EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0723*
HOUSE BILL 723
M1 3lr1714
CF SB 526
By: Delegates Love, Bridges, and Stein
Introduced and read first time: February 7, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Forest Preservation and Retention 2
FOR the purpose of altering the definition of “qualified conservation” for purposes of 3
provisions of law related to forest mitigation banks; establishing and authorizing 4
certain alternative methods of calculating forest afforestation, reforestation, and 5
preservation requirements; altering the development projects for which afforestation 6
or reforestation credits granted may not exceed a certain percentage of forest 7
conserved; adding certain tree plantings and practices as methods that certain 8
municipal corporations may use to meet afforestation or reforestation requirements; 9
adding certain areas and vegetation considered to be a priority for forest retention 10
and protection under certain circumstances; lowering the acreage threshold in 11
certain counties for participation in the forest conservation and management 12
program; and generally relating to forest preservation and retention. 13
BY repealing 14
Article – Natural Resources 15
Section 5–101(i) and 5–102(b)(1) 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2022 Supplement) 18
BY renumbering 19
Article – Natural Resources 20
Section 5–101(j) through (m) and 5–1601(hh) through (qq) 21
to be Section 5–101(i) through (l) and 5–1601(ii) through (rr), respectively 22
Annotated Code of Maryland 23
(2018 Replacement Volume and 2022 Supplement) 24
BY repealing and reenacting, without amendments, 25
Article – Natural Resources 26
Section 5–101(a), 5–1601(a), and 5–1602(a) 27
Annotated Code of Maryland 28 2 HOUSE BILL 723
(2018 Replacement Volume and 2022 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Natural Resources 3
Section 5–101(e), 5–1601(gg), 5–1602(b)(5), 5–1606, and 5–1607 4
Annotated Code of Maryland 5
(2018 Replacement Volume and 2022 Supplement) 6
BY adding to 7
Article – Natural Resources 8
Section 5–101(m), 5–102(b)(1), 5–1601(hh), and 5–1606.1 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2022 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Tax – Property 13
Section 8–211(a) and (b) 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2022 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Tax – Property 18
Section 8–211(c) 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2022 Supplement) 21
BY repealing and reenacting, with amendments, 22
Chapter 645 of the Acts of the General Assembly of 2021 23
Section 11 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That Section(s) 5–101(i) of Article – Natural Resources of the Annotated Code of Maryland 26
be repealed. 27
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5 –101(j) through 28
(m) and 5–1601(hh) through (qq) of Article – Natural Resources of the Annotated Code of 29
Maryland be renumbered to be Section(s) 5–101(i) through (l) and 5–1601(ii) through (rr), 30
respectively. 31
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 32
as follows: 33
Article – Natural Resources 34
5–101. 35
(a) In this title the following words have the meanings indicated. 36 HOUSE BILL 723 3
(e) (1) “Forest land” means [a biological community dominated by trees and 1
other woody plants that are capable of producing timber or other wood products with a 2
stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or 3
greater diameter at 4.5 feet above the ground] A CONTIGUOUS PATCH O F TREES THAT 4
IS AT LEAST 1 ACRE IN SIZE EXHIBIT ING AT LEAST ONE TRA NSECT OF AT LEAST 240 5
FEET IN WIDTH. 6
(2) “Forest land” includes forested areas that have been cut but not 7
converted to other land uses. 8
(M) “TREE CANOPY” MEANS THE CROWNS OF DECIDUOUS AND EVERGR EEN 9
WOODY VEGETATION THA T IS: 10
(1) THE PRODUCT OF NATURA L GROWTH OR HUMAN PL ANTING; AND 11
(2) GREATER THAN 3 METERS IN HEIGHT . 12
5–102. 13
(b) It is the policy of the State to encourage the retention and sustainable 14
management of forest lands by: 15
[(1) Achieving no net loss of forest;] 16
(1) INCREASING THE ACREAG E OF LAND IN THE STATE AS MEASURED 17
EVERY 4 YEARS THAT IS: 18
(I) FOREST LAND; OR 19
(II) COVERED BY TREE CANOP Y, FOR LAND LOCATED INS IDE AN 20
URBAN AREA OR OUTSID E AN URBAN AREA ; 21
5–1601. 22
(a) In this subtitle the following words have the meanings indicated. 23
(gg) “Qualified conservation” means the conservation of all or a part of an existing 24
forest that: 25
(1) [Was] HAS BEEN approved [on or before December 31, 2020,] by the 26
appropriate State or local forest conservation program for the purpose of establishing a 27
forest mitigation bank; [and] 28
(2) IS NOT LOCATED ON LAN D FOR WHICH: 29 4 HOUSE BILL 723
(I) DEVELOPMENT OR SUBDIVIS ION RIGHTS HAVE BEEN 1
MATERIALLY EXTINGUIS HED; 2
(II) STATE OR LOCAL LAW PR OHIBITS SUBDIVISION OF THE 3
LAND WITHOUT THE APP ROVAL OF A WAIVER , MODIFICATION , OR VARIANCE, NOT 4
INCLUDING A VARIANCE ISSUED UNDER THIS SU BTITLE; 5
(III) THE SOIL IS REASONABLY E XPECTED TO BE UNSUIT ABLE 6
FOR SUPPORTING A CON VENTIONAL SEPTIC SYS TEM AND PUBLIC SEWER SERVICE IS 7
NOT PLANNED ; OR 8
(IV) MAJOR SUBDIVISIONS AR E PROHIBITED BY LOCA L ZONING 9
OR § 9–206 OF THE ENVIRONMENT ARTICLE; AND 10
(3) Is encumbered in perpetuity by a restrictive easement, covenant, or 11
another similar mechanism recorded in the county land records to conserve its character 12
as a forest. 13
(HH) “QUALIFIED PROJECT ” MEANS A PROJECT : 14
(1) THAT USES QUALIFIED C ONSERVATION FOR WHIC H AN 15
APPLICATION WAS SUBMITTE D OR APPROVED ON OR BEFORE DECEMBER 31, 2020; 16
OR 17
(2) THAT IS GOVERNED BY A LOCAL PROGRAM THAT H AS 18
ALTERNATIVE AFFOREST ATION, REFORESTATION , AND PRESERVATION 19
REQUIREMENTS ADOPTED UNDER § 5–1606.1 OF THIS SUBTITLE. 20
5–1602. 21
(a) Except as provided in subsection (b) of this section, this subtitle shall apply to 22
any public or private subdivision plan or application for a grading or sediment control 23
permit by any person, including a unit of State or local government on areas 40,000 square 24
feet or greater. 25
(b) The provisions of this subtitle do not apply to: 26
(5) The cutting or clearing of public utility rights–of–way [or land] for 27
electric generating stations licensed pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of 28
the Public Utilities Article, provided that: 29
(i) Any required certificates of public convenience and necessity 30
have been issued in accordance with § 5–1603(f) of this subtitle; and 31
HOUSE BILL 723 5
(ii) The cutting or clearing of the forest is conducted so as to 1
minimize the loss of forest; 2
5–1606. 3
(a) (1) For the following land use categories, tracts having less than 20% of the 4
net tract area in forest cover shall be afforested up to 20% of the net tract area: 5
(i) Agriculture and resource areas; and 6
(ii) Medium density residential areas. 7
(2) For the following land use categories, tracts having less than 15% of the 8
net tract area in forest cover shall be afforested up to 15% of the net tract area: 9
(i) Institutional development areas; 10
(ii) High density residential areas; 11
(iii) Mixed use and planned unit development areas; and 12
(iv) Commercial and industrial use areas. 13
(3) Afforestation requirements must conform to the conditions in §§ 5–1607 14
and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if 15
afforestation on–site or off–site cannot be reasonably accomplished. 16
(4) (i) The afforestation requirements under this subsection shall be 17
accomplished within 1 year or 2 growing seasons after the completion of the development 18
project. 19
(ii) If afforestation cannot be reasonably accomplished on–site or 20
off–site, the requirement to contribute money to a Forest Conservation Fund under § 21
5–1610 of this subtitle shall be met within 90 days after the completion of the development 22
project. 23
(5) Linear projects that involve no change in land use may not be subject 24
to afforestation requirements. 25
(b) There is a forest conservation threshold established for all land use categories 26
as provided in subsection (c) of this section. The forest conservation threshold means the 27
percentage of the net tract area at which the reforestation requirement changes from a 28
ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1 29
acre removed. 30
(c) After every reasonable effort to minimize the cutting or clearing of trees and 31
other woody plants is exhausted in the development of a subdivision plan and grading and 32 6 HOUSE BILL 723
sediment control activities and implementation of the forest conservation plan, the forest 1
conservation plan shall provide for reforestation, or payment into the Forest Conservation 2
Fund, according to the formula set forth in subsection (b) of this section and consistent with 3
the following forest conservation thresholds for the applicable land use category: 4
(1) Agricultural and resource areas: 50% of net tract area; 5
(2) Medium density residential areas: 25% of net tract area; 6
(3) Institutional development areas: 20% of net tract area; 7
(4) High density residential areas: 20% of net tract area; 8
(5) Mixed use and planned unit development areas: 15% of net tract area; 9
and 10
(6) Commercial and industrial use areas: 15% of net tract area. 11
(d) (1) Subject to the provisions of paragraph (2) of this subsection, for all 12
existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above 13
the applicable forest conservation threshold, the area of forest removed shall be reforested 14
at a ratio of 1/4 acre planted for every 1 acre removed. 15
(2) Each acre of forest retained on the net tract area above the applicable 16
forest conservation threshold shall be credited against the total number of acres required 17
to be reforested under paragraph (1) of this subsection. 18
(e) For all existing forest cover measured to the nearest 1/10 acre cleared on the 19
net tract area below the applicable forest conservation threshold, the area of forest removed 20
shall be reforested at a ratio of 2 acres planted for every 1 acre removed. 21
(f) (1) The reforestation requirements under this section shall be 22
accomplished within 1 year or 2 growing seasons after completion of the development 23
project. 24
(2) If reforestation cannot be reasonably accomplished on–site or off–site, 25
the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this 26
subtitle shall be met within 90 days after completion of the development project. 27
(g) A unit of local government with planning and zoning authority may adopt 28
forest conservation thresholds and afforestation and reforestation requirements as part of 29
its local forest conservation program that are more stringent than the forest conservation 30
thresholds and afforestation and reforestation requirements in this section. 31
(H) ANY REFORESTATION REQ UIREMENTS UNDER THIS SUBTITLE SHALL BE 32
CALCULATED UNDER § 5–1606.1 OF THIS SUBTITLE INS TEAD OF THIS SECTION IF 33
THE ACREAGE OF REQUI RED REFORESTATION IS GREATER AS CALCULATE D UNDER 34 HOUSE BILL 723 7
§ 5–1606.1 OF THIS SUBTITLE THA N IS THE CASE AS CAL CULATED UNDER THIS 1
SECTION. 2
5–1606.1. 3
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 4
FOR ALL EXISTING FOR EST COVER MEASURED T O THE NEAREST 1/10 ACRE CLEARED 5
ON A SITE, THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A RATIO OF 1 6
ACRE PLANTED FOR EVE RY 1 ACRE CLEARED . 7
(2) FOR ALL EXISTING PRIO RITY FOREST COVER , AS DESCRIBED 8
UNDER § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10 ACRE 9
CLEARED ON A SITE , THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A 10
RATIO OF 2 ACRES PLANTED FOR EV ERY 1 ACRE CLEARED . 11
(B) (1) A LOCAL JURISDICTION M AY PROPOSE, AND THE DEPARTMENT 12
MAY APPROVE , ALTERNATIVE AFFOREST ATION, REFORESTATION , AND 13
PRESERVATION REQUIRE MENTS THAT ARE EXPEC TED TO RESULT IN THE LOCAL 14
PROGRAM AT A MINIMUM MAINTAINING ITS EXIS TING LEVEL OF FOREST COVER 15
OVER A 2–YEAR PERIOD. 16
(2) IF THE DEPARTMENT FINDS THAT THE PROPOSED AL TERNATIVE 17
AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE NOT 18
EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE LEVEL OF FOREST 19
COVER, THE DEPARTMENT SHALL : 20
(I) REJECT THE PROPOSED A LTERNATIVE AFFORESTA TION, 21
REFORESTATION , AND PRESERVATION REQ UIREMENTS; AND 22
(II) PROVIDE THE LOCAL JUR ISDICTION WITH WRITT EN NOTICE 23
OF THE ELEMENTS OF T HE PROPOSAL THAT NEE D TO BE REVISED. 24
(3) IN DETERMINING WHETHE R PROPOSED ALTERNATI VE 25
AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE 26
EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE LEVEL OF FOREST 27
COVER, THE DEPARTMENT SHALL CONS IDER CREDITS GENERAT ED UNDER § 28
5–1607(B)(3) OF THIS SUBTITLE TO BE FOREST ACREAGE . 29
(4) THE DEPARTMENT SHALL RESC IND APPROVAL OF ALTE RNATIVE 30
AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS IF THE 31
LOCAL PROGRAM DOES N OT MAINTAIN THE LOCA L JURISDICTION ’S BASELINE 32
LEVEL OF FOREST COVE R OVER TWO CONSECUTIVE 2–YEAR PERIODS. 33
8 HOUSE BILL 723
5–1607. 1
(a) The preferred sequence for afforestation and reforestation shall be established 2
by the State or local authority in accordance with the following after all techniques for 3
retaining existing forest cover on–site have been exhausted: 4
(1) Those techniques that enhance existing forest and involve selective 5
clearing or supplemental planting on–site; 6
(2) On–site afforestation or reforestation may be utilized where the 7
retention options have been exhausted. In those cases, the method shall be selected in 8
accordance with subsection (b) of this section, and the location shall be selected in 9
accordance with subsection (d) of this section; 10
(3) (i) Off–site afforestation or reforestation in the same watershed or 11
in accordance with an approved master plan may be utilized where the applicant has 12
demonstrated that no reasonable on–site alternative exists, or where: 13
1. Any on–site priority areas for afforestation or 14
reforestation have been planted in accordance with subsection (d) of this section; and 15
2. The applicant has justified to the satisfaction of the State 16
or local jurisdiction that environmental benefits associated with off–site afforestation or 17
reforestation would exceed those derived from on–site planting; 18
(ii) In these cases, the method shall be selected in accordance with 19
subsection (b) of this section, and the location shall be selected in accordance with 20
subsection (d) of this section; and 21
(iii) Off–site afforestation or reforestation may include the use of 22
forest mitigation banks which have been so designated in advance by the State or local 23
forest conservation program which is approved by the Department; and 24
(4) The State or local jurisdiction may allow an alternative sequence for a 25
specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans 26
or policies or to take advantage of opportunities to consolidate forest conservation efforts. 27
(b) Standards for meeting afforestation or reforestation requirements shall be 28
established by the State or local program using one or more of the following methods: 29
(1) Forest creation in accordance with a forest conservation plan using one 30
or more of the following: 31
(i) Transplanted or nursery stock; 32
(ii) Whip and seedling stock; or 33
HOUSE BILL 723 9
(iii) Natural regeneration where it can be shown to adequately meet 1
the objective of the forest conservation plan[.]; 2
(2) [The] FOR A QUALIFIED PROJE CT, THE use of qualified conservation 3
completed in a forest mitigation bank, in which case, the afforestation or reforestation 4
credit granted may not exceed 50% of the forest area encumbered in perpetuity[.]; 5
(3) [The use of street trees in] IN a municipal corporation with a tree 6
management plan, in an existing population center designated in a county master plan that 7
has been adopted to conform with the Economic Growth, Resource Protection, and Planning 8
Act of 1992, or in any other designated area approved by the Department as part of a local 9
program, under criteria established by the local program, subject to the approval of the 10
Department, using: 11
(i) [Street] THE PLANTING OF STREE T trees as a permissible step 12
in the priority sequence for afforestation or reforestation and, based on a mature canopy 13
coverage, may grant full credit as a mitigation technique; [and] 14
(ii) Acquisition as a mitigation technique of an off–site protective 15
easement for existing forested areas not currently protected in perpetuity, in which case 16
the afforestation or reforestation credit granted may not exceed 50% of the area of forest 17
cover protected[.]; 18
(III) THE RESTORATION OF DE GRADED FOREST , INCLUDING 19
SOIL AMENDMENT AND S TABILIZATION, THE REMOVAL OF INVAS IVE SPECIES, 20
WILDLIFE CONTROL , THE ESTABLISHMENT OF UNDERSTORY , AND NEW TREE 21
PLANTINGS, AS APPROPRIATE , IN WHICH CASE THE AF FORESTATION OR 22
REFORESTATION CREDIT GRANTED MAY NOT EXCE ED 50% OF THE AREA OF FORES T 23
RESTORED; AND 24
(IV) THE ESTABLISHMENT OF PLANTED GREEN 25
INFRASTRUCTURE OR EN VIRONMENTAL SITE DES IGN PRACTICES BEYOND THE 26
AMOUNT REQUIRED UNDER § 4–203 OF THE ENVIRONMENT ARTICLE MAY GRANT 27
FULL CREDIT AS A MIT IGATION TECHNIQUE [.]; AND 28
(4) When all other options, both on–site and off–site, have been exhausted, 29
landscaping as a mitigation technique, conducted under an approved landscaping plan that 30
establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area. 31
(c) (1) The following trees, shrubs, plants, and specific areas shall be 32
considered priority for retention and protection, and they shall be left in an undisturbed 33
condition unless the applicant has demonstrated, to the satisfaction of the State or local 34
authority, that reasonable efforts have been made to protect them and the plan cannot 35
reasonably be altered: 36
10 HOUSE BILL 723
(i) Trees, shrubs, and plants located in sensitive areas including 1
100–year floodplains, intermittent [and] STREAMS AND THEIR BU FFERS OF AT LEAST 2
50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT 3
LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep 4
slopes, and critical habitats; [and] 5
(ii) Contiguous forest that connects the largest undeveloped or most 6
vegetated tracts of land within and adjacent to the site; AND 7
(III) TREES, SHRUBS, AND PLANTS IN URBAN AREAS THAT ARE 8
ESSENTIAL FOR PROVIDING WILDLI FE HABITAT OR MITIGA TING FLOODING , HIGH 9
TEMPERATURES , OR AIR POLLUTION . 10
(2) The following trees, shrubs, plants, and specific areas shall be 11
considered priority for retention and protection, and they shall be left in an undisturbed 12
condition unless the applicant has demonstrated, to the satisfaction of the State or local 13
authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle: 14
(I) FOREST LAND SUITABLE FOR FOREST INTERIOR –DWELLING 15
SPECIES AND FOREST CORRIDORS CONNECTING THESE FOREST PATCHES ; 16
(II) FOREST LAND LOCATED I N A TARGETED ECOLOGI CAL AREA 17
AS IDENTIFIED BY THE DEPARTMENT ; 18
(III) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 19
WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONME NT; 20
(IV) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 21
ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS 22
IDENTIFIED BY A LOCA L JURISDICTION; 23
[(i)] (V) Trees, shrubs, or plants identified on the list of rare, 24
threatened, and endangered species of the U.S. Fish and Wildlife Service or the 25
Department; 26
[(ii)] (VI) Trees that are part of a historic site or associated with a 27
historic structure or designated by the Department or local authority as a national, State, 28
or local Champion Tree; and 29
[(iii)] (VII) Trees having a diameter measured at 4.5 feet above the 30
ground of: 31
1. 30 inches; or 32
HOUSE BILL 723 11
2. 75% of the diameter, measured at 4.5 feet above the 1
ground, of the current State Champion Tree of that species as designated by the 2
Department. 3
(d) The following shall be considered priority for afforestation or reforestation: 4
(1) Establish or enhance forest buffers adjacent to intermittent and 5
perennial streams and coastal bays to widths of at least 50 feet; 6
(2) Establish or increase existing forested corridors to connect existing 7
forests within or adjacent to the site and, where practical, forested corridors should be a 8
minimum of 300 feet in width to facilitate wildlife movement; 9
(3) Establish or enhance forest buffers adjacent to critical habitats where 10
appropriate; 11
(4) Establish or enhance forested areas in 100–year floodplains; 12
(5) Establish plantings to stabilize slopes of 25% or greater and slopes of 13
15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other 14
natural depressions; 15
(6) Establish buffers adjacent to areas of differing land use where 16
appropriate, or adjacent to highways or utility rights–of–way; 17
(7) Establish forest areas adjacent to existing forests so as to increase the 18
overall area of contiguous forest cover, when appropriate; and 19
(8) Use native plant materials for afforestation or reforestation, when 20
appropriate. 21
(e) (1) As part of the development of a forest conservation program, the State 22
or local government shall develop provisions for: 23
(i) Preservation of areas described in subsections (c) and (d)(1) and 24
(3) of this section; 25
(ii) Retention as forest of all land forested, afforested, or reforested 26
under this subtitle; and 27
(iii) Limitation of uses of forest to those that are not inconsistent with 28
forest conservation, such as recreational activities and forest management under 29
subsection (f) of this section. 30
(2) The provisions required in paragraph (1) of this subsection may include 31
protective agreements for areas of forest conservation, including conservation easements, 32
deed restrictions, and covenants. 33 12 HOUSE BILL 723
(f) An owner may place land that is forested, afforested, or reforested under this 1
subtitle in the forest conservation and management program under § 8–211 et seq. of the 2
Tax – Property Article or in a forest management plan prepared by a licensed forester and 3
approved by the local authority or the State. Reforestation shall be required when the final 4
regeneration harvest is complete or if determined to be necessary due to the lack of 5
adequate natural regeneration. 6
Article – Tax – Property 7
8–211. 8
(a) (1) In this section the following words have the meaning indicated. 9
(2) “Agreement” means an agreement made under subsection (c) of this 10
section. 11
(3) “Program” means the forest conservation and management program. 12
(b) The Department of Natural Resources shall establish the program to: 13
(1) encourage the preservation or development of land for productive 14
woodland purposes; 15
(2) increase the income of persons in the State from the sale of timber; 16
(3) prevent flooding of land and the loss of the State’s soil; 17
(4) provide wooded areas for the use and enjoyment of all individuals in the 18
State; and 19
(5) promote the welfare and assets of the State. 20
(c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 21
SUBSECTION, THE owner of at least 5 contiguous acres of land may make an agreement 22
with the Department of Natural Resources to place the land in the program. 23
(2) IN BALTIMORE CITY AND ANNE ARUNDEL, BALTIMORE, 24
HOWARD, MONTGOMERY , AND PRINCE GEORGE’S COUNTIES, THE OWNER OF AT 25
LEAST 2 CONTIGUOUS ACRES OF LAND MAY MAKE AN AGR EEMENT WITH THE 26
DEPARTMENT OF NATURAL RESOURCES TO PLACE TH E LAND IN THE PROGRA M. 27
Chapter 645 of the Acts of 2021 28
SECTION 11. AND BE IT FURTHER ENACTED, That, except as provided in 29
Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION 30 HOUSE BILL 723 13
7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of 1
June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required 2
by the General Assembly, shall be abrogated and of no further force and effect. Subject to 3
Section 10 of this Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of 4
10 years and 1 month and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with 5
no further action required by the General Assembly, shall be abrogated and of no further 6
force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1 7
month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required 8
by the General Assembly, shall be abrogated and of no further force and effect. 9
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2023. 11