(5)
All afforestation and reforestation, whether on-site or off-site, shall be bonded prior to the issuance of the first permit to ensure completion and long-term survivability.
(6)
If on-site conservation is approved to meet the requirements, all conservation areas shall receive credit at a ratio of 1:1 (one acre of conservation for each acre of requirement).