EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0723*
HOUSE BILL 723
M1 3lr1714
CF SB 526
By: Delegates Love, Healey, Bridges, and Stein Stein, Addison, Allen, Barve,
Boyce, Ciliberti, Foley, Guyton, Holmes, Kerr, J. Long, T. Morgan, and
Stewart
Introduced and read first time: February 7, 2023
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 21, 2023
CHAPTER ______
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
altering exemptions from certain afforestation, reforestation, and preservation 5
requirements; altering certain alternative methods of calculating forest 6
afforestation, reforestation, and preservation requirements; altering the 7
development projects for which afforestation or reforestation credits granted may not 8
exceed a certain percentage of forest conserved; authorizing local jurisdictions to 9
adopt certain alternative afforestation, reforestation, and preservation 10
requirements; altering rules for the use of qualified conservation to meet 11
afforestation or reforestation requirements; adding certain tree plantings and 12
practices as methods that certain municipal corporations may use to meet 13
afforestation or reforestation requirements; adding certain areas and vegetation 14
considered to be a priority for forest retention and protection under certain 15
circumstances; lowering the acreage threshold in certain counties for participation 16
in the forest conservation and management program; providing for judicial review of 17
certain plans and determinations; extending the time period for the Department of 18
Natural Resources to spend certain money deposited in the Forest Conservation 19
Fund; requiring the Department to update the State Forest Conservation Technical 20
Manual; requiring the Department to establish a workgroup to evaluate and 21
recommend incentives for private landowners to conserve forests; and generally 22
relating to forest preservation and retention. 23 2 HOUSE BILL 723
BY repealing 1
Article – Natural Resources 2
Section 5–101(i) and 5–102(b)(1) 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2022 Supplement) 5
BY renumbering 6
Article – Natural Resources 7
Section 5–101(j) through (m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8) 8
to be Section 5–101(i) through (l) and 5–1601(ii) through (rr) 5–102(b)(3) through (9), 9
respectively 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2022 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Natural Resources 14
Section 5–101(a), 5–1601(a), and 5–1602(a), and 5–1610(b) 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2022 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Natural Resources 19
Section 5–101(e), 5–1601(gg), 5–1602(b)(5), 5–1602(b)(4), (5), (12), and (13), 20
5–1603(a)(1) and (c)(3)(ii), 5–1605(d), 5–1606, and 5–1607, 5–1610(e), and 21
5–1610.1(c) 22
Annotated Code of Maryland 23
(2018 Replacement Volume and 2022 Supplement) 24
BY adding to 25
Article – Natural Resources 26
Section 5–101(m), 5–102(b)(1) and (2), 5–1601(hh), 5–1602(b)(14) through (17), and 27
5–1606.1 28
Annotated Code of Maryland 29
(2018 Replacement Volume and 2022 Supplement) 30
BY repealing and reenacting, without amendments, 31
Article – Tax – Property 32
Section 8–211(a) and (b) 33
Annotated Code of Maryland 34
(2019 Replacement Volume and 2022 Supplement) 35
BY repealing and reenacting, with amendments, 36
Article – Tax – Property 37
Section 8–211(c) 38
Annotated Code of Maryland 39
(2019 Replacement Volume and 2022 Supplement) 40 HOUSE BILL 723 3
BY repealing and reenacting, with amendments, 1
Chapter 645 of the Acts of the General Assembly of 2021 2
Section 11 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That Section(s) 5–101(i) of Article – Natural Resources of the Annotated Code of Maryland 5
be repealed. 6
SECTION 2. AND BE IT FURTHER ENACTED, T hat Section(s) 5–101(j) through 7
(m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8) of Article – Natural Resources of 8
the Annotated Code of Maryland be renumbered to be Section(s) 5–101(i) through (l) and 9
5–1601(ii) through (rr) 5–102(b)(3) through (9), respectively. 10
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 11
as follows: 12
Article – Natural Resources 13
5–101. 14
(a) In this title the following words have the meanings indicated. 15
(e) (1) “Forest land” means [a biological community dominated by trees and 16
other woody plants that are capable of producing timber or other wood products with a 17
stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or 18
greater diameter at 4.5 feet above the ground] A CONTIGUOUS PATCH OF TRE ES THAT 19
IS AT LEAST 1 ACRE IN SIZE EXHIBIT ING AT LEAST ONE TRA NSECT OF AT LEAST 240 20
120 FEET IN WIDTH. 21
(2) “Forest land” includes forested areas that have been cut but not 22
converted to other land uses. 23
(M) “TREE CANOPY” MEANS THE CROWNS OF DECIDUOUS AND EVERGREEN 24
WOODY VEGETATION THA T IS: 25
(1) THE PRODUCT OF NATURA L GROWTH OR HUMAN PL ANTING; AND 26
(2) GREATER THAN 3 METERS IN HEIGHT . 27
5–102. 28
(b) It is the policy of the State to encourage the retention and sustainable 29
management of forest lands by: 30
[(1) Achieving no net loss of forest;] 31 4 HOUSE BILL 723
(1) INCREASING THE ACREAG E OF INCREASING, AS MEASURED 1
EVERY 4 YEARS, THE ACREAGE OF FORES T LAND IN THE STATE AS MEASURED EVERY 2
4 YEARS THAT IS: 3
(I) FOREST LAND; OR 4
(II) COVERED; 5
(2) INCREASING, AS MEASURED EVERY 4 YEARS, THE ACREAGE OF 6
LAND IN THE STATE COVERED BY TREE CANOPY , FOR LAND LOCATED INS IDE AN 7
URBAN AREA OR AND OUTSIDE AN URBAN ARE A; 8
5–1601. 9
(a) In this subtitle the following words have the meanings indicated. 10
(gg) “Qualified conservation” means the conservation of all or a part of an existing 11
forest that: 12
(1) [Was] HAS BEEN approved [on or before December 31, 2020,] by the 13
appropriate State or local forest conservation program for the purpose of establishing a 14
forest mitigation bank; [and] 15
(2) IS NOT LOCATED ON LAN D FOR WHICH: 16
(I) DEVELOPMENT OR SUBDIV ISION RIGHTS HAVE BE EN 17
MATERIALLY EXTINGUIS HED; 18
(II) STATE OR LOCAL LAW PR OHIBITS SUBDIVISION OF THE 19
LAND WITHOUT THE APP ROVAL OF A WAIVER , MODIFICATION , OR VARIANCE, NOT 20
INCLUDING A VARIANCE ISSUED UNDER THIS SU BTITLE; 21
(III) THE SOIL IS REASONABL Y EXPECTED TO BE UNS UITABLE 22
FOR SUPPORTING A CON VENTIONAL SEPTIC SYSTEM AND PU BLIC SEWER SERVICE I S 23
NOT PLANNED ; OR 24
(IV) MAJOR SUBDIVISIONS AR E PROHIBITED BY LOCA L ZONING 25
OR § 9–206 OF THE ENVIRONMENT ARTICLE; AND 26
(3) Is encumbered in perpetuity by a restrictive easement, covenant, or 27
another similar mechanism recorded in the county land records to conserve its character 28
as a forest. 29
(HH) “QUALIFIED PROJECT ” MEANS A PROJECT : 30 HOUSE BILL 723 5
(1) THAT USES QUALIFIED C ONSERVATION FOR WHIC H AN 1
APPLICATION WAS SUBM ITTED OR APPROVED ON OR BEFORE DECEMBER 31, 2020; 2
OR 3
(2) THAT IS GOVERNED BY A LOCAL PROGRAM THAT H AS 4
ALTERNATIVE AFFOREST ATION, REFORESTATION , AND PRESERVATION 5
REQUIREMENTS ADOPTED UNDER § 5–1606.1 OF THIS SUBTITLE. 6
5–1602. 7
(a) Except as provided in subsection (b) of this section, this subtitle shall apply to 8
any public or private subdivision plan or application for a grading or sediment control 9
permit by any person, including a unit of State or local government on areas 40,000 square 10
feet or greater. 11
(b) The provisions of this subtitle do not apply to: 12
(4) Any agricultural activity that does not result in a change in land use 13
category, including THE OPERATION OF ORC HARDS AND TREE FARMS AND THE 14
CONSTRUCTION AND USE OF agricultural support buildings and other related structures 15
built using accepted best management practices; 16
(5) The cutting or clearing of public utility rights–of–way [or land] for 17
electric generating stations licensed pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of 18
the Public Utilities Article, provided that: 19
(i) Any required certificates of public convenience and necessity 20
have been issued in accordance with § 5–1603(f) of this subtitle; and 21
(ii) The cutting or clearing of the forest is conducted so as to 22
minimize the loss of forest; 23
(12) Any stream restoration project for which the applicant for a grading or 24
sediment control permit has executed a binding maintenance agreement of at least 5 years 25
with the affected property owner; [and] 26
(13) Maintenance or retrofitting of a stormwater management structure 27
that may include clearing of vegetation or removal and trimming of trees, so long as the 28
maintenance or retrofitting is within the original limits of disturbance for construction of 29
the existing structure, or within any maintenance easement for access to the structure; 30
(14) FOREST MANAGEMENT ; 31
6 HOUSE BILL 723
(15) TRANSIT–ORIENTED DEVELOPMENT , AS DEFINED UNDER § 7–101 1
OF THE TRANSPORTATION ARTICLE, PROVIDED THAT THE AR EA OF FOREST 2
REMOVED SHALL BE : 3
(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE 4
REPLANTED FOR EACH A CRE REMOVED ; OR 5
(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS 6
PERMANENTLY PROTECTE D FOR EACH ACRE REMO VED; 7
(16) THE CONSTRUCTION OF A NEW FEDERAL GOVERNME NT FACILITY 8
PROJECTED TO HOUSE T HE EMPLOYMENT OF AT LEAST 2,500 PERSONS; AND 9
(17) THE CONSTRUCTION OF MULTIFAMI LY HOUSING, CONSISTING OF 10
A SINGLE STRUCTURE C ONTAINING AT LEAST 25 DWELLING UNITS , PROVIDED THAT 11
THE AREA OF FOREST R EMOVED SHALL BE : 12
(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE 13
REPLANTED FOR EACH A CRE REMOVED ; OR 14
(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS 15
PERMANENTLY PROTECTE D FOR EACH ACRE REMO VED. 16
5–1603. 17
(a) (1) A unit of local government having planning and zoning authority shall 18
develop a local forest conservation program[, consistent]: 19
(I) CONSISTENT with the intent, requirements, and standards of 20
this subtitle; AND 21
(II) AFFORDING DUE CONSIDE RATION TO THE POLICY GOALS 22
ESTABLISHED UNDER : 23
1. TITLE 5, SUBTITLE 7A OF THE STATE FINANCE AND 24
PROCUREMENT ARTICLE; AND 25
2. THE PLANS ADOPT ED UNDER TITLE 1, SUBTITLE 4 26
AND TITLE 3 OF THE LAND USE ARTICLE. 27
(c) (3) (ii) A local forest conservation program, when approved by the 28
Department, may: 29
HOUSE BILL 723 7
1. Allow clustering and other innovative land use techniques 1
that protect and establish forests where open space is preserved, sensitive areas are 2
protected, and development is physically concentrated; and 3
2. [Waive] PROVIDE FOR THE WAIVE R OR MODIFICATION 4
OF the requirements of this subtitle for previously developed areas covered by impervious 5
surface and located in priority funding areas at the time of the application for subdivision 6
plan, grading, or sediment control permit approval. 7
5–1605. 8
(d) (1) AT LEAST 20 DAYS BEFORE APPROVAL OF THE FOREST 9
CONSERVATION PLAN , THE DEPARTMENT OR LOCAL A UTHORITY SHALL : 10
(I) PROVIDE NOTICE THAT I S CONSISTENT WITH LO CAL 11
AUTHORITY NOTICE REQ UIREMENTS TO ALL PRO PERTY OWNERS ABUTTIN G AND 12
ADJACENT TO THE BOUN DARY OF THE SUBJECT PROPERTY OF ANY PROP OSED 13
CLEARING OF A PRIORI TY RETENTION AREA AS DESCRIBED IN § 5–1607(C) OF THIS 14
SUBTITLE; AND 15
(II) 1. ON A NET TRACT AREA O F AT LEAST 5 ACRES AND IF 16
AT LEAST 75% OF THE PRIORITY RETE NTION AREA IS PROPOS ED TO BE CLEARED , 17
PROVIDE AN OPPORTUNI TY FOR WRITTEN AND V ERBAL COMMENT BEFORE PLAN 18
APPROVAL; OR 19
2. FOR ANY OTHER PROJECT WHERE PRIORITY 20
RETENTION AREA IS PR OPOSED FOR CLEARING , PROVIDE AN OPPORTUNI TY FOR 21
PUBLIC WRITTEN COMME NT BEFORE PLAN APPRO VAL. 22
(2) PROPERTY SEPARATED FR OM THE SUBJECT PROPE RTY BY A 23
PUBLIC RIGHT–OF–WAY SHALL BE CONSIDE RED ABUTTING AND ADJ ACENT. 24
(3) (I) Within 45 days from receipt of the forest conservation plan, the 25
Department or local authority shall notify the applicant whether the forest conservation 26
plan is complete. 27
(II) If the Department or local authority fails to notify the applicant 28
about the forest conservation plan within 45 days, the plan shall be treated as complete 29
and approved. 30
(III) The Department or local authority may require further 31
information or provide for an extension of this deadline for an additional 15 days for 32
extenuating circumstances. 33
8 HOUSE BILL 723
(IV) In addition, at the request of the applicant, the State or local 1
authority may extend this deadline for extenuating circumstances. 2
(4) (I) A PERSON PETITIONING F OR JUDICIAL REVIEW O F AN 3
APPROVED FOREST CONS ERVATION PLAN SHALL FILE THE PETITION IN 4
ACCORDANCE WITH THE MARYLAND RULES NOT LATER THAN 30 DAYS AFTER 5
APPROVAL OF THE FORE ST CONSERVATION PLAN . 6
(II) ANY JUDICIAL REVIEW O F A FOREST CONSERVAT ION PLAN 7
SHALL BE: 8
1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND 9
RULES; AND 10
2. LIMITED TO THE RECORD COMPILED BY THE 11
DEPARTMENT OR THE LOC AL AUTHORITY. 12
5–1606. 13
(a) (1) For the following land use categories, tracts having less than 20% of the 14
net tract area in forest cover shall be afforested up to 20% of the net tract area: 15
(i) Agriculture and resource areas; and 16
(ii) Medium density residential areas. 17
(2) For the following land use categories, tracts having less than 15% of the 18
net tract area in forest cover shall be afforested up to 15% of the net tract area: 19
(i) Institutional development areas; 20
(ii) High density residential areas; 21
(iii) Mixed use and planned unit development areas; and 22
(iv) Commercial and industrial use areas. 23
(3) Afforestation requirements must conform to the conditions in §§ 5–1607 24
and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if 25
afforestation on–site or off–site cannot be reasonably accomplished. 26
(4) (i) The afforestation requirements under this subsection shall be 27
accomplished within 1 year or 2 growing seasons after the completion of the development 28
project. 29
HOUSE BILL 723 9
(ii) If afforestation cannot be reasonably accomplished on–site or 1
off–site, the requirement to contribute money to a Forest Conservation Fund under § 2
5–1610 of this subtitle shall be met within 90 days after the completion of the development 3
project. 4
(5) Linear projects that involve no change in land use may not be subject 5
to afforestation requirements. 6
(6) SOLAR PHOTOVOLTAIC FA CILITIES MAY NOT BE SUBJECT TO 7
AFFORESTATION REQUIR EMENTS UNDER THIS SU BTITLE. 8
(b) There is a forest conservation threshold established for all land use categories 9
as provided in subsection (c) of this section. The forest conservation threshold means the 10
percentage of the net tract area at which the reforestation requirement changes from a 11
ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1 12
acre removed. 13
(c) After every reasonable effort to minimize the cutting or clearing of trees and 14
other woody plants is exhausted in the development of a subdivision plan and grading and 15
sediment control activities and implementation of the forest conservation plan, the forest 16
conservation plan shall provide for reforestation, or payment into the Forest Conservation 17
Fund, according to the formula set forth in subsection (b) of this section and consistent with 18
the following forest conservation thresholds for the applicable land use category: 19
(1) Agricultural and resource areas: 50% of net tract area; 20
(2) Medium density residential areas: 25% of net tract area; 21
(3) Institutional development areas: 20% of net tract area; 22
(4) High density residential areas: 20% of net tract area; 23
(5) Mixed use and planned unit development areas: 15% of net tract area; 24
and 25
(6) Commercial and industrial use areas: 15% of net tract area. 26
(d) (1) Subject to the provisions of paragraph (2) of this subsection § 5–1606.1 27
OF THIS SUBTITLE: 28
(I) EXCEPT AS PROVIDED IN ITEM (II) OF THIS PARAGRAPH , for 29
all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area 30
above the applicable forest conservation threshold, the area of forest removed shall be 31
reforested at a ratio of 1/4 1 acre planted for every 1 acre removed. REMOVED; AND 32
10 HOUSE BILL 723
(II) FOR ALL EXISTING FORE ST COVER LOCATED IN A PRIORITY 1
FUNDING AREA DESIGNA TED UNDER § 5–7B–03 OF THE STATE FINANCE AND 2
PROCUREMENT ARTICLE, AND NOT IDENTIFIED A S A PRIORITY FOR RET ENTION AS 3
DESCRIBED IN § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10 4
ACRE CLEARED ON THE NET TRACT AREA , THE AREA OF FOREST R EMOVED SHALL 5
BE REFORESTED AT A R ATIO OF 1/2 ACRE PLANTED FOR EVERY 1 ACRE REMOVED . 6
(2) UPON MEETING THE REFO RESTATION AND AFFORE STATION 7
REQUIREMENTS IN THIS SECTION, ALL UNFORESTED RIPAR IAN BUFFERS ON SITE 8
SHALL BE AFFORESTED AND REFORESTED , UNLESS THE APPLICANT 9
DEMONSTRATES TO THE DEPARTMENT OR THE LOC AL AUTHORITY THAT 10
AFFORESTATION IN THE RIPARIAN BUFFER : 11
(I) WOULD BE IN CONFLICT WITH ALLOWABLE USES AS 12
ESTABLISHED FOR THE RIPARIAN BUFFER ; 13
(II) IS LOCATED ON PARK PR OPERTY AND CONFLICTS WITH THE 14
MISSION AND ESTABLIS HED STEWARDSHIP PRAC TICES OF THE PARK; OR 15
(III) IS NOT SUITABLE FOR T HE ESTABLISHMENT AND 16
RETENTION OF THE REQ UIRED PLANTING MATER IALS, IN WHICH CASE SUBSTI TUTE 17
ENVIRONMENTAL PROTEC TION MEASURES MUST B E IMPLEMENTED . 18
(2) Each acre of forest retained on the net tract area above the applicable 19
forest conservation threshold shall be credited against the total number of acres required 20
to be reforested under paragraph (1) of this subsection. 21
(e) For all existing forest cover measured to the nearest 1/10 acre cleared on the 22
net tract area below the applicable forest conservation threshold, the area of forest removed 23
shall be reforested at a ratio of 2 acres planted for every 1 acre removed. 24
(f) (C) (1) The reforestation requirements under this section shall be 25
accomplished within 1 year or 2 growing seasons after completion of the development 26
project. 27
(2) If reforestation cannot be reasonably accomplished on–site or off–site, 28
the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this 29
subtitle shall be met within 90 days after completion of the development project. 30
(g) (D) A EXCEPT AS PROVIDED IN SUBSECTION (A)(6) OF THIS SECTION, 31
A unit of local government with planning and zoning authority may adopt forest 32
conservation thresholds and afforestation and reforestation requirements as part of its local 33
forest conservation program that are more stringent than the forest conservation 34
thresholds and afforestation and reforestation requirements in this section. 35
HOUSE BILL 723 11
(H) ANY REFORESTATION REQ UIREMENTS UNDER THIS SUBTITLE SHALL BE 1
CALCULATED UNDER § 5–1606.1 OF THIS SUBTITLE INS TEAD OF THIS SECTION IF 2
THE ACREAGE OF REQUI RED REFORESTATION IS GREATER AS CALCULATE D UNDER 3
§ 5–1606.1 OF THIS SUBTITLE THA N IS THE CASE AS CAL CULATED UNDER THIS 4
SECTION. 5
5–1606.1. 6
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 7
FOR ALL EXISTING FOR EST COVER MEASURED T O THE NEAREST 1/10 ACRE CLEARED 8
ON A SITE, THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A RATIO OF 1 9
ACRE PLANTED FOR EVE RY 1 ACRE CLEARED . 10
(2) FOR ALL EXISTING PRIORIT Y FOREST COVER , AS DESCRIBED 11
UNDER § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10 ACRE 12
CLEARED ON A SITE , THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A 13
RATIO OF 2 ACRES PLANTED FOR EV ERY 1 ACRE CLEARED . 14
(B) (1) A LOCAL JURISDICTION MAY PROPOSE, AND THE DEPARTMENT 15
MAY APPROVE , ALTERNATIVE AFFOREST ATION, REFORESTATION , AND 16
PRESERVATION REQUIRE MENTS THAT ARE EXPEC TED TO RESULT IN THE LOCAL 17
PROGRAM AT A MINIMUM MAINTAINING ITS EXIS TING LEVEL OF FOREST COVER 18
OVER A 2–YEAR 4–YEAR PERIOD. 19
(2) IF THE DEPARTMENT FINDS THAT THE PROPOSED ALTERNA TIVE 20
AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE NOT 21
EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE LEVEL OF FOREST 22
COVER, THE DEPARTMENT SHALL : 23
(I) REJECT THE PROPOSED A LTERNATIVE AFFORESTA TION, 24
REFORESTATION , AND PRESERVATION REQ UIREMENTS; AND 25
(II) PROVIDE THE LOCAL JUR ISDICTION WITH WRITT EN NOTICE 26
OF THE ELEMENTS OF T HE PROPOSAL THAT NEE D TO BE REVISED. 27
(3) IN DETERMINING WHETHE R PROPOSED ALT ERNATIVE 28
AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE 29
EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE EXISTING LEVEL OF 30
FOREST COVER , THE DEPARTMENT SHALL CONSIDER: 31
(I) CONSIDER CREDITS GENERATED UN DER § 5–1607(B)(3) OF 32
THIS SUBTITLE TO BE FOREST ACREAGE; 33
12 HOUSE BILL 723
(II) BASE ITS DETERMINATIO N ON THE LOCAL ANNUA L 1
REPORTS REQUIRED UND ER § 5–1613 OF THIS SUBTITLE; AND 2
(III) EXCLUDE THE EFFECT OF A PROJECT: 3
1. APPROVED BEFORE JULY 1, 2024; OR 4
2. DESCRIBED IN § 5–1602(B) OF THIS SUBTITLE. 5
(4) THE ON OR BEFORE DECEMBER 31, 2028, THE DEPARTMENT 6
SHALL RESCIND APPROVAL PROVIDE WRITTEN NOTI CE REQUIRING MODIFIC ATION 7
OF ALTERNATIVE AFFOR ESTATION, REFORESTATION , AND PRESERVATION 8
REQUIREMENTS IF THE LOCAL PROGRAM DOES N OT MAINTAIN: 9
(I) MAINTAIN OR EXPAND THE LOCAL JURISDICTI ON’S 10
BASELINE EXISTING LEVEL OF FOREST COVE R OVER TWO CONSECUTI VE 2–YEAR 11
PERIODS; OR 12
(II) SUBMIT THE LOCAL ANNU AL REPORTS REQUIRED UNDER § 13
5–1613 OF THIS SUBTITLE . 14
(5) ON OR AFTER JANUARY 1, 2029, THE DEPARTMENT MAY RESCIN D 15
APPROVAL OF ALTERNAT IVE AFFORESTATION , REFORESTATION , AND 16
PRESERVATION REQUIRE MENTS IF THE LOCAL P ROGRAM DOES NOT MEET A 17
CONDITION SPECIFIED UNDER PARAGRAPH (4)(I) OR (II) OF THIS SUBSECTION . 18
5–1607. 19
(a) The preferred sequence for afforestation and reforestation shall be established 20
by the State or local authority in accordance with the following after all techniques for 21
retaining existing forest cover on–site have been exhausted: 22
(1) Those techniques that enhance existing forest and involve selective 23
clearing or supplemental planting on–site; 24
(2) On–site afforestation or reforestation may be utilized where the 25
retention options have been exhausted. In those cases, the method shall be selected in 26
accordance with subsection (b) of this section, and the location shall be selected in 27
accordance with subsection (d) of this section; 28
(3) (i) Off–site afforestation or reforestation in the same watershed or 29
in accordance with an approved master plan may be utilized where the applicant has 30
demonstrated that no reasonable on–site alternative exists, or where: 31
HOUSE BILL 723 13
1. Any on–site priority areas for afforestation or 1
reforestation have been planted in accordance with subsection (d) of this section; and 2
2. The applicant has justified to the satisfaction of the State 3
or local jurisdiction that environmental benefits associated with off–site afforestation or 4
reforestation would exceed those derived from on–site planting; 5
(ii) In these cases, the method shall be selected in accordance with 6
subsection (b) of this section, and the location shall be selected in accordance with 7
subsection (d) of this section; and 8
(iii) Off–site afforestation or reforestation may include the use of 9
forest mitigation banks which have been so designated in advance by the State or local 10
forest conservation program which is approved by the Department; and 11
(4) The State or local jurisdiction may allow an alternative sequence for a 12
specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans 13
or policies or to take advantage of opportunities to consolidate forest conservation efforts. 14
(b) Standards for meeting afforestation or reforestation requirements shall be 15
established by the State or local program using one or more of the following methods: 16
(1) Forest creation in accordance with a forest conservation plan using one 17
or more of the following: 18
(i) Transplanted or nursery stock; 19
(ii) Whip and seedling stock; or 20
(iii) Natural regeneration where it can be shown to adequately meet 21
the objective of the forest conservation plan[.]; 22
(2) [The] FOR A QUALIFIED PROJE CT, THE use of qualified conservation 23
completed in a forest mitigation bank TO MEET: 24
(I) UP TO 50% OF THE AFFORESTATION OR REFORESTATION 25
REQUIREMENT , in which case, the afforestation or reforestation credit granted may not 26
exceed 50% of the forest area encumbered in perpetuity[.]; OR 27
(II) IF, A LOCAL JURISDICTION PROPOSES, AND AFTER PUBLIC 28
COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUST IFICATION FOR THE 29
INCREASE, UP TO 60% OF THE AFFORESTATION OR REFORESTATION REQ UIREMENT, 30
IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT GRAN TED MAY 31
NOT EXCEED 50% OF THE FOREST AREA E NCUMBERED IN PERPETU ITY; 32
14 HOUSE BILL 723
(3) [The use of street trees in] IN a municipal corporation with a tree 1
management plan, in an existing population center designated in a county master plan that 2
has been adopted to conform with the Economic Growth, Resource Protection, and Planning 3
Act of 1992, or in any other designated area approved by the Department as part of a local 4
program, under criteria established by the local program, subject to the approval of the 5
Department, using: 6
(i) [Street] THE PLANTING OF STREE T trees as a permissible step 7
in the priority sequence for afforestation or reforestation and, based on a mature canopy 8
coverage, may grant full credit as a mitigation technique; [and] 9
(ii) Acquisition as a mitigation technique of an off–site protective 10
easement for existing forested areas not currently protected in perpetuity, in which case 11
the afforestation or reforestation credit granted may not exceed 50% of the area of forest 12
cover protected[.]; 13
(III) THE RESTORATION OF ON– OR OFF–SITE DEGRADED 14
FOREST, INCLUDING SOIL AMENDMENT AND STABIL IZATION ENHANCEMENT 15
WITHOUT GRADING , THE REMOVAL OF INVAS IVE SPECIES, WILDLIFE CONTROL , THE 16
ESTABLISHMENT IMPROVEMENT OF UNDERSTORY , AND NEW TREE PLANTIN GS, AS 17
APPROPRIATE , IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT 18
GRANTED MAY NOT EXCE ED 50% OF THE AREA OF FORES T RESTORED; AND 19
(IV) THE ESTABLISHMENT OF PLANTED GREEN 20
INFRASTRUCTURE OR PLANTED ENVIRONMENTAL SITE D ESIGN PRACTICES BEYO ND 21
THE AMOUNT REQUIRED UNDER § 4–203 OF THE ENVIRONMENT ARTICLE MAY 22
GRANT FULL CREDIT AS A MITIGATION TECHNIQ UE; AND 23
(4) When all other options, both on–site and off–site, have been exhausted, 24
landscaping as a mitigation technique, conducted under an approved landscaping plan that 25
establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area. 26
(c) (1) The following trees, shrubs, plants, and specific areas shall be 27
considered priority for retention and protection, and they shall be left in an undisturbed 28
condition unless the applicant has demonstrated, to the satisfaction of the State or local 29
authority, that reasonable efforts have been made to protect them and the plan cannot 30
reasonably be altered: 31
(i) Trees, shrubs, and plants located in sensitive areas including 32
100–year floodplains, intermittent [and] STREAMS AND THEIR BU FFERS OF AT LEAST 33
50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT 34
LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep 35
slopes, and critical habitats; [and] 36
HOUSE BILL 723 15
(ii) Contiguous forest that connects the largest undeveloped or most 1
vegetated tracts of land within and adjacent to the site; AND 2
(III) TREES, SHRUBS, AND PLANTS FOREST SUITABLE FOR 3
FOREST INTERIOR –DWELLING SPECIES ; 4
(IV) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 5
WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ; 6
(V) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 7
ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS 8
IDENTIFIED BY A LOCA L JURISDICTION; AND 9
(VI) FORESTS IN URBAN AREAS THAT ARE ESSENTIAL: 10
1. AS DELINEATED IN THE PRIORITY URBAN FORES T 11
MAPPING INCLUDED IN THE STATE FOREST CONSERVATION TECHNICAL MANUAL 12
REQUIREMENTS ; OR 13
2. THAT ARE MOST IMPORTA NT FOR PROVIDING 14
WILDLIFE HABITAT OR MITIGATING F LOODING, HIGH TEMPERATURES , OR AIR 15
POLLUTION. 16
(2) The following trees, shrubs, plants, and specific areas shall be 17
considered priority for retention and protection, and they shall be left in an undisturbed 18
condition unless the applicant has demonstrated, to the satisfaction of the State or local 19
authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle: 20
(I) FOREST LAND SUITABLE FOR FOREST INTERIOR –DWELLING 21
SPECIES AND FOREST C ORRIDORS CONNECTING THESE FOREST PATCHES; 22
(II) FOREST LAND LOCATED I N A TARGETED ECOLOGI CAL AREA 23
AS IDENTIFIED BY THE DEPARTMENT ; 24
(III) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 25
WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ; 26
(IV) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 27
ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS 28
IDENTIFIED BY A LOCA L JURISDICTION; 29
[(i)] (V) Trees, shrubs, or plants identified on the list of rare, 30
threatened, and endangered species of the U.S. Fish and Wildlife Service or the 31
Department; 32
16 HOUSE BILL 723
[(ii)] (VI) Trees that are part of a historic site or associated with a 1
historic structure or designated by the Department or local authority as a national, State, 2
or local Champion Tree; and 3
[(iii)] (VII) Trees having a diameter measured at 4.5 feet above the 4
ground of: 5
1. 30 inches; or 6
2. 75% of the diameter, measured at 4.5 feet above the 7
ground, of the current State Champion Tree of that species as designated by the 8
Department. 9
(3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SH ALL ISSUE 10
WRITTEN FINDINGS AND JUSTIFICATION FOR AN Y CLEARING OF A PRIO RITY 11
RETENTION AREA DESCR IBED IN PARAGRAPH (1) OR (2) OF THIS SUBSECTION . 12
(II) ANY JUDICIAL REVIEW O F A FINAL DETERMINAT ION MADE 13
UNDER THIS PARAGRAPH SHALL BE: 14
1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND 15
RULES; AND 16
2. LIMITED TO THE RECORD COMPILED BY THE 17
DEPARTMENT OR THE LOC AL AUTHORITY. 18
(d) The following shall be considered priority for afforestation or reforestation: 19
(1) Establish or enhance forest buffers adjacent to intermittent and 20
perennial streams and coastal bays to widths of at least 50 feet; 21
(2) Establish or increase existing forested corridors to connect existing 22
forests within or adjacent to the site and, where practical, forested corridors should be a 23
minimum of 300 feet in width to facilitate wildlife movement; 24
(3) Establish or enhance forest buffers adjacent to critical habitats where 25
appropriate; 26
(4) Establish or enhance forested areas in 100–year floodplains; 27
(5) Establish plantings to stabilize slopes of 25% or greater and slopes of 28
15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other 29
natural depressions; 30
(6) Establish buffers adjacent to areas of differing land use where 31
appropriate, or adjacent to highways or utility rights–of–way; 32 HOUSE BILL 723 17
(7) Establish forest areas adjacent to existing forests so as to increase the 1
overall area of contiguous forest cover, when appropriate; and 2
(8) Use native plant materials for afforestation or reforestation, when 3
appropriate. 4
(e) (1) As part of the development of a forest conservation program, the State 5
or local government shall develop provisions for: 6
(i) Preservation of areas described in subsections (c) and (d)(1) and 7
(3) of this section; 8
(ii) Retention as forest of all land forested, afforested, or reforested 9
under this subtitle; and 10
(iii) Limitation of uses of forest to those that are not inconsistent with 11
forest conservation, such as recreational activities and forest management under 12
subsection (f) of this section. 13
(2) The provisions required in paragraph (1) of this subsection may include 14
protective agreements for areas of forest conservation, including conservation easements, 15
deed restrictions, and covenants. 16
(f) An owner may place land that is forested, afforested, or reforested under this 17
subtitle in the forest conservation and management program under § 8–211 et seq. of the 18
Tax – Property Article or in a forest management plan prepared by a licensed forester and 19
approved by the local authority or the State. Reforestation shall be required when the final 20
regeneration harvest is complete or if determined to be necessary due to the lack of 21
adequate natural regeneration. 22
5–1610.1. 23
(c) [Mitigation] AFTER DECEMBER 31, 2020, MITIGATION banks may be 24
allowed only [in priority]: 25
(1) IF THE APPLICATION WA S SUBMITTED BEFORE DECEMBER 31, 26
2020; OR 27
(2) WHEN USING: 28
(I) QUALIFIED CONSERVATIO N LOCATED IN PRIORIT Y 29
RETENTION AREAS AS I DENTIFIED IN § 5–1607(C) OF THIS SUBTITLE; OR 30
18 HOUSE BILL 723
(II) NEWLY PLANTED FOREST LOCATED IN PRIORITY 1
AFFORESTATION OR REF ORESTATION areas as identified in § 5–1607(d) of this subtitle 2
or as identified in a comprehensive plan adopted by a local jurisdiction. 3
Article – Tax – Property 4
8–211. 5
(a) (1) In this section the following words have the meaning indicated. 6
(2) “Agreement” means an agreement made under subsection (c) of this 7
section. 8
(3) “Program” means the forest conservation and management program. 9
(b) The Department of Natural Resources shall establish the program to: 10
(1) encourage the preservation or development of land for productive 11
woodland purposes; 12
(2) increase the income of persons in the State from the sale of timber; 13
(3) prevent flooding of land and the loss of the State’s soil; 14
(4) provide wooded areas for the use and enjoyment of all individuals in the 15
State; and 16
(5) promote the welfare and assets of the State. 17
(c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 18
SUBSECTION, THE owner of at least 5 contiguous acres of land may make an agreement 19
with the Department of Natural Resources to place the land in the program. 20
(2) IN BALTIMORE CITY AND ANNE ARUNDEL, BALTIMORE, 21
HOWARD, MONTGOMERY , AND PRINCE GEORGE’S COUNTIES, THE OWNER OF AT 22
LEAST 2 CONTIGUOUS ACRES OF LAND MAY MAKE AN AGR EEMENT WITH THE 23
DEPARTMENT OF NATURAL RESOURCES TO PLACE TH E LAND IN THE PROGRA M. 24
Chapter 645 of the Acts of 2021 25
SECTION 11. AND BE IT FURTHER ENACTED, That, except as provided in 26
Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION 27
7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of 28
June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required 29
by the General Assembly, shall be abrogated and of no further force and effect. Subject to 30
Section 10 of this Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of 31 HOUSE BILL 723 19
10 years and 1 month and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with 1
no further action required by the General Assembly, shall be abrogated and of no further 2
force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1 3
month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required 4
by the General Assembly, shall be abrogated and of no further force and effect. 5
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6
as follows: 7
Article – Natural Resources 8
5–1610. 9
(b) There is a Forest Conservation Fund in the Department. 10
(e) (1) The Department shall accomplish the reforestation or afforestation for 11
which the money is deposited within [2] 5 years or [3] 6 growing seasons, as appropriate, 12
after receipt of the money. 13
(2) Money deposited in the Fund under subsection (c) of this section shall 14
remain in the Fund for a period of [2] 5 years or [3] 6 growing seasons, and at the end of 15
that time period, any portion that has not been used OR ENCUMBERED to meet the 16
afforestation or reforestation requirements shall be returned to the person who provided 17
the money to be used for documented tree planting in the same county or watershed beyond 18
that required by this subtitle or other applicable statutes. 19
SECTION 5. AND BE IT FURTHER ENACTED, That: 20
(a) The Department of Natural Resources shall update the State Forest 21
Conservation Technical Manual on or before December 31, 2024, for consistency with this 22
Act. 23
(b) The updates shall include: 24
(1) guidance on: 25
(i) when the clearing of a priority area for retention described in § 26
5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 27
including for purposes related to forest health or composition; and 28
(ii) the use of site design practices to minimize clearing; and 29
(2) standards by which credit may be granted for the restoration of 30
degraded forest. 31
SECTION 6. AND BE IT FURTHER ENACTED, That the Department of Natural 32
Resources shall establish a workgroup to evaluate and recommend incentives for private 33 20 HOUSE BILL 723
landowners to conserve forest, including adjusting the minimal acreage of contiguous 1
forested land required to qualify for the forest conservation and management program 2
established under § 8–211 of the Tax – Property Article. 3
SECTION 7. AND BE IT FURTHER ENACTED, That, on or before December 31, 4
2023, the Department of Natural Resources shall issue a description of the procedures the 5
Department will use to determine whether a local program is expected to maintain or 6
expand the existing level of forest cover in the jurisdiction. 7
SECTION 8. AND BE IT FURTHER ENACTED, That, on or before December 31, 8
2023, the Department of Natural Resources shall approve or reject alternative 9
afforestation, reforestation, and preservation requirements adopted by a local jurisdiction 10
before September 1, 2023. 11
SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to: 12
(1) a solarvoltaic facility granted a certificate of public convenience and 13
necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 14
before July 1, 2023; 15
(2) a forest conservation plan approved before July 1, 2024, that is 16
associated with a subdivision plan, site plan, building permit, or grading or sediment 17
control application; or 18
(3) a revision to a plan or permit described in item (2) of this section that 19
does not materially alter the proposed or actual limits of disturbance. 20
SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 21
Act shall take effect July 1, 2024. 22
SECTION 4. 11. AND BE IT FURTHER ENACTED, That , except as provided in 23
Section 10 of this Act, this Act shall take effect October July 1, 2023. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.