Maryland 2023 Regular Session

Maryland House Bill HB723 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 541
2	1
3		-	– 1 –
4		-	Chapter 541
5		-	(House Bill 723)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	hb0723
8	9
9		-	Natural Resources – Forest Preservation and Retention
	10	+	HOUSE BILL 723
	11	+	M1 3lr1714
	12	+	CF SB 526
	13	+	By: Delegates Love, Healey, Bridges, and Stein Stein, Addison, Allen, Barve,
	14	+	Boyce, Ciliberti, Foley, Guyton, Holmes, Kerr, J. Long, T. Morgan, and
	15	+	Stewart
	16	+	Introduced and read first time: February 7, 2023
	17	+	Assigned to: Environment and Transportation
	18	+	Committee Report: Favorable with amendments
	19	+	House action: Adopted
	20	+	Read second time: March 21, 2023
10	21
11		-	FOR the purpose of altering the definition of “qualified conservation” for purposes of
12		-	provisions of law related to forest mitigation banks; establishing and authorizing
13		-	altering exemptions from certain afforestation, reforestation, and preservation
14		-	requirements; altering certain alternative methods of calculating forest
15		-	afforestation, reforestation, and preservation requirements; altering the
16		-	development projects for which afforestation or reforestation credits granted may not
17		-	exceed a certain percentage of forest conserved; authorizing local jurisdictions to
18		-	adopt certain alternative afforestation, reforestation, and preservation
19		-	requirements; altering rules for the use of qualified conservation to meet
20		-	afforestation or reforestation requirements; adding certain tree plantings and
21		-	practices as methods that certain municipal corporations may use to meet
22		-	afforestation or reforestation requirements; adding certain areas and vegetation
23		-	considered to be a priority for forest retention and protection under certain
24		-	circumstances; lowering the acreage threshold in certain counties for participation
25		-	in the forest conservation and management program; providing for judicial review of
26		-	certain plans and determinations; extending the time period for the Department of
27		-	Natural Resources to spend certain money deposited in the Forest Conservation
28		-	Fund; requiring the Department to update the State Forest Conservation Technical
29		-	Manual; requiring the Department to establish a workgroup to evaluate and
30		-	recommend incentives for private landowners to conserve forests; and generally
31		-	relating to forest preservation and retention.
	22	+	CHAPTER ______
32	23
33		-	BY repealing
34		-	Article – Natural Resources
35		-	Section 5–101(i) and 5–102(b)(1)
36		-	Annotated Code of Maryland
37		-	(2018 Replacement Volume and 2022 Supplement)
	24	+	AN ACT concerning 1
38	25
39		-	BY renumbering
40		-	Article – Natural Resources
41		-	Section 5–101(j) through (m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8)
42		-	to be Section 5–101(i) through (l) and 5–1601(ii) through (rr) 5–102(b)(3) through (9),
43		-	respectively
44		-	Annotated Code of Maryland
45		-	(2018 Replacement Volume and 2022 Supplement)
	26	+	Natural Resources – Forest Preservation and Retention 2
46	27
47		-	BY repealing and reenacting, without amendments,
48		-	Article – Natural Resources
49		-	Section 5–101(a), 5–1601(a), and 5–1602(a), and 5–1610(b) Ch. 541 2023 LAWS OF MARYLAND
	28	+	FOR the purpose of altering the definition of “qualified conservation” for purposes of 3
	29	+	provisions of law related to forest mitigation banks; establishing and authorizing 4
	30	+	altering exemptions from certain afforestation, reforestation, and preservation 5
	31	+	requirements; altering certain alternative methods of calculating forest 6
	32	+	afforestation, reforestation, and preservation requirements; altering the 7
	33	+	development projects for which afforestation or reforestation credits granted may not 8
	34	+	exceed a certain percentage of forest conserved; authorizing local jurisdictions to 9
	35	+	adopt certain alternative afforestation, reforestation, and preservation 10
	36	+	requirements; altering rules for the use of qualified conservation to meet 11
	37	+	afforestation or reforestation requirements; adding certain tree plantings and 12
	38	+	practices as methods that certain municipal corporations may use to meet 13
	39	+	afforestation or reforestation requirements; adding certain areas and vegetation 14
	40	+	considered to be a priority for forest retention and protection under certain 15
	41	+	circumstances; lowering the acreage threshold in certain counties for participation 16
	42	+	in the forest conservation and management program; providing for judicial review of 17
	43	+	certain plans and determinations; extending the time period for the Department of 18
	44	+	Natural Resources to spend certain money deposited in the Forest Conservation 19
	45	+	Fund; requiring the Department to update the State Forest Conservation Technical 20
	46	+	Manual; requiring the Department to establish a workgroup to evaluate and 21
	47	+	recommend incentives for private landowners to conserve forests; and generally 22
	48	+	relating to forest preservation and retention. 23 2 HOUSE BILL 723
50	49
51		-	– 2 –
52		-	Annotated Code of Maryland
53		-	(2018 Replacement Volume and 2022 Supplement)
54	50
55		-	BY repealing and reenacting, with amendments,
56		-	Article – Natural Resources
57		-	Section 5–101(e), 5–1601(gg), 5–1602(b)(5), 5–1602(b)(4), (5), (12), and (13),
58		-	5–1603(a)(1) and (c)(3)(ii), 5–1605(d), 5–1606, and 5–1607, 5–1610(e), and
59		-	5–1610.1(c)
60		-	Annotated Code of Maryland
61		-	(2018 Replacement Volume and 2022 Supplement)
62	51
63		-	BY adding to
64		-	Article – Natural Resources
65		-	Section 5–101(m), 5–102(b)(1) and (2), 5–1601(hh), 5–1602(b)(14) through (17), and
66		-	5–1606.1
67		-	Annotated Code of Maryland
68		-	(2018 Replacement Volume and 2022 Supplement)
	52	+	BY repealing 1
	53	+	Article – Natural Resources 2
	54	+	Section 5–101(i) and 5–102(b)(1) 3
	55	+	Annotated Code of Maryland 4
	56	+	(2018 Replacement Volume and 2022 Supplement) 5
69	57
70		-	BY repealing and reenacting, without amendments,
71		-	Article – Tax – Property
72		-	Section 8–211(a) and (b)
73		-	Annotated Code of Maryland
74		-	(2019 Replacement Volume and 2022 Supplement)
	58	+	BY renumbering 6
	59	+	Article – Natural Resources 7
	60	+	Section 5–101(j) through (m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8) 8
	61	+	to be Section 5–101(i) through (l) and 5–1601(ii) through (rr) 5–102(b)(3) through (9), 9
	62	+	respectively 10
	63	+	Annotated Code of Maryland 11
	64	+	(2018 Replacement Volume and 2022 Supplement) 12
75	65
76		-	BY repealing and reenacting, ~~with~~ amendments,
77		-	Article – ~~Tax – Property~~
78		-	Section 8–~~211~~(c)
79		-	Annotated Code of Maryland
80		-	(~~2019~~ Replacement Volume and 2022 Supplement)
	66	+	BY repealing and reenacting, without amendments, 13
	67	+	Article – Natural Resources 14
	68	+	Section 5–101(a), 5–1601(a), and 5–1602(a), and 5–1610(b) 15
	69	+	Annotated Code of Maryland 16
	70	+	(2018 Replacement Volume and 2022 Supplement) 17
81	71
82		-	BY repealing and reenacting, with amendments,
83		-	Chapter 645 of the Acts of the General Assembly of 2021
84		-	Section 11
	72	+	BY repealing and reenacting, with amendments, 18
	73	+	Article – Natural Resources 19
	74	+	Section 5–101(e), 5–1601(gg), 5–1602(b)(5), 5–1602(b)(4), (5), (12), and (13), 20
	75	+	5–1603(a)(1) and (c)(3)(ii), 5–1605(d), 5–1606, and 5–1607, 5–1610(e), and 21
	76	+	5–1610.1(c) 22
	77	+	Annotated Code of Maryland 23
	78	+	(2018 Replacement Volume and 2022 Supplement) 24
85	79
86		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
87		-	That Section(s) 5–101(i) of Article – Natural Resources of the Annotated Code of Maryland
88		-	be repealed.
	80	+	BY adding to 25
	81	+	Article – Natural Resources 26
	82	+	Section 5–101(m), 5–102(b)(1) and (2), 5–1601(hh), 5–1602(b)(14) through (17), and 27
	83	+	5–1606.1 28
	84	+	Annotated Code of Maryland 29
	85	+	(2018 Replacement Volume and 2022 Supplement) 30
89	86
90		-	SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5 –101(j) through
91		-	(m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8) of Article – Natural Resources of
92		-	the Annotated Code of Maryland be renumbered to be Section(s) 5–101(i) through (l) and
93		-	5–1601(ii) through (rr) 5–102(b)(3) through (9), respectively.
	87	+	BY repealing and reenacting, without amendments, 31
	88	+	Article – Tax – Property 32
	89	+	Section 8–211(a) and (b) 33
	90	+	Annotated Code of Maryland 34
	91	+	(2019 Replacement Volume and 2022 Supplement) 35
94	92
95		-	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
96		-	as follows:
97		-	WES MOORE, Governor Ch. 541
	93	+	BY repealing and reenacting, with amendments, 36
	94	+	Article – Tax – Property 37
	95	+	Section 8–211(c) 38
	96	+	Annotated Code of Maryland 39
	97	+	(2019 Replacement Volume and 2022 Supplement) 40 HOUSE BILL 723 3
98	98
99		-	– 3 –
100		-	Article – Natural Resources
101	99
102		-	5–101.
103	100
104		-	(a) In this title the following words have the meanings indicated.
	101	+	BY repealing and reenacting, with amendments, 1
	102	+	Chapter 645 of the Acts of the General Assembly of 2021 2
	103	+	Section 11 3
105	104
106		-	(e) (1) “Forest land” means [a biological community dominated by trees and
107		-	other woody plants that are capable of producing timber or other wood products with a
108		-	stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or
109		-	greater diameter at 4.5 feet above the ground] A CONTIGUOUS PATCH O F TREES THAT
110		-	IS AT LEAST 1 ACRE IN SIZE EXHIBIT ING AT LEAST ONE TRA NSECT OF AT LEAST 240
111		-	120 FEET IN WIDTH.
	105	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
	106	+	That Section(s) 5–101(i) of Article – Natural Resources of the Annotated Code of Maryland 5
	107	+	be repealed. 6
112	108
113		-	(2) “Forest land” includes forested areas that have been cut but not
114		-	converted to other land uses.
	109	+	SECTION 2. AND BE IT FURTHER ENACTED, T hat Section(s) 5–101(j) through 7
	110	+	(m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8) of Article – Natural Resources of 8
	111	+	the Annotated Code of Maryland be renumbered to be Section(s) 5–101(i) through (l) and 9
	112	+	5–1601(ii) through (rr) 5–102(b)(3) through (9), respectively. 10
115	113
116		-	~~(M) “TREE~~ ~~CANOPY” MEANS~~ THE ~~CROWNS~~ OF ~~DECIDUOUS AND EVERGR EEN~~
117		-	~~WOODY VEGETATION THA T IS~~:
	114	+	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 11
	115	+	as follows: 12
118	116
119		-	~~(1) THE PRODUCT OF N ATURAL GROWTH OR HUM AN PLANTING; AND~~
	117	+	Article – Natural Resources 13
120	118
121		-	~~(2) GREATER THAN 3 METERS IN HEIGHT~~ .
	119	+	5–101. 14
122	120
123		-	~~5–102~~.
	121	+	(a) In this title the following words have the meanings indicated. 15
124	122
125		-	(b) It is the policy of the State to encourage the retention and sustainable
126		-	management of forest lands by:
	123	+	(e) (1) “Forest land” means [a biological community dominated by trees and 16
	124	+	other woody plants that are capable of producing timber or other wood products with a 17
	125	+	stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or 18
	126	+	greater diameter at 4.5 feet above the ground] A CONTIGUOUS PATCH OF TRE ES THAT 19
	127	+	IS AT LEAST 1 ACRE IN SIZE EXHIBIT ING AT LEAST ONE TRA NSECT OF AT LEAST 240 20
	128	+	120 FEET IN WIDTH. 21
127	129
128		-	[(1) Achieving no net loss of forest;]
	130	+	(2) “Forest land” includes forested areas that have been cut but not 22
	131	+	converted to other land uses. 23
129	132
130		-	(1) INCREASING THE ACREAGE OF INCREASING, AS MEASURED
131		-	EVERY 4 YEARS, THE ACREAGE OF FORES T LAND IN THE STATE AS MEASURED EVERY
132		-	4 YEARS THAT IS:
	133	+	(M) “TREE CANOPY” MEANS THE CROWNS OF DECIDUOUS AND EVERGREEN 24
	134	+	WOODY VEGETATION THA T IS: 25
133	135
134		-	(I) ~~FOREST LAND;~~ OR
	136	+	(1) THE PRODUCT OF NATURA L GROWTH OR HUMAN PL ANTING; AND 26
135	137
136		-	(II) ~~COVERED;~~
	138	+	(2) GREATER THAN 3 METERS IN HEIGHT . 27
137	139
138		-	(2) INCREASING, AS MEASURED EVERY 4 YEARS, THE ACREAGE OF
139		-	LAND IN THE STATE COVERED BY TREE CANOPY , FOR LAND LOCATED INS IDE AN
140		-	URBAN AREA OR AND OUTSIDE AN URBAN ARE A;
	140	+	5–102. 28
141	141
142		-	5–1601.
	142	+	(b) It is the policy of the State to encourage the retention and sustainable 29
	143	+	management of forest lands by: 30
143	144
144		-	(a) ~~In this subtitle the following words have the meanings indicated. Ch. 541 2023 LAWS~~ OF ~~MARYLAND~~
	145	+	[(1) Achieving no net loss of forest;] 31 4 HOUSE BILL 723
145	146
146		-	– 4 –
147	147
148		-	(gg) “Qualified conservation” means the conservation of all or a part of an existing
149		-	forest that:
150	148
151		-	(1) ~~[Was] HAS BEEN approved [on or before December 31, 2020,] by~~ the
152		-	~~appropriate~~ State ~~or local forest conservation program for the purpose of establishing a~~
153		-	~~forest mitigation bank;~~ ~~[and]~~
	149	+	(1) INCREASING THE ACREAG E OF INCREASING, AS MEASURED 1
	150	+	EVERY 4 YEARS, THE ACREAGE OF FORES T LAND IN THE STATE AS MEASURED EVERY 2
	151	+	4 YEARS THAT IS: 3
154	152
155		-	(2) ~~IS NOT LOCATED ON LAN D FOR WHICH:~~
	153	+	(I) FOREST LAND; OR 4
156	154
157		-	(I) DEVELOPMENT OR SUBDIV ISION RIGHTS HAVE BE EN
158		-	MATERIALLY EXTINGUIS HED;
	155	+	(II) COVERED; 5
159	156
160		-	(II) ~~STATE OR LOCAL LAW PR OHIBITS SUBDIVISION~~ OF ~~THE~~
161		-	LAND ~~WITHOUT~~ THE ~~APP ROVAL OF A WAIVER~~ , ~~MODIFICATION , OR VARIANCE,~~ ~~NOT~~
162		-	~~INCLUDING~~ A ~~VARIANCE ISSUED UNDER THIS SU BTITLE~~;
	157	+	(2) INCREASING, AS MEASURED EVERY 4 YEARS, THE ACREAGE OF 6
	158	+	LAND IN THE STATE COVERED BY TREE CANOPY , FOR LAND LOCATED INS IDE AN 7
	159	+	URBAN AREA OR AND OUTSIDE AN URBAN ARE A; 8
163	160
164		-	(III) THE SOIL IS REASONABL Y EXPECTED TO BE UNS UITABLE
165		-	FOR SUPPORTING A CON VENTIONAL SEPTIC SYS TEM AND PUBLIC SEWER SERVICE IS
166		-	NOT PLANNED ; OR
	161	+	5–1601. 9
167	162
168		-	(IV) MAJOR SUBDIVISIONS AR E PROHIBITED BY LOCA L ZONING
169		-	OR § 9–206 OF THE ENVIRONMENT ARTICLE; AND
	163	+	(a) In this subtitle the following words have the meanings indicated. 10
170	164
171		-	(3) Is encumbered in perpetuity by a restrictive easement, covenant, or
172		-	another similar mechanism recorded in the county land records to conserve its character
173		-	as a forest.
	165	+	(gg) “Qualified conservation” means the conservation of all or a part of an existing 11
	166	+	forest that: 12
174	167
175		-	(HH) “QUALIFIED PROJECT ” MEANS A PROJECT :
	168	+	(1) [Was] HAS BEEN approved [on or before December 31, 2020,] by the 13
	169	+	appropriate State or local forest conservation program for the purpose of establishing a 14
	170	+	forest mitigation bank; [and] 15
176	171
177		-	(1) THAT USES QUALIFIED C ONSERVATION FOR WHICH AN
178		-	APPLICATION WAS SUBM ITTED OR APPROVED ON OR BEFORE DECEMBER 31, 2020;
179		-	OR
	172	+	(2) IS NOT LOCATED ON LAN D FOR WHICH: 16
180	173
181		-	(2) THAT IS GOVERNED BY A LOCAL PROGRAM THAT H AS
182		-	ALTERNATIVE AFFOREST ATION, REFORESTATION , AND PRESERVATION
183		-	REQUIREMENTS ADOPTED UNDER § 5–1606.1 OF THIS SUBTITLE.
	174	+	(I) DEVELOPMENT OR SUBDIV ISION RIGHTS HAVE BE EN 17
	175	+	MATERIALLY EXTINGUIS HED; 18
184	176
185		-	5–1602.
	177	+	(II) STATE OR LOCAL LAW PR OHIBITS SUBDIVISION OF THE 19
	178	+	LAND WITHOUT THE APP ROVAL OF A WAIVER , MODIFICATION , OR VARIANCE, NOT 20
	179	+	INCLUDING A VARIANCE ISSUED UNDER THIS SU BTITLE; 21
186	180
187		-	(a) Except as provided in subsection (b) of this section, this subtitle shall apply to
188		-	any public or private subdivision plan or application for a grading or sediment control
189		-	permit by any person, including a unit of State or local government on areas 40,000 square
190		-	feet or greater. WES MOORE, Governor Ch. 541
	181	+	(III) THE SOIL IS REASONABL Y EXPECTED TO BE UNS UITABLE 22
	182	+	FOR SUPPORTING A CON VENTIONAL SEPTIC SYSTEM AND PU BLIC SEWER SERVICE I S 23
	183	+	NOT PLANNED ; OR 24
191	184
192		-	– 5 –
	185	+	(IV) MAJOR SUBDIVISIONS AR E PROHIBITED BY LOCA L ZONING 25
	186	+	OR § 9–206 OF THE ENVIRONMENT ARTICLE; AND 26
193	187
194		-	(b) The provisions of this subtitle do not apply to:
	188	+	(3) Is encumbered in perpetuity by a restrictive easement, covenant, or 27
	189	+	another similar mechanism recorded in the county land records to conserve its character 28
	190	+	as a forest. 29
195	191
196		-	(4) Any agricultural activity that does not result in a change in land use
197		-	category, including THE OPERATION OF ORC HARDS AND TREE FARMS AND THE
198		-	CONSTRUCTION AND USE OF agricultural support buildings and other related structures
199		-	built using accepted best management practices;
	192	+	(HH) “QUALIFIED PROJECT ” MEANS A PROJECT : 30 HOUSE BILL 723 5
200	193
201		-	(5) The cutting or clearing of public utility rights–of–way [or land] for
202		-	electric generating stations licensed pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of
203		-	the Public Utilities Article, provided that:
204	194
205		-	(i) Any required certificates of public convenience and necessity
206		-	have been issued in accordance with § 5–1603(f) of this subtitle; and
207	195
208		-	(ii) The cutting or clearing of the forest is conducted so as to
209		-	minimize the loss of forest;
	196	+	(1) THAT USES QUALIFIED C ONSERVATION FOR WHIC H AN 1
	197	+	APPLICATION WAS SUBM ITTED OR APPROVED ON OR BEFORE DECEMBER 31, 2020; 2
	198	+	OR 3
210	199
211		-	(12) ~~Any stream restoration project for which the applicant for~~ a ~~grading or~~
212		-	~~sediment control permit has executed a binding maintenance agreement of at least~~ 5 ~~years~~
213		-	~~with the affected property owner;~~ ~~[and]~~
	200	+	(2) THAT IS GOVERNED BY A LOCAL PROGRAM THAT H AS 4
	201	+	ALTERNATIVE AFFOREST ATION, REFORESTATION , AND PRESERVATION 5
	202	+	REQUIREMENTS ADOPTED UNDER § 5–1606.1 OF THIS SUBTITLE. 6
214	203
215		-	(13) Maintenance or retrofitting of a stormwater management structure
216		-	that may include clearing of vegetation or removal and trimming of trees, so long as the
217		-	maintenance or retrofitting is within the original limits of disturbance for construction of
218		-	the existing structure, or within any maintenance easement for access to the structure;
	204	+	5–1602. 7
219	205
220		-	(14) FOREST MANAGEMENT ;
	206	+	(a) Except as provided in subsection (b) of this section, this subtitle shall apply to 8
	207	+	any public or private subdivision plan or application for a grading or sediment control 9
	208	+	permit by any person, including a unit of State or local government on areas 40,000 square 10
	209	+	feet or greater. 11
221	210
222		-	(15) TRANSIT–ORIENTED DEVELOPMENT , AS DEFINED UNDER § 7–101
223		-	OF THE TRANSPORTATION ARTICLE, PROVIDED THAT THE AR EA OF FOREST
224		-	REMOVED SHALL BE :
	211	+	(b) The provisions of this subtitle do not apply to: 12
225	212
226		-	(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE
227		-	REPLANTED FOR EACH A CRE REMOVED ; OR
	213	+	(4) Any agricultural activity that does not result in a change in land use 13
	214	+	category, including THE OPERATION OF ORC HARDS AND TREE FARMS AND THE 14
	215	+	CONSTRUCTION AND USE OF agricultural support buildings and other related structures 15
	216	+	built using accepted best management practices; 16
228	217
229		-	(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS
230		-	PERMANENTLY PROTECTE D FOR EACH ACRE REMO VED;
	218	+	(5) The cutting or clearing of public utility rights–of–way [or land] for 17
	219	+	electric generating stations licensed pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of 18
	220	+	the Public Utilities Article, provided that: 19
231	221
232		-	(16) ~~THE CONSTRUCTION~~ OF ~~A NEW FEDERAL GOVERNME NT FACILITY~~
233		-	~~PROJECTED TO HOUSE T HE EMPLOYMENT~~ OF ~~AT LEAST 2,500 PERSONS~~; AND
	222	+	(i) Any required certificates of public convenience and necessity 20
	223	+	have been issued in accordance with § 5–1603(f) of this subtitle; and 21
234	224
235		-	(17) THE CONSTRUCTION OF M ULTIFAMILY HOUSING , CONSISTING OF
236		-	A SINGLE STRUCTURE C ONTAINING AT LEAST 25 DWELLING UNITS , PROVIDED THAT
237		-	THE AREA OF FOREST R EMOVED SHALL BE : Ch. 541 2023 LAWS OF MARYLAND
	225	+	(ii) The cutting or clearing of the forest is conducted so as to 22
	226	+	minimize the loss of forest; 23
238	227
239		-	– 6 –
	228	+	(12) Any stream restoration project for which the applicant for a grading or 24
	229	+	sediment control permit has executed a binding maintenance agreement of at least 5 years 25
	230	+	with the affected property owner; [and] 26
240	231
241		-	(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE
242		-	REPLANTED FOR EACH A CRE REMOVED ; OR
	232	+	(13) Maintenance or retrofitting of a stormwater management structure 27
	233	+	that may include clearing of vegetation or removal and trimming of trees, so long as the 28
	234	+	maintenance or retrofitting is within the original limits of disturbance for construction of 29
	235	+	the existing structure, or within any maintenance easement for access to the structure; 30
243	236
244		-	(II) ~~MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF~~ FOREST IS
245		-	~~PERMANENTLY PROTECTE D FOR EACH ACRE REMO VED.~~
	237	+	(14) FOREST MANAGEMENT ; 31
	238	+	6 HOUSE BILL 723
246	239
247		-	5–1603.
248	240
249		-	(a) (1) A unit of local government having planning and zoning authority shall
250		-	develop a local forest conservation program[, consistent]:
	241	+	(15) TRANSIT–ORIENTED DEVELOPMENT , AS DEFINED UNDER § 7–101 1
	242	+	OF THE TRANSPORTATION ARTICLE, PROVIDED THAT THE AR EA OF FOREST 2
	243	+	REMOVED SHALL BE : 3
251	244
252		-	(I) ~~CONSISTENT with the intent, requirements, and standards~~ of
253		-	~~this subtitle~~; ~~AND~~
	245	+	(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE 4
	246	+	REPLANTED FOR EACH A CRE REMOVED ; OR 5
254	247
255		-	(II) ~~AFFORDING DUE CONSIDE RATION TO THE POLICY GOALS~~
256		-	~~ESTABLISHED UNDER :~~
	248	+	(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS 6
	249	+	PERMANENTLY PROTECTE D FOR EACH ACRE REMO VED; 7
257	250
258		-	~~1. TITLE 5, SUBTITLE 7A~~ OF ~~THE STATE FINANCE AND~~
259		-	~~PROCUREMENT ARTICLE~~; AND
	251	+	(16) THE CONSTRUCTION OF A NEW FEDERAL GOVERNME NT FACILITY 8
	252	+	PROJECTED TO HOUSE T HE EMPLOYMENT OF AT LEAST 2,500 PERSONS; AND 9
260	253
261		-	2. THE PLANS ADOPTED UND ER TITLE 1, SUBTITLE 4
262		-	AND TITLE 3 OF THE LAND USE ARTICLE.
	254	+	(17) THE CONSTRUCTION OF MULTIFAMI LY HOUSING, CONSISTING OF 10
	255	+	A SINGLE STRUCTURE C ONTAINING AT LEAST 25 DWELLING UNITS , PROVIDED THAT 11
	256	+	THE AREA OF FOREST R EMOVED SHALL BE : 12
263	257
264		-	(c) ~~(3) (ii)~~ A ~~local forest conservation program,~~ ~~when approved by the~~
265		-	~~Department, may:~~
	258	+	(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE 13
	259	+	REPLANTED FOR EACH A CRE REMOVED ; OR 14
266	260
267		-	1. Allow clustering and other innovative land use techniques
268		-	that protect and establish forests where open space is preserved, sensitive areas are
269		-	protected, and development is physically concentrated; and
	261	+	(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS 15
	262	+	PERMANENTLY PROTECTE D FOR EACH ACRE REMO VED. 16
270	263
271		-	2. [Waive] PROVIDE FOR THE WAIVE R OR MODIFICATION
272		-	OF the requirements of this subtitle for previously developed areas covered by impervious
273		-	surface and located in priority funding areas at the time of the application for subdivision
274		-	plan, grading, or sediment control permit approval.
	264	+	5–1603. 17
275	265
276		-	5–1605.
	266	+	(a) (1) A unit of local government having planning and zoning authority shall 18
	267	+	develop a local forest conservation program[, consistent]: 19
277	268
278		-	(d) ~~(1) AT LEAST~~ 20 ~~DAYS BEFORE APPROVAL OF THE FOREST~~
279		-	~~CONSERVATION PLAN , THE DEPARTMENT OR LOCAL A UTHORITY SHALL :~~
	269	+	(I) CONSISTENT with the intent, requirements, and standards of 20
	270	+	this subtitle; AND 21
280	271
281		-	(I) PROVIDE NOTICE THAT I S CONSISTENT WITH LO CAL
282		-	AUTHORITY NOTICE REQ UIREMENTS TO ALL PRO PERTY OWNERS ABUTTIN G AND
283		-	ADJACENT TO THE BOUN DARY OF THE SU BJECT PROPERTY OF AN Y PROPOSED WES MOORE, Governor Ch. 541
	272	+	(II) AFFORDING DUE CONSIDE RATION TO THE POLICY GOALS 22
	273	+	ESTABLISHED UNDER : 23
284	274
285		-	– 7 –
286		-	CLEARING OF A PRIORI TY RETENTION AREA AS DESCRIBED IN § 5–1607(C) OF THIS
287		-	SUBTITLE; AND
	275	+	1. TITLE 5, SUBTITLE 7A OF THE STATE FINANCE AND 24
	276	+	PROCUREMENT ARTICLE; AND 25
288	277
289		-	(II) 1. ON A NET TRACT AREA O F AT LEAST 5 ACRES AND IF
290		-	AT LEAST 75% OF THE PRIORITY RETE NTION AREA IS PROPOS ED TO BE CLEARED ,
291		-	PROVIDE AN OPPORTUNITY FOR W RITTEN AND VERBAL CO MMENT BEFORE PLAN
292		-	APPROVAL; OR
	278	+	2. THE PLANS ADOPT ED UNDER TITLE 1, SUBTITLE 4 26
	279	+	AND TITLE 3 OF THE LAND USE ARTICLE. 27
293	280
294		-	~~2. FOR ANY OTHER PROJECT WHERE PRIORITY~~
295		-	~~RETENTION AREA IS PR OPOSED FOR CLEARING~~ , ~~PROVIDE AN OPPORTUNI TY FOR~~
296		-	~~PUBLIC WRITTEN COMME NT BEFORE PLAN APPRO VAL.~~
	281	+	(c) (3) (ii) A local forest conservation program, when approved by the 28
	282	+	Department, may: 29
	283	+	HOUSE BILL 723 7
297	284
298		-	(2) PROPERTY SEPARATED FROM THE SUBJECT PRO PERTY BY A
299		-	PUBLIC RIGHT–OF–WAY SHALL BE CONSIDE RED ABUTTING AND ADJ ACENT.
300	285
301		-	~~(3) (I) Within 45 days from receipt of the forest conservation plan, the~~
302		-	~~Department or local authority shall notify the applicant whether the forest conservation~~
303		-	~~plan~~ is ~~complete.~~
	286	+	1. Allow clustering and other innovative land use techniques 1
	287	+	that protect and establish forests where open space is preserved, sensitive areas are 2
	288	+	protected, and development is physically concentrated; and 3
304	289
305		-	(II) If the Department or local authority fails to notify the applicant
306		-	about the forest conservation plan within 45 days, the plan shall be treated as complete
307		-	and approved.
	290	+	2. [Waive] PROVIDE FOR THE WAIVE R OR MODIFICATION 4
	291	+	OF the requirements of this subtitle for previously developed areas covered by impervious 5
	292	+	surface and located in priority funding areas at the time of the application for subdivision 6
	293	+	plan, grading, or sediment control permit approval. 7
308	294
309		-	(III) The Department or local authority may require further
310		-	information or provide for an extension of this deadline for an additional 15 days for
311		-	extenuating circumstances.
	295	+	5–1605. 8
312	296
313		-	(IV) ~~In addition,~~ at ~~the request~~ of the ~~applicant, the State or local~~
314		-	~~authority may extend this deadline for extenuating circumstances.~~
	297	+	(d) (1) AT LEAST 20 DAYS BEFORE APPROVAL OF THE FOREST 9
	298	+	CONSERVATION PLAN , THE DEPARTMENT OR LOCAL A UTHORITY SHALL : 10
315	299
316		-	(4) (I) A PERSON PETITIONING F OR JUDICIAL REVIEW O F AN
317		-	APPROVED FOREST CONS ERVATION PLAN SHALL FILE THE PETITION IN
318		-	ACCORDANCE WITH THE MARYLAND RULES NOT LATER THAN 30 DAYS AFTER
319		-	APPROVAL OF THE FORE ST CONSERVATION PLAN .
	300	+	(I) PROVIDE NOTICE THAT I S CONSISTENT WITH LO CAL 11
	301	+	AUTHORITY NOTICE REQ UIREMENTS TO ALL PRO PERTY OWNERS ABUTTIN G AND 12
	302	+	ADJACENT TO THE BOUN DARY OF THE SUBJECT PROPERTY OF ANY PROP OSED 13
	303	+	CLEARING OF A PRIORI TY RETENTION AREA AS DESCRIBED IN § 5–1607(C) OF THIS 14
	304	+	SUBTITLE; AND 15
320	305
321		-	(II) ANY JUDICIAL REVIEW O F A FOREST CONSERVAT ION PLAN
322		-	SHALL BE:
	306	+	(II) 1. ON A NET TRACT AREA O F AT LEAST 5 ACRES AND IF 16
	307	+	AT LEAST 75% OF THE PRIORITY RETE NTION AREA IS PROPOS ED TO BE CLEARED , 17
	308	+	PROVIDE AN OPPORTUNI TY FOR WRITTEN AND V ERBAL COMMENT BEFORE PLAN 18
	309	+	APPROVAL; OR 19
323	310
324		-	1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND
325		-	RULES; AND
	311	+	2. FOR ANY OTHER PROJECT WHERE PRIORITY 20
	312	+	RETENTION AREA IS PR OPOSED FOR CLEARING , PROVIDE AN OPPORTUNI TY FOR 21
	313	+	PUBLIC WRITTEN COMME NT BEFORE PLAN APPRO VAL. 22
326	314
327		-	2. LIMITED TO THE RECORD COMPILED BY THE
328		-	DEPARTMENT OR THE LOC AL AUTHORITY.
329		-	Ch. 541 2023 LAWS OF MARYLAND
	315	+	(2) PROPERTY SEPARATED FR OM THE SUBJECT PROPE RTY BY A 23
	316	+	PUBLIC RIGHT–OF–WAY SHALL BE CONSIDE RED ABUTTING AND ADJ ACENT. 24
330	317
331		-	– 8 –
332		-	5–1606.
	318	+	(3) (I) Within 45 days from receipt of the forest conservation plan, the 25
	319	+	Department or local authority shall notify the applicant whether the forest conservation 26
	320	+	plan is complete. 27
333	321
334		-	(a) (1) For the following land use categories, tracts having less than 20% of the
335		-	net tract area in forest cover shall be afforested up to 20% of the net tract area:
	322	+	(II) If the Department or local authority fails to notify the applicant 28
	323	+	about the forest conservation plan within 45 days, the plan shall be treated as complete 29
	324	+	and approved. 30
336	325
337		-	(i) Agriculture and resource areas; and
	326	+	(III) The Department or local authority may require further 31
	327	+	information or provide for an extension of this deadline for an additional 15 days for 32
	328	+	extenuating circumstances. 33
	329	+	8 HOUSE BILL 723
338	330
339		-	(ii) Medium density residential areas.
340	331
341		-	(2) ~~For~~ the ~~following land use categories, tracts having less than 15%~~ of the
342		-	~~net tract area in forest cover shall be afforested up to 15% of the net tract area:~~
	332	+	(IV) In addition, at the request of the applicant, the State or local 1
	333	+	authority may extend this deadline for extenuating circumstances. 2
343	334
344		-	(i) Institutional development areas;
	335	+	(4) (I) A PERSON PETITIONING F OR JUDICIAL REVIEW O F AN 3
	336	+	APPROVED FOREST CONS ERVATION PLAN SHALL FILE THE PETITION IN 4
	337	+	ACCORDANCE WITH THE MARYLAND RULES NOT LATER THAN 30 DAYS AFTER 5
	338	+	APPROVAL OF THE FORE ST CONSERVATION PLAN . 6
345	339
346		-	(ii) High density residential areas;
	340	+	(II) ANY JUDICIAL REVIEW O F A FOREST CONSERVAT ION PLAN 7
	341	+	SHALL BE: 8
347	342
348		-	(iii) Mixed use and planned unit development areas; and
	343	+	1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND 9
	344	+	RULES; AND 10
349	345
350		-	(iv) Commercial and industrial use areas.
	346	+	2. LIMITED TO THE RECORD COMPILED BY THE 11
	347	+	DEPARTMENT OR THE LOC AL AUTHORITY. 12
351	348
352		-	(3) Afforestation requirements must conform to the conditions in §§ 5–1607
353		-	and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if
354		-	afforestation on–site or off–site cannot be reasonably accomplished.
	349	+	5–1606. 13
355	350
356		-	(4) (i) The afforestation requirements under this subsection shall be
357		-	accomplished within 1 year or 2 growing seasons after the completion of the development
358		-	project.
	351	+	(a) (1) For the following land use categories, tracts having less than 20% of the 14
	352	+	net tract area in forest cover shall be afforested up to 20% of the net tract area: 15
359	353
360		-	(ii) If afforestation cannot be reasonably accomplished on–site or
361		-	off–site, the requirement to contribute money to a Forest Conservation Fund under §
362		-	5–1610 of this subtitle shall be met within 90 days after the completion of the development
363		-	project.
	354	+	(i) Agriculture and resource areas; and 16
364	355
365		-	(5) Linear projects that involve no change in land use may not be subject
366		-	to afforestation requirements.
	356	+	(ii) Medium density residential areas. 17
367	357
368		-	(6) ~~SOLAR PHOTOVOLTAIC FA CILITIES MAY NOT BE SUBJECT TO~~
369		-	~~AFFORESTATION REQUIR EMENTS UNDER THIS SU BTITLE.~~
	358	+	(2) For the following land use categories, tracts having less than 15% of the 18
	359	+	net tract area in forest cover shall be afforested up to 15% of the net tract area: 19
370	360
371		-	(b) There is a forest conservation threshold established for all land use categories
372		-	as provided in subsection (c) of this section. The forest conservation threshold means the
373		-	percentage of the net tract area at which the reforestation requirement changes from a
374		-	ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1
375		-	acre removed.
376		-	WES MOORE, Governor Ch. 541
	361	+	(i) Institutional development areas; 20
377	362
378		-	– 9 –
379		-	(c) After every reasonable effort to minimize the cutting or clearing of trees and
380		-	other woody plants is exhausted in the development of a subdivision plan and grading and
381		-	sediment control activities and implementation of the forest conservation plan, the forest
382		-	conservation plan shall provide for reforestation, or payment into the Forest Conservation
383		-	Fund, according to the formula set forth in subsection (b) of this section and consistent with
384		-	the following forest conservation thresholds for the applicable land use category:
	363	+	(ii) High density residential areas; 21
385	364
386		-	(1) ~~Agricultural~~ and ~~resource~~ areas~~: 50% of net tract area~~;
	365	+	(iii) Mixed use and planned unit development areas; and 22
387	366
388		-	(2) ~~Medium density residential~~ areas~~: 25%~~ ~~of net tract area;~~
	367	+	(iv) Commercial and industrial use areas. 23
389	368
390		-	(3) Institutional development areas: 20% of net tract area;
	369	+	(3) Afforestation requirements must conform to the conditions in §§ 5–1607 24
	370	+	and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if 25
	371	+	afforestation on–site or off–site cannot be reasonably accomplished. 26
391	372
392		-	(4) High density residential areas: 20% of net tract area;
	373	+	(4) (i) The afforestation requirements under this subsection shall be 27
	374	+	accomplished within 1 year or 2 growing seasons after the completion of the development 28
	375	+	project. 29
	376	+	HOUSE BILL 723 9
393	377
394		-	(5) Mixed use and planned unit development areas: 15% of net tract area;
395		-	and
396	378
397		-	(6) Commercial and industrial use areas: 15% of net tract area.
	379	+	(ii) If afforestation cannot be reasonably accomplished on–site or 1
	380	+	off–site, the requirement to contribute money to a Forest Conservation Fund under § 2
	381	+	5–1610 of this subtitle shall be met within 90 days after the completion of the development 3
	382	+	project. 4
398	383
399		-	(d) ~~(1)~~ Subject ~~to the provisions of paragraph (2) of this subsection § 5–1606.1~~
400		-	~~OF THIS SUBTITLE:~~
	384	+	(5) Linear projects that involve no change in land use may not be subject 5
	385	+	to afforestation requirements. 6
401	386
402		-	(I) EXCEPT AS PROVIDED IN ITEM (II) OF THIS PARAGRAPH , for
403		-	all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area
404		-	above the applicable forest conservation threshold, the area of forest removed shall be
405		-	reforested at a ratio of 1/4 1 acre planted for every 1 acre removed. REMOVED; AND
	387	+	(6) SOLAR PHOTOVOLTAIC FA CILITIES MAY NOT BE SUBJECT TO 7
	388	+	AFFORESTATION REQUIR EMENTS UNDER THIS SU BTITLE. 8
406	389
407		-	(II) FOR ALL EXISTING FORE ST COVER LOCATED IN A PRIORITY
408		-	FUNDING AREA DESIGNA TED UNDER § 5–7B–03 OF THE STATE FINANCE AND
409		-	PROCUREMENT ARTICLE, AND NOT IDENTIFIED A S A PRIORITY FOR RET ENTION AS
410		-	DESCRIBED IN § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10
411		-	ACRE CLEARED ON THE NET TRACT AREA , THE AREA OF FOREST R EMOVED SHALL
412		-	BE REFORESTED AT A R ATIO OF 1/2 ACRE PLANTE D FOR EVERY 1 ACRE REMOVED .
	390	+	(b) There is a forest conservation threshold established for all land use categories 9
	391	+	as provided in subsection (c) of this section. The forest conservation threshold means the 10
	392	+	percentage of the net tract area at which the reforestation requirement changes from a 11
	393	+	ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1 12
	394	+	acre removed. 13
413	395
414		-	(2) UPON MEETING THE REFO RESTATION AND AFFORE STATION
415		-	REQUIREMENTS IN THIS SECTION, ALL UNFORESTED RIPAR IAN BUFFERS ON SITE
416		-	SHALL BE AFFORESTED AND REFORESTED , UNLESS THE APPLICANT
417		-	DEMONSTRATES TO THE DEPARTMENT OR THE LOC AL AUTHORITY THAT
418		-	AFFORESTATION IN THE RIPARIAN BUFFER :
	396	+	(c) After every reasonable effort to minimize the cutting or clearing of trees and 14
	397	+	other woody plants is exhausted in the development of a subdivision plan and grading and 15
	398	+	sediment control activities and implementation of the forest conservation plan, the forest 16
	399	+	conservation plan shall provide for reforestation, or payment into the Forest Conservation 17
	400	+	Fund, according to the formula set forth in subsection (b) of this section and consistent with 18
	401	+	the following forest conservation thresholds for the applicable land use category: 19
419	402
420		-	(I) WOULD BE IN CONFLICT WITH ALLOWABLE USES AS
421		-	ESTABLISHED FOR THE RIPARIAN BUFFER ;
422		-	Ch. 541 2023 LAWS OF MARYLAND
	403	+	(1) Agricultural and resource areas: 50% of net tract area; 20
423	404
424		-	– 10 –
425		-	(II) IS LOCATED ON PARK PR OPERTY AND CONFLICTS WITH THE
426		-	MISSION AND ESTABLIS HED STEWARDSHIP PRAC TICES OF THE PARK; OR
	405	+	(2) Medium density residential areas: 25% of net tract area; 21
427	406
428		-	(III) IS NOT SUITABLE FOR T HE ESTABLISHMENT AND
429		-	RETENTION OF THE REQ UIRED PLANTING MATER IALS, IN WHICH CASE SUBSTI TUTE
430		-	ENVIRONMENTAL PROTEC TION MEASURES MUST B E IMPLEMENTED .
	407	+	(3) Institutional development areas: 20% of net tract area; 22
431	408
432		-	(2) Each acre of forest retained on the net tract area above the applicable
433		-	forest conservation threshold shall be credited against the total number of acres required
434		-	to be reforested under paragraph (1) of this subsection.
	409	+	(4) High density residential areas: 20% of net tract area; 23
435	410
436		-	(e) For all existing forest cover measured to the nearest 1/10 acre cleared on the
437		-	net tract area below the applicable forest conservation threshold, the area of forest removed
438		-	shall be reforested at a ratio of 2 acres planted for every 1 acre removed.
	411	+	(5) Mixed use and planned unit development areas: 15% of net tract area; 24
	412	+	and 25
439	413
440		-	(f) (C) (1) The reforestation requirements under this section shall be
441		-	accomplished within 1 year or 2 growing seasons after completion of the development
442		-	project.
	414	+	(6) Commercial and industrial use areas: 15% of net tract area. 26
443	415
444		-	(2) If reforestation cannot be reasonably accomplished on–site or off–site,
445		-	the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this
446		-	subtitle shall be met within 90 days after completion of the development project.
	416	+	(d) (1) Subject to the provisions of paragraph (2) of this subsection § 5–1606.1 27
	417	+	OF THIS SUBTITLE: 28
447	418
448		-	(g) ~~(D) A~~ EXCEPT AS PROVIDED IN ~~SUBSECTION~~ (~~A)(6~~) OF THIS ~~SECTION~~,
449		-	~~A unit of local government with planning and zoning authority may adopt~~ forest
450		-	conservation ~~thresholds and afforestation and reforestation requirements as part~~ of ~~its local~~
451		-	~~forest conservation program that are more stringent than the forest conservation~~
452		-	~~thresholds and afforestation and reforestation requirements in this section.~~
	419	+	(I) EXCEPT AS PROVIDED IN ITEM (II) OF THIS PARAGRAPH , for 29
	420	+	all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area 30
	421	+	above the applicable forest conservation threshold, the area of forest removed shall be 31
	422	+	reforested at a ratio of 1/4 1 acre planted for every 1 acre removed. REMOVED; AND 32
	423	+	10 HOUSE BILL 723
453	424
454		-	(H) ANY REFORESTATION REQ UIREMENTS UNDER THIS SUBTITLE SHALL BE
455		-	CALCULATED UNDER § 5–1606.1 OF THIS SUBTITLE INS TEAD OF THIS SECTION IF
456		-	THE ACREAGE OF REQUI RED REFORESTATION IS GREATER AS CALCULATE D UNDER
457		-	§ 5–1606.1 OF THIS SUBTITLE THA N IS THE CASE AS CAL CULATED UNDER THIS
458		-	SECTION.
459	425
460		-	5–1606.1.
	426	+	(II) FOR ALL EXISTING FORE ST COVER LOCATED IN A PRIORITY 1
	427	+	FUNDING AREA DESIGNA TED UNDER § 5–7B–03 OF THE STATE FINANCE AND 2
	428	+	PROCUREMENT ARTICLE, AND NOT IDENTIFIED A S A PRIORITY FOR RET ENTION AS 3
	429	+	DESCRIBED IN § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10 4
	430	+	ACRE CLEARED ON THE NET TRACT AREA , THE AREA OF FOREST R EMOVED SHALL 5
	431	+	BE REFORESTED AT A R ATIO OF 1/2 ACRE PLANTED FOR EVERY 1 ACRE REMOVED . 6
461	432
462		-	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
463		-	FOR ALL EXISTING FOR EST COVER MEASURED T O THE NEAREST 1/10 ACRE CLEARED
464		-	ON A SITE, THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A RATIO OF 1
465		-	ACRE PLANTED FOR EVE RY 1 ACRE CLEARED .
	433	+	(2) UPON MEETING THE REFO RESTATION AND AFFORE STATION 7
	434	+	REQUIREMENTS IN THIS SECTION, ALL UNFORESTED RIPAR IAN BUFFERS ON SITE 8
	435	+	SHALL BE AFFORESTED AND REFORESTED , UNLESS THE APPLICANT 9
	436	+	DEMONSTRATES TO THE DEPARTMENT OR THE LOC AL AUTHORITY THAT 10
	437	+	AFFORESTATION IN THE RIPARIAN BUFFER : 11
466	438
467		-	(2) ~~FOR ALL EXISTING PRIORIT Y FOREST COVER ,~~ AS ~~DESCRIBED~~
468		-	~~UNDER § 5–1607(C) OF THIS SUBTITLE , MEASURED TO~~ THE ~~NEAR EST 1/10 ACRE WES MOORE, Governor Ch. 541~~
	439	+	(I) WOULD BE IN CONFLICT WITH ALLOWABLE USES AS 12
	440	+	ESTABLISHED FOR THE RIPARIAN BUFFER ; 13
469	441
470		-	– 11 –
471		-	CLEARED ON A SITE , THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A
472		-	RATIO OF 2 ACRES PLANTED FOR EV ERY 1 ACRE CLEARED .
	442	+	(II) IS LOCATED ON PARK PR OPERTY AND CONFLICTS WITH THE 14
	443	+	MISSION AND ESTABLIS HED STEWARDSHIP PRAC TICES OF THE PARK; OR 15
473	444
474		-	(B) (1) A LOCAL JURISDICTION MAY PROPOSE, AND THE DEPARTMENT
475		-	MAY APPROVE , ALTERNATIVE AFFOREST ATION, REFORESTATION , AND
476		-	PRESERVATION REQUIRE MENTS THAT ARE EXPEC TED TO RESULT IN THE LOCAL
477		-	PROGRAM AT A MINIMUM MAINTAINING ITS EXIS TING LEVEL OF FOREST COVER
478		-	OVER A 2–YEAR 4–YEAR PERIOD.
	445	+	(III) IS NOT SUITABLE FOR T HE ESTABLISHMENT AND 16
	446	+	RETENTION OF THE REQ UIRED PLANTING MATER IALS, IN WHICH CASE SUBSTI TUTE 17
	447	+	ENVIRONMENTAL PROTEC TION MEASURES MUST B E IMPLEMENTED . 18
479	448
480		-	(2) IF THE DEPARTMENT FINDS THAT THE PROPOSED ALTERNA TIVE
481		-	AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE NOT
482		-	EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE LEVEL OF FOREST
483		-	COVER, THE DEPARTMENT SHALL :
	449	+	(2) Each acre of forest retained on the net tract area above the applicable 19
	450	+	forest conservation threshold shall be credited against the total number of acres required 20
	451	+	to be reforested under paragraph (1) of this subsection. 21
484	452
485		-	(I) REJECT THE PROPOSED A LTERNATIVE AFFORESTA TION,
486		-	REFORESTATION , AND PRESERVATION REQ UIREMENTS; AND
	453	+	(e) For all existing forest cover measured to the nearest 1/10 acre cleared on the 22
	454	+	net tract area below the applicable forest conservation threshold, the area of forest removed 23
	455	+	shall be reforested at a ratio of 2 acres planted for every 1 acre removed. 24
487	456
488		-	(II) PROVIDE THE LOCAL JUR ISDICTION WITH WRITT EN NOTICE
489		-	OF THE ELEMENTS OF T HE PROPOSAL THAT NEE D TO BE REVISED.
	457	+	(f) (C) (1) The reforestation requirements under this section shall be 25
	458	+	accomplished within 1 year or 2 growing seasons after completion of the development 26
	459	+	project. 27
490	460
491		-	(3) IN DETERMINING WHETHE R PROPOSED ALT ERNATIVE
492		-	AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE
493		-	EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE EXISTING LEVEL OF
494		-	FOREST COVER , THE DEPARTMENT SHALL CONSIDER:
	461	+	(2) If reforestation cannot be reasonably accomplished on–site or off–site, 28
	462	+	the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this 29
	463	+	subtitle shall be met within 90 days after completion of the development project. 30
495	464
496		-	(I) CONSIDER CREDITS GENERATED UN DER § 5–1607(B)(3) OF
497		-	THIS SUBTITLE TO BE FOREST ACREAGE;
	465	+	(g) (D) A EXCEPT AS PROVIDED IN SUBSECTION (A)(6) OF THIS SECTION, 31
	466	+	A unit of local government with planning and zoning authority may adopt forest 32
	467	+	conservation thresholds and afforestation and reforestation requirements as part of its local 33
	468	+	forest conservation program that are more stringent than the forest conservation 34
	469	+	thresholds and afforestation and reforestation requirements in this section. 35
	470	+	HOUSE BILL 723 11
498	471
499		-	(II) BASE ITS DETERMINATIO N ON THE LOCAL ANNUA L
500		-	REPORTS REQUIRED UND ER § 5–1613 OF THIS SUBTITLE; AND
501	472
502		-	(III) EXCLUDE THE EFFECT OF A PROJECT:
	473	+	(H) ANY REFORESTATION REQ UIREMENTS UNDER THIS SUBTITLE SHALL BE 1
	474	+	CALCULATED UNDER § 5–1606.1 OF THIS SUBTITLE INS TEAD OF THIS SECTION IF 2
	475	+	THE ACREAGE OF REQUI RED REFORESTATION IS GREATER AS CALCULATE D UNDER 3
	476	+	§ 5–1606.1 OF THIS SUBTITLE THA N IS THE CASE AS CAL CULATED UNDER THIS 4
	477	+	SECTION. 5
503	478
504		-	1. ~~APPROVED BEFORE JULY 1, 2024; OR~~
	479	+	5–1606.1. 6
505	480
506		-	2. DESCRIBED IN § 5–1602(B) OF THIS SUBTITLE.
	481	+	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 7
	482	+	FOR ALL EXISTING FOR EST COVER MEASURED T O THE NEAREST 1/10 ACRE CLEARED 8
	483	+	ON A SITE, THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A RATIO OF 1 9
	484	+	ACRE PLANTED FOR EVE RY 1 ACRE CLEARED . 10
507	485
508		-	(4) THE ON OR BEFORE DECEMBER 31, 2028, THE DEPARTMENT
509		-	SHALL RESCIND APPROVAL PROVIDE WRITTEN NOTI CE REQUIRING MODIFIC ATION
510		-	OF ALTERNATIVE AFFOR ESTATION, REFORESTATION , AND PRESERVATION
511		-	REQUIREMENTS IF THE LOCAL PROGRAM DOES N OT MAINTAIN:
512		-	Ch. 541 2023 LAWS OF MARYLAND
	486	+	(2) FOR ALL EXISTING PRIORIT Y FOREST COVER , AS DESCRIBED 11
	487	+	UNDER § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10 ACRE 12
	488	+	CLEARED ON A SITE , THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A 13
	489	+	RATIO OF 2 ACRES PLANTED FOR EV ERY 1 ACRE CLEARED . 14
513	490
514		-	– 12 –
515		-	(I) MAINTAIN OR EXPAND THE LOCAL JURISDICTI ON’S
516		-	BASELINE EXISTING LEVEL OF FOREST COVE R OVER TWO CONSECUTI VE 2–YEAR
517		-	PERIODS; OR
	491	+	(B) (1) A LOCAL JURISDICTION MAY PROPOSE, AND THE DEPARTMENT 15
	492	+	MAY APPROVE , ALTERNATIVE AFFOREST ATION, REFORESTATION , AND 16
	493	+	PRESERVATION REQUIRE MENTS THAT ARE EXPEC TED TO RESULT IN THE LOCAL 17
	494	+	PROGRAM AT A MINIMUM MAINTAINING ITS EXIS TING LEVEL OF FOREST COVER 18
	495	+	OVER A 2–YEAR 4–YEAR PERIOD. 19
518	496
519		-	(II) SUBMIT THE LOCAL ANNU AL REPORTS REQUIRED UNDER §
520		-	5–1613 OF THIS SUBTITLE .
	497	+	(2) IF THE DEPARTMENT FINDS THAT THE PROPOSED ALTERNA TIVE 20
	498	+	AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE NOT 21
	499	+	EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE LEVEL OF FOREST 22
	500	+	COVER, THE DEPARTMENT SHALL : 23
521	501
522		-	(5) ON OR AFTER JANUARY 1, 2029, THE DEPARTMENT MAY RESCIN D
523		-	APPROVAL OF ALTERNAT IVE AFFORESTATION , REFORESTATION , AND
524		-	PRESERVATION REQUIRE MENTS IF THE LOCAL P ROGRAM DOES NOT MEET A
525		-	CONDITION SPECIFIED UNDER PARAGRAPH (4)(I) OR (II) OF THIS SUBSECTION .
	502	+	(I) REJECT THE PROPOSED A LTERNATIVE AFFORESTA TION, 24
	503	+	REFORESTATION , AND PRESERVATION REQ UIREMENTS; AND 25
526	504
527		-	5–1607.
	505	+	(II) PROVIDE THE LOCAL JUR ISDICTION WITH WRITT EN NOTICE 26
	506	+	OF THE ELEMENTS OF T HE PROPOSAL THAT NEE D TO BE REVISED. 27
528	507
529		-	(a) The preferred sequence for afforestation and reforestation shall be established
530		-	by the State or local authority in accordance with the following after all techniques for
531		-	retaining existing forest cover on–site have been exhausted:
	508	+	(3) IN DETERMINING WHETHE R PROPOSED ALT ERNATIVE 28
	509	+	AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE 29
	510	+	EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE EXISTING LEVEL OF 30
	511	+	FOREST COVER , THE DEPARTMENT SHALL CONSIDER: 31
532	512
533		-	(1) Those techniques that enhance existing forest and involve selective
534		-	clearing or supplemental planting on–site;
	513	+	(I) CONSIDER CREDITS GENERATED UN DER § 5–1607(B)(3) OF 32
	514	+	THIS SUBTITLE TO BE FOREST ACREAGE; 33
	515	+	12 HOUSE BILL 723
535	516
536		-	(2) On–site afforestation or reforestation may be utilized where the
537		-	retention options have been exhausted. In those cases, the method shall be selected in
538		-	accordance with subsection (b) of this section, and the location shall be selected in
539		-	accordance with subsection (d) of this section;
540	517
541		-	(3) (i) Off–site afforestation or reforestation in the same watershed or
542		-	in accordance with an approved master plan may be utilized where the applicant has
543		-	demonstrated that no reasonable on–site alternative exists, or where:
	518	+	(II) BASE ITS DETERMINATIO N ON THE LOCAL ANNUA L 1
	519	+	REPORTS REQUIRED UND ER § 5–1613 OF THIS SUBTITLE; AND 2
544	520
545		-	1. Any on–site priority areas for afforestation or
546		-	reforestation have been planted in accordance with subsection (d) of this section; and
	521	+	(III) EXCLUDE THE EFFECT OF A PROJECT: 3
547	522
548		-	2. The applicant has justified to the satisfaction of the State
549		-	or local jurisdiction that environmental benefits associated with off–site afforestation or
550		-	reforestation would exceed those derived from on–site planting;
	523	+	1. APPROVED BEFORE JULY 1, 2024; OR 4
551	524
552		-	(ii) In these cases, the method shall be selected in accordance with
553		-	subsection (b) of this section, and the location shall be selected in accordance with
554		-	subsection (d) of this section; and
	525	+	2. DESCRIBED IN § 5–1602(B) OF THIS SUBTITLE. 5
555	526
556		-	(~~iii~~) ~~Off–site afforestation~~ or ~~reforestation may include~~ the ~~use of~~
557		-	~~forest mitigation banks which have been so designated in advance by the State or local~~
558		-	~~forest conservation program which is approved by the Department;~~ and
559		-	~~WES MOORE,~~ ~~Governor~~ ~~Ch. 541~~
	527	+	(4) THE ON OR BEFORE DECEMBER 31, 2028, THE DEPARTMENT 6
	528	+	SHALL RESCIND APPROVAL PROVIDE WRITTEN NOTI CE REQUIRING MODIFIC ATION 7
	529	+	OF ALTERNATIVE AFFOR ESTATION, REFORESTATION , AND PRESERVATION 8
	530	+	REQUIREMENTS IF THE LOCAL PROGRAM DOES N OT MAINTAIN: 9
560	531
561		-	– 13 –
562		-	(4) The State or local jurisdiction may allow an alternative sequence for a
563		-	specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans
564		-	or policies or to take advantage of opportunities to consolidate forest conservation efforts.
	532	+	(I) MAINTAIN OR EXPAND THE LOCAL JURISDICTI ON’S 10
	533	+	BASELINE EXISTING LEVEL OF FOREST COVE R OVER TWO CONSECUTI VE 2–YEAR 11
	534	+	PERIODS; OR 12
565	535
566		-	(b) ~~Standards for meeting afforestation or reforestation requirements shall be~~
567		-	~~established by the State or local program using one or more~~ of ~~the following methods:~~
	536	+	(II) SUBMIT THE LOCAL ANNU AL REPORTS REQUIRED UNDER § 13
	537	+	5–1613 OF THIS SUBTITLE . 14
568	538
569		-	(1) Forest creation in accordance with a forest conservation plan using one
570		-	or more of the following:
	539	+	(5) ON OR AFTER JANUARY 1, 2029, THE DEPARTMENT MAY RESCIN D 15
	540	+	APPROVAL OF ALTERNAT IVE AFFORESTATION , REFORESTATION , AND 16
	541	+	PRESERVATION REQUIRE MENTS IF THE LOCAL P ROGRAM DOES NOT MEET A 17
	542	+	CONDITION SPECIFIED UNDER PARAGRAPH (4)(I) OR (II) OF THIS SUBSECTION . 18
571	543
572		-	~~(i) Transplanted or nursery stock;~~
	544	+	5–1607. 19
573	545
574		-	(ii) Whip and seedling stock; or
	546	+	(a) The preferred sequence for afforestation and reforestation shall be established 20
	547	+	by the State or local authority in accordance with the following after all techniques for 21
	548	+	retaining existing forest cover on–site have been exhausted: 22
575	549
576		-	(~~iii~~) ~~Natural regeneration where it can be shown to adequately meet~~
577		-	~~the objective of the forest conservation plan[.]~~;
	550	+	(1) Those techniques that enhance existing forest and involve selective 23
	551	+	clearing or supplemental planting on–site; 24
578	552
579		-	(2) [The] FOR A QUALIFIED PROJE CT, THE use of qualified conservation
580		-	completed in a forest mitigation bank TO MEET:
	553	+	(2) On–site afforestation or reforestation may be utilized where the 25
	554	+	retention options have been exhausted. In those cases, the method shall be selected in 26
	555	+	accordance with subsection (b) of this section, and the location shall be selected in 27
	556	+	accordance with subsection (d) of this section; 28
581	557
582		-	(I) UP TO 50% OF THE AFFORESTATION OR REFORESTATION
583		-	REQUIREMENT , in which case, the afforestation or reforestation credit granted may not
584		-	exceed 50% of the forest area encumbered in perpetuity[.]; OR
	558	+	(3) (i) Off–site afforestation or reforestation in the same watershed or 29
	559	+	in accordance with an approved master plan may be utilized where the applicant has 30
	560	+	demonstrated that no reasonable on–site alternative exists, or where: 31
	561	+	HOUSE BILL 723 13
585	562
586		-	(II) IF, A LOCAL JURISDICTION PROPOSES, AND AFTER PUBLIC
587		-	COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUST IFICATION FOR THE
588		-	INCREASE, UP TO 60% OF THE AFFORESTATION OR REFORESTATION REQ UIREMENT,
589		-	IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT GRAN TED MAY
590		-	NOT EXCEED 50% OF THE FOREST AREA E NCUMBERED IN PERPETU ITY;
591	563
592		-	(3) [The use of street trees in] IN a municipal corporation with a tree
593		-	management plan, in an existing population center designated in a county master plan that
594		-	has been adopted to conform with the Economic Growth, Resource Protection, and Planning
595		-	Act of 1992, or in any other designated area approved by the Department as part of a local
596		-	program, under criteria established by the local program, subject to the approval of the
597		-	Department, using:
	564	+	1. Any on–site priority areas for afforestation or 1
	565	+	reforestation have been planted in accordance with subsection (d) of this section; and 2
598	566
599		-	~~(i) [Street]~~ THE ~~PLANTING~~ OF ~~STREE T trees as a permissible step~~
600		-	~~in the priority sequence for~~ afforestation or ~~reforestation and, based on a mature canopy~~
601		-	~~coverage, may grant full credit as a mitigation technique~~; ~~[and]~~
	567	+	2. The applicant has justified to the satisfaction of the State 3
	568	+	or local jurisdiction that environmental benefits associated with off–site afforestation or 4
	569	+	reforestation would exceed those derived from on–site planting; 5
602	570
603		-	(ii) Acquisition as a mitigation technique of an off–site protective
604		-	easement for existing forested areas not currently protected in perpetuity, in which case
605		-	the afforestation or reforestation credit granted may not exceed 50% of the area of forest
606		-	cover protected[.]; Ch. 541 2023 LAWS OF MARYLAND
	571	+	(ii) In these cases, the method shall be selected in accordance with 6
	572	+	subsection (b) of this section, and the location shall be selected in accordance with 7
	573	+	subsection (d) of this section; and 8
607	574
608		-	– 14 –
	575	+	(iii) Off–site afforestation or reforestation may include the use of 9
	576	+	forest mitigation banks which have been so designated in advance by the State or local 10
	577	+	forest conservation program which is approved by the Department; and 11
609	578
610		-	(III) THE RESTORATION OF ON– OR OFF–SITE DEGRADED
611		-	FOREST, INCLUDING SOIL AMENDMENT AND STABIL IZATION ENHANCEMENT
612		-	WITHOUT GRADING , THE REMOVAL OF INVAS IVE SPECIES, WILDLIFE CONTROL , THE
613		-	ESTABLISHMENT IMPROVEMENT OF UNDERSTORY , AND NEW TREE PLANTIN GS, AS
614		-	APPROPRIATE , IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT
615		-	GRANTED MAY NOT EXCE ED 50% OF THE AREA OF FORES T RESTORED; AND
	579	+	(4) The State or local jurisdiction may allow an alternative sequence for a 12
	580	+	specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans 13
	581	+	or policies or to take advantage of opportunities to consolidate forest conservation efforts. 14
616	582
617		-	(IV) THE ESTABLISHMENT OF PLANTED GREEN
618		-	INFRASTRUCTURE OR PLANTED ENVIRONMENTAL SITE D ESIGN PRACTICES BEYO ND
619		-	THE AMOUNT REQUIRED UNDER § 4–203 OF THE ENVIRONMENT ARTICLE MAY
620		-	GRANT FULL CREDIT AS A MITIGATION TECHNIQ UE; AND
	583	+	(b) Standards for meeting afforestation or reforestation requirements shall be 15
	584	+	established by the State or local program using one or more of the following methods: 16
621	585
622		-	(4) When all other options, both on–site and off–site, have been exhausted,
623		-	landscaping as a mitigation technique, conducted under an approved landscaping plan that
624		-	establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area.
	586	+	(1) Forest creation in accordance with a forest conservation plan using one 17
	587	+	or more of the following: 18
625	588
626		-	(c) (1) The following trees, shrubs, plants, and specific areas shall be
627		-	considered priority for retention and protection, and they shall be left in an undisturbed
628		-	condition unless the applicant has demonstrated, to the satisfaction of the State or local
629		-	authority, that reasonable efforts have been made to protect them and the plan cannot
630		-	reasonably be altered:
	589	+	(i) Transplanted or nursery stock; 19
631	590
632		-	(i) Trees, shrubs, and plants located in sensitive areas including
633		-	100–year floodplains, intermittent [and] STREAMS AND THEIR BU FFERS OF AT LEAST
634		-	50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT
635		-	LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep
636		-	slopes, and critical habitats; [and]
	591	+	(ii) Whip and seedling stock; or 20
637	592
638		-	(ii) ~~Contiguous forest that connects the largest undeveloped or most~~
639		-	~~vegetated tracts~~ of ~~land within and adjacent to~~ the ~~site~~; ~~AND~~
	593	+	(iii) Natural regeneration where it can be shown to adequately meet 21
	594	+	the objective of the forest conservation plan[.]; 22
640	595
641		-	(~~III~~) ~~TREES, SHRUBS, AND PLANTS FOREST SUITABLE~~ FOR
642		-	FOREST ~~INTERIOR –DWELLING~~ ~~SPECIES ;~~
	596	+	(2) [The] FOR A QUALIFIED PROJE CT, THE use of qualified conservation 23
	597	+	completed in a forest mitigation bank TO MEET: 24
643	598
644		-	(IV) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY
645		-	WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ;
	599	+	(I) UP TO 50% OF THE AFFORESTATION OR REFORESTATION 25
	600	+	REQUIREMENT , in which case, the afforestation or reforestation credit granted may not 26
	601	+	exceed 50% of the forest area encumbered in perpetuity[.]; OR 27
646	602
647		-	(V) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION
648		-	ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS
649		-	IDENTIFIED BY A LOCA L JURISDICTION; AND
	603	+	(II) IF, A LOCAL JURISDICTION PROPOSES, AND AFTER PUBLIC 28
	604	+	COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUST IFICATION FOR THE 29
	605	+	INCREASE, UP TO 60% OF THE AFFORESTATION OR REFORESTATION REQ UIREMENT, 30
	606	+	IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT GRAN TED MAY 31
	607	+	NOT EXCEED 50% OF THE FOREST AREA E NCUMBERED IN PERPETU ITY; 32
	608	+	14 HOUSE BILL 723
650	609
651		-	(VI) FORESTS IN URBAN AREAS THAT ARE ESSENTIAL:
652		-	WES MOORE, Governor Ch. 541
653	610
654		-	– 15 –
655		-	1. AS DELINEATED IN THE PRIORITY URBAN FORES T
656		-	MAPPING INCLUDED IN THE STATE FOREST CONSERVATION TECHNICAL MANUAL
657		-	REQUIREMENTS ; OR
	611	+	(3) [The use of street trees in] IN a municipal corporation with a tree 1
	612	+	management plan, in an existing population center designated in a county master plan that 2
	613	+	has been adopted to conform with the Economic Growth, Resource Protection, and Planning 3
	614	+	Act of 1992, or in any other designated area approved by the Department as part of a local 4
	615	+	program, under criteria established by the local program, subject to the approval of the 5
	616	+	Department, using: 6
658	617
659		-	~~2. THAT ARE MOST IMPORTA NT FOR PROVIDING~~
660		-	~~WILDLIFE HABITAT~~ OR ~~MITIGATING F LOODING~~, ~~HIGH TEMPERATURES , OR AIR~~
661		-	~~POLLUTION.~~
	618	+	(i) [Street] THE PLANTING OF STREE T trees as a permissible step 7
	619	+	in the priority sequence for afforestation or reforestation and, based on a mature canopy 8
	620	+	coverage, may grant full credit as a mitigation technique; [and] 9
662	621
663		-	(2) ~~The following trees,~~ ~~shrubs, plants,~~ ~~and specific areas shall be~~
664		-	~~considered priority~~ for ~~retention and protection,~~ ~~and they shall be left~~ in ~~an undisturbed~~
665		-	~~condition unless~~ the ~~applicant has demonstrated,~~ ~~to the satisfaction~~ of the ~~State or local~~
666		-	~~authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle:~~
	622	+	(ii) Acquisition as a mitigation technique of an off–site protective 10
	623	+	easement for existing forested areas not currently protected in perpetuity, in which case 11
	624	+	the afforestation or reforestation credit granted may not exceed 50% of the area of forest 12
	625	+	cover protected[.]; 13
667	626
668		-	(I) FOREST LAND SUITABLE FOR FOREST INTERIOR –DWELLING
669		-	SPECIES AND FOREST C ORRIDORS CONNECTING THESE FOREST PATCHES ;
	627	+	(III) THE RESTORATION OF ON– OR OFF–SITE DEGRADED 14
	628	+	FOREST, INCLUDING SOIL AMENDMENT AND STABIL IZATION ENHANCEMENT 15
	629	+	WITHOUT GRADING , THE REMOVAL OF INVAS IVE SPECIES, WILDLIFE CONTROL , THE 16
	630	+	ESTABLISHMENT IMPROVEMENT OF UNDERSTORY , AND NEW TREE PLANTIN GS, AS 17
	631	+	APPROPRIATE , IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT 18
	632	+	GRANTED MAY NOT EXCE ED 50% OF THE AREA OF FORES T RESTORED; AND 19
670	633
671		-	(II) FOREST LAND LOCATED I N A TARGETED ECOLOGI CAL AREA
672		-	AS IDENTIFIED BY THE DEPARTMENT ;
	634	+	(IV) THE ESTABLISHMENT OF PLANTED GREEN 20
	635	+	INFRASTRUCTURE OR PLANTED ENVIRONMENTAL SITE D ESIGN PRACTICES BEYO ND 21
	636	+	THE AMOUNT REQUIRED UNDER § 4–203 OF THE ENVIRONMENT ARTICLE MAY 22
	637	+	GRANT FULL CREDIT AS A MITIGATION TECHNIQ UE; AND 23
673	638
674		-	(III) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY
675		-	WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ;
	639	+	(4) When all other options, both on–site and off–site, have been exhausted, 24
	640	+	landscaping as a mitigation technique, conducted under an approved landscaping plan that 25
	641	+	establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area. 26
676	642
677		-	(IV) FOREST LOCATED IN A W ATER RESOURCE PROTECTION
678		-	ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS
679		-	IDENTIFIED BY A LOCA L JURISDICTION;
	643	+	(c) (1) The following trees, shrubs, plants, and specific areas shall be 27
	644	+	considered priority for retention and protection, and they shall be left in an undisturbed 28
	645	+	condition unless the applicant has demonstrated, to the satisfaction of the State or local 29
	646	+	authority, that reasonable efforts have been made to protect them and the plan cannot 30
	647	+	reasonably be altered: 31
680	648
681		-	[(i)] (V) Trees, shrubs, or plants identified on the list of rare,
682		-	threatened, and endangered species of the U.S. Fish and Wildlife Service or the
683		-	Department;
	649	+	(i) Trees, shrubs, and plants located in sensitive areas including 32
	650	+	100–year floodplains, intermittent [and] STREAMS AND THEIR BU FFERS OF AT LEAST 33
	651	+	50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT 34
	652	+	LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep 35
	653	+	slopes, and critical habitats; [and] 36
	654	+	HOUSE BILL 723 15
684	655
685		-	[(ii)] (VI) Trees that are part of a historic site or associated with a
686		-	historic structure or designated by the Department or local authority as a national, State,
687		-	or local Champion Tree; and
688	656
689		-	~~[(iii)]~~ (~~VII~~) ~~Trees having a diameter measured at 4.5 feet above~~ the
690		-	~~ground~~ of:
	657	+	(ii) Contiguous forest that connects the largest undeveloped or most 1
	658	+	vegetated tracts of land within and adjacent to the site; AND 2
691	659
692		-	1. 30 inches; or
	660	+	(III) TREES, SHRUBS, AND PLANTS FOREST SUITABLE FOR 3
	661	+	FOREST INTERIOR –DWELLING SPECIES ; 4
693	662
694		-	2. 75% of the diameter, measured at 4.5 feet above the
695		-	ground, of the current State Champion Tree of that species as designated by the
696		-	Department.
697		-	Ch. 541 2023 LAWS OF MARYLAND
	663	+	(IV) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 5
	664	+	WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ; 6
698	665
699		-	– 16 –
700		-	(3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SHALL ISSU E
701		-	WRITTEN FINDINGS AND JUSTIFICATION FOR AN Y CLEARING OF A PRIO RITY
702		-	RETENTION AREA DESCR IBED IN PARAGRAPH (1) OR (2) OF THIS SUBSECTION .
	666	+	(V) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 7
	667	+	ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS 8
	668	+	IDENTIFIED BY A LOCA L JURISDICTION; AND 9
703	669
704		-	(II) ANY JUDICIAL REVIEW O F A FINAL DETERMINAT ION MADE
705		-	UNDER THIS PARAGRAPH SHALL BE:
	670	+	(VI) FORESTS IN URBAN AREAS THAT ARE ESSENTIAL: 10
706	671
707		-	1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND
708		-	RULES; AND
	672	+	1. AS DELINEATED IN THE PRIORITY URBAN FORES T 11
	673	+	MAPPING INCLUDED IN THE STATE FOREST CONSERVATION TECHNICAL MANUAL 12
	674	+	REQUIREMENTS ; OR 13
709	675
710		-	2. LIMITED TO THE RECORD COMPILED BY THE
711		-	DEPARTMENT OR THE LOC AL AUTHORITY.
	676	+	2. THAT ARE MOST IMPORTA NT FOR PROVIDING 14
	677	+	WILDLIFE HABITAT OR MITIGATING F LOODING, HIGH TEMPERATURES , OR AIR 15
	678	+	POLLUTION. 16
712	679
713		-	(d) The following shall be considered priority for afforestation or reforestation:
	680	+	(2) The following trees, shrubs, plants, and specific areas shall be 17
	681	+	considered priority for retention and protection, and they shall be left in an undisturbed 18
	682	+	condition unless the applicant has demonstrated, to the satisfaction of the State or local 19
	683	+	authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle: 20
714	684
715		-	(1) ~~Establish or enhance~~ forest ~~buffers adjacent to intermittent and~~
716		-	~~perennial streams~~ and ~~coastal bays to widths of at least 50 feet~~;
	685	+	(I) FOREST LAND SUITABLE FOR FOREST INTERIOR –DWELLING 21
	686	+	SPECIES AND FOREST C ORRIDORS CONNECTING THESE FOREST PATCHES; 22
717	687
718		-	(2) Establish or increase existing forested corridors to connect existing
719		-	forests within or adjacent to the site and, where practical, forested corridors should be a
720		-	minimum of 300 feet in width to facilitate wildlife movement;
	688	+	(II) FOREST LAND LOCATED I N A TARGETED ECOLOGI CAL AREA 23
	689	+	AS IDENTIFIED BY THE DEPARTMENT ; 24
721	690
722		-	(3) ~~Establish~~ or ~~enhance forest buffers adjacent to critical habitats where~~
723		-	~~appropriate~~;
	691	+	(III) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 25
	692	+	WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ; 26
724	693
725		-	(4) Establish or enhance forested areas in 100–year floodplains;
	694	+	(IV) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 27
	695	+	ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS 28
	696	+	IDENTIFIED BY A LOCA L JURISDICTION; 29
726	697
727		-	(5) Establish plantings to stabilize slopes of 25% or greater and slopes of
728		-	15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other
729		-	natural depressions;
	698	+	[(i)] (V) Trees, shrubs, or plants identified on the list of rare, 30
	699	+	threatened, and endangered species of the U.S. Fish and Wildlife Service or the 31
	700	+	Department; 32
	701	+	16 HOUSE BILL 723
730	702
731		-	(6) Establish buffers adjacent to areas of differing land use where
732		-	appropriate, or adjacent to highways or utility rights–of–way;
733	703
734		-	(7) Establish forest areas adjacent to existing forests so as to increase the
735		-	overall area of contiguous forest cover, when appropriate; and
	704	+	[(ii)] (VI) Trees that are part of a historic site or associated with a 1
	705	+	historic structure or designated by the Department or local authority as a national, State, 2
	706	+	or local Champion Tree; and 3
736	707
737		-	(8) ~~Use native plant materials for afforestation or reforestation,~~ ~~when~~
738		-	~~appropriate.~~
	708	+	[(iii)] (VII) Trees having a diameter measured at 4.5 feet above the 4
	709	+	ground of: 5
739	710
740		-	(e) (1) As part of the development of a forest conservation program, the State
741		-	or local government shall develop provisions for:
	711	+	1. 30 inches; or 6
742	712
743		-	(i) Preservation of areas described in subsections (c) and (d)(1) and
744		-	(3) of this section; WES MOORE, Governor Ch. 541
	713	+	2. 75% of the diameter, measured at 4.5 feet above the 7
	714	+	ground, of the current State Champion Tree of that species as designated by the 8
	715	+	Department. 9
745	716
746		-	– 17 –
	717	+	(3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SH ALL ISSUE 10
	718	+	WRITTEN FINDINGS AND JUSTIFICATION FOR AN Y CLEARING OF A PRIO RITY 11
	719	+	RETENTION AREA DESCR IBED IN PARAGRAPH (1) OR (2) OF THIS SUBSECTION . 12
747	720
748		-	(ii) ~~Retention as forest of all land forested,~~ ~~afforested, or reforested~~
749		-	under this ~~subtitle; and~~
	721	+	(II) ANY JUDICIAL REVIEW O F A FINAL DETERMINAT ION MADE 13
	722	+	UNDER THIS PARAGRAPH SHALL BE: 14
750	723
751		-	(iii) Limitation of uses of forest to those that are not inconsistent with
752		-	forest conservation, such as recreational activities and forest management under
753		-	subsection (f) of this section.
	724	+	1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND 15
	725	+	RULES; AND 16
754	726
755		-	(2) The provisions required in paragraph (1) of this subsection may include
756		-	protective agreements for areas of forest conservation, including conservation easements,
757		-	deed restrictions, and covenants.
	727	+	2. LIMITED TO THE RECORD COMPILED BY THE 17
	728	+	DEPARTMENT OR THE LOC AL AUTHORITY. 18
758	729
759		-	(f) An owner may place land that is forested, afforested, or reforested under this
760		-	subtitle in the forest conservation and management program under § 8–211 et seq. of the
761		-	Tax – Property Article or in a forest management plan prepared by a licensed forester and
762		-	approved by the local authority or the State. Reforestation shall be required when the final
763		-	regeneration harvest is complete or if determined to be necessary due to the lack of
764		-	adequate natural regeneration.
	730	+	(d) The following shall be considered priority for afforestation or reforestation: 19
765	731
766		-	5–1610.1.
	732	+	(1) Establish or enhance forest buffers adjacent to intermittent and 20
	733	+	perennial streams and coastal bays to widths of at least 50 feet; 21
767	734
768		-	(c) [Mitigation] AFTER DECEMBER 31, 2020, MITIGATION banks may be
769		-	allowed only [in priority]:
	735	+	(2) Establish or increase existing forested corridors to connect existing 22
	736	+	forests within or adjacent to the site and, where practical, forested corridors should be a 23
	737	+	minimum of 300 feet in width to facilitate wildlife movement; 24
770	738
771		-	(1) ~~IF THE APPLICATION WA S SUBMITTED BEFORE DECEMBER 31,~~
772		-	~~2020~~; OR
	739	+	(3) Establish or enhance forest buffers adjacent to critical habitats where 25
	740	+	appropriate; 26
773	741
774		-	(2) ~~WHEN USING:~~
	742	+	(4) Establish or enhance forested areas in 100–year floodplains; 27
775	743
776		-	(I) QUALIFIED CONSERVATIO N LOCATED IN PRIORIT Y
777		-	RETENTION AREAS AS I DENTIFIED IN § 5–1607(C) OF THIS SUBTITLE; OR
	744	+	(5) Establish plantings to stabilize slopes of 25% or greater and slopes of 28
	745	+	15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other 29
	746	+	natural depressions; 30
778	747
779		-	(II) NEWLY PLANTED FOREST LOCATED IN PRIORITY
780		-	AFFORESTATION OR REF ORESTATION areas as identified in § 5–1607(d) of this subtitle
781		-	or as identified in a comprehensive plan adopted by a local jurisdiction.
	748	+	(6) Establish buffers adjacent to areas of differing land use where 31
	749	+	appropriate, or adjacent to highways or utility rights–of–way; 32 HOUSE BILL 723 17
782	750
783		-	Article – Tax – Property
784	751
785		-	8–211.
786	752
787		-	(a) (1) In this section the following words have the meaning indicated.
	753	+	(7) Establish forest areas adjacent to existing forests so as to increase the 1
	754	+	overall area of contiguous forest cover, when appropriate; and 2
788	755
789		-	(2) ~~“Agreement” means an agreement made under subsection (c) of this~~
790		-	~~section~~.
	756	+	(8) Use native plant materials for afforestation or reforestation, when 3
	757	+	appropriate. 4
791	758
792		-	(3) “Program” means the forest conservation and management program. Ch. 541 2023 LAWS OF MARYLAND
	759	+	(e) (1) As part of the development of a forest conservation program, the State 5
	760	+	or local government shall develop provisions for: 6
793	761
794		-	– 18 –
	762	+	(i) Preservation of areas described in subsections (c) and (d)(1) and 7
	763	+	(3) of this section; 8
795	764
796		-	(b) The Department of Natural Resources shall establish the program to:
	765	+	(ii) Retention as forest of all land forested, afforested, or reforested 9
	766	+	under this subtitle; and 10
797	767
798		-	(1) encourage the preservation or development of land for productive
799		-	woodland purposes;
	768	+	(iii) Limitation of uses of forest to those that are not inconsistent with 11
	769	+	forest conservation, such as recreational activities and forest management under 12
	770	+	subsection (f) of this section. 13
800	771
801		-	(2) increase the income of persons in the State from the sale of timber;
	772	+	(2) The provisions required in paragraph (1) of this subsection may include 14
	773	+	protective agreements for areas of forest conservation, including conservation easements, 15
	774	+	deed restrictions, and covenants. 16
802	775
803		-	(3) prevent flooding of land and the loss of the State’s soil;
	776	+	(f) An owner may place land that is forested, afforested, or reforested under this 17
	777	+	subtitle in the forest conservation and management program under § 8–211 et seq. of the 18
	778	+	Tax – Property Article or in a forest management plan prepared by a licensed forester and 19
	779	+	approved by the local authority or the State. Reforestation shall be required when the final 20
	780	+	regeneration harvest is complete or if determined to be necessary due to the lack of 21
	781	+	adequate natural regeneration. 22
804	782
805		-	(4) provide wooded areas for the use and enjoyment of all individuals in the
806		-	State; and
	783	+	5–1610.1. 23
807	784
808		-	(5) promote the welfare and assets of the State.
	785	+	(c) [Mitigation] AFTER DECEMBER 31, 2020, MITIGATION banks may be 24
	786	+	allowed only [in priority]: 25
809	787
810		-	(c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
811		-	SUBSECTION, THE owner of at least 5 contiguous acres of land may make an agreement
812		-	with the Department of Natural Resources to place the land in the program.
	788	+	(1) IF THE APPLICATION WA S SUBMITTED BEFORE DECEMBER 31, 26
	789	+	2020; OR 27
813	790
814		-	(2) IN BALTIMORE CITY AND ANNE ARUNDEL, BALTIMORE,
815		-	HOWARD, MONTGOMERY , AND PRINCE GEORGE’S COUNTIES, THE OWNER OF AT
816		-	LEAST 2 CONTIGUOUS ACRES OF LAND MAY MAKE AN AGR EEMENT WITH THE
817		-	DEPARTMENT OF NATURAL RESOURCES TO PLACE TH E LAND IN THE PROGRA M.
	791	+	(2) WHEN USING: 28
818	792
819		-	Chapter 645 of the Acts of 2021
	793	+	(I) QUALIFIED CONSERVATIO N LOCATED IN PRIORIT Y 29
	794	+	RETENTION AREAS AS I DENTIFIED IN § 5–1607(C) OF THIS SUBTITLE; OR 30
	795	+	18 HOUSE BILL 723
820	796
821		-	SECTION 11. AND BE IT FURTHER ENACTED, That, except as provided in
822		-	Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION
823		-	7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of
824		-	June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required
825		-	by the General Assembly, shall be abrogated and of no further force and effect. Subject to
826		-	Section 10 of this Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of
827		-	10 years and 1 month and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with
828		-	no further action required by the General Assembly, shall be abrogated and of no further
829		-	force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1
830		-	month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required
831		-	by the General Assembly, shall be abrogated and of no further force and effect.
832	797
833		-	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
834		-	as follows:
	798	+	(II) NEWLY PLANTED FOREST LOCATED IN PRIORITY 1
	799	+	AFFORESTATION OR REF ORESTATION areas as identified in § 5–1607(d) of this subtitle 2
	800	+	or as identified in a comprehensive plan adopted by a local jurisdiction. 3
835	801
836		-	Article – ~~Natural Resources~~
	802	+	Article – Tax – Property 4
837	803
838		-	5–1610.
839		-	WES MOORE, Governor Ch. 541
	804	+	8–211. 5
840	805
841		-	– 19 –
842		-	(b) There is a Forest Conservation Fund in the Department.
	806	+	(a) (1) In this section the following words have the meaning indicated. 6
843	807
844		-	(e) (1) The Department shall accomplish the reforestation or afforestation for
845		-	which the money is deposited within [2] 5 years or [3] 6 growing seasons, as appropriate,
846		-	after receipt of the money.
	808	+	(2) “Agreement” means an agreement made under subsection (c) of this 7
	809	+	section. 8
847	810
848		-	(2) Money deposited in the Fund under subsection (c) of this section shall
849		-	remain in the Fund for a period of [2] 5 years or [3] 6 growing seasons, and at the end of
850		-	that time period, any portion that has not been used OR ENCUMBERED to meet the
851		-	afforestation or reforestation requirements shall be returned to the person who provided
852		-	the money to be used for documented tree planting in the same county or watershed beyond
853		-	that required by this subtitle or other applicable statutes.
	811	+	(3) “Program” means the forest conservation and management program. 9
854	812
855		-	~~SECTION 5.~~ ~~AND BE IT FURTHER ENACTED,~~ ~~That~~:
	813	+	(b) The Department of Natural Resources shall establish the program to: 10
856	814
857		-	(a) The Department of Natural Resources shall update the State Forest
858		-	Conservation Technical Manual on or before December 31, 2024, for consistency with this
859		-	Act.
	815	+	(1) encourage the preservation or development of land for productive 11
	816	+	woodland purposes; 12
860	817
861		-	(b) The ~~updates shall include:~~
	818	+	(2) increase the income of persons in the State from the sale of timber; 13
862	819
863		-	(1) ~~guidance on:~~
	820	+	(3) prevent flooding of land and the loss of the State’s soil; 14
864	821
865		-	(i) when the clearing of a priority area for retention described in §
866		-	5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified,
867		-	including for purposes related to forest health or composition; and
	822	+	(4) provide wooded areas for the use and enjoyment of all individuals in the 15
	823	+	State; and 16
868	824
869		-	(ii) the ~~use~~ of ~~site design practices to minimize clearing; and~~
	825	+	(5) promote the welfare and assets of the State. 17
870	826
871		-	(2) standards by which credit may be granted for the restoration of
872		-	degraded forest.
	827	+	(c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 18
	828	+	SUBSECTION, THE owner of at least 5 contiguous acres of land may make an agreement 19
	829	+	with the Department of Natural Resources to place the land in the program. 20
873	830
874		-	SECTION 6. AND BE IT FURTHER ENACTED, That the Department of Natural
875		-	Resources shall establish a workgroup to evaluate and recommend incentives for private
876		-	landowners to conserve forest, including adjusting the minimal acreage of contiguous
877		-	forested land required to qualify for the forest conservation and management program
878		-	established under § 8–211 of the Tax – Property Article.
	831	+	(2) IN BALTIMORE CITY AND ANNE ARUNDEL, BALTIMORE, 21
	832	+	HOWARD, MONTGOMERY , AND PRINCE GEORGE’S COUNTIES, THE OWNER OF AT 22
	833	+	LEAST 2 CONTIGUOUS ACRES OF LAND MAY MAKE AN AGR EEMENT WITH THE 23
	834	+	DEPARTMENT OF NATURAL RESOURCES TO PLACE TH E LAND IN THE PROGRA M. 24
879	835
880		-	SECTION 7. AND BE IT FURTHER ENACTED, That, on or before December 31,
881		-	2023, the Department of Natural Resources shall issue a description of the procedures the
882		-	Department will use to determine whether a local program is expected to maintain or
883		-	expand the existing level of forest cover in the jurisdiction.
	836	+	Chapter 645 of the Acts of 2021 25
884	837
885		-	SECTION 8. AND BE IT FURTHER ENACTED, That, on or before December 31,
886		-	2023, the Department of Natural Resources shall approve or reject alternative Ch. 541 2023 LAWS OF MARYLAND
	838	+	SECTION 11. AND BE IT FURTHER ENACTED, That, except as provided in 26
	839	+	Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION 27
	840	+	7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of 28
	841	+	June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required 29
	842	+	by the General Assembly, shall be abrogated and of no further force and effect. Subject to 30
	843	+	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
887	844
888		-	– 20 –
889		-	afforestation, reforestation, and preservation requirements adopted by a local jurisdiction
890		-	before September 1, 2023.
891	845
892		-	SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not a pply to:
	846	+	10 years and 1 month and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with 1
	847	+	no further action required by the General Assembly, shall be abrogated and of no further 2
	848	+	force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1 3
	849	+	month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required 4
	850	+	by the General Assembly, shall be abrogated and of no further force and effect. 5
893	851
894		-	(1) a solarvoltaic facility granted a certificate of public convenience and
895		-	necessity by the Public Service Commission under § 7–207 of the Public Utilities Article
896		-	before July 1, 2023;
	852	+	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6
	853	+	as follows: 7
897	854
898		-	(2) a forest conservation plan approved before July 1, 2024, that is
899		-	associated with a subdivision plan, site plan, building permit, or grading or sediment
900		-	control application; or
	855	+	Article – Natural Resources 8
901	856
902		-	(3) a revision to a plan or permit described in item (2) of this section that
903		-	does not materially alter the proposed or actual limits of disturbance.
	857	+	5–1610. 9
904	858
905		-	SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this
906		-	Act shall take effect July 1, 2024.
	859	+	(b) There is a Forest Conservation Fund in the Department. 10
907	860
908		-	SECTION 4. 11. AND BE IT FURTHER ENACTED, That , except as provided in
909		-	Section 10 of this Act, this Act shall take effect October July 1, 2023.
	861	+	(e) (1) The Department shall accomplish the reforestation or afforestation for 11
	862	+	which the money is deposited within [2] 5 years or [3] 6 growing seasons, as appropriate, 12
	863	+	after receipt of the money. 13
910	864
911		-	Approved by the Governor, May 8, 2023.
	865	+	(2) Money deposited in the Fund under subsection (c) of this section shall 14
	866	+	remain in the Fund for a period of [2] 5 years or [3] 6 growing seasons, and at the end of 15
	867	+	that time period, any portion that has not been used OR ENCUMBERED to meet the 16
	868	+	afforestation or reforestation requirements shall be returned to the person who provided 17
	869	+	the money to be used for documented tree planting in the same county or watershed beyond 18
	870	+	that required by this subtitle or other applicable statutes. 19
	871	+
	872	+	SECTION 5. AND BE IT FURTHER ENACTED, That: 20
	873	+
	874	+	(a) The Department of Natural Resources shall update the State Forest 21
	875	+	Conservation Technical Manual on or before December 31, 2024, for consistency with this 22
	876	+	Act. 23
	877	+
	878	+	(b) The updates shall include: 24
	879	+
	880	+	(1) guidance on: 25
	881	+
	882	+	(i) when the clearing of a priority area for retention described in § 26
	883	+	5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 27
	884	+	including for purposes related to forest health or composition; and 28
	885	+
	886	+	(ii) the use of site design practices to minimize clearing; and 29
	887	+
	888	+	(2) standards by which credit may be granted for the restoration of 30
	889	+	degraded forest. 31
	890	+
	891	+	SECTION 6. AND BE IT FURTHER ENACTED, That the Department of Natural 32
	892	+	Resources shall establish a workgroup to evaluate and recommend incentives for private 33 20 HOUSE BILL 723
	893	+
	894	+
	895	+	landowners to conserve forest, including adjusting the minimal acreage of contiguous 1
	896	+	forested land required to qualify for the forest conservation and management program 2
	897	+	established under § 8–211 of the Tax – Property Article. 3
	898	+
	899	+	SECTION 7. AND BE IT FURTHER ENACTED, That, on or before December 31, 4
	900	+	2023, the Department of Natural Resources shall issue a description of the procedures the 5
	901	+	Department will use to determine whether a local program is expected to maintain or 6
	902	+	expand the existing level of forest cover in the jurisdiction. 7
	903	+
	904	+	SECTION 8. AND BE IT FURTHER ENACTED, That, on or before December 31, 8
	905	+	2023, the Department of Natural Resources shall approve or reject alternative 9
	906	+	afforestation, reforestation, and preservation requirements adopted by a local jurisdiction 10
	907	+	before September 1, 2023. 11
	908	+
	909	+	SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to: 12
	910	+
	911	+	(1) a solarvoltaic facility granted a certificate of public convenience and 13
	912	+	necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 14
	913	+	before July 1, 2023; 15
	914	+
	915	+	(2) a forest conservation plan approved before July 1, 2024, that is 16
	916	+	associated with a subdivision plan, site plan, building permit, or grading or sediment 17
	917	+	control application; or 18
	918	+
	919	+	(3) a revision to a plan or permit described in item (2) of this section that 19
	920	+	does not materially alter the proposed or actual limits of disturbance. 20
	921	+
	922	+	SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 21
	923	+	Act shall take effect July 1, 2024. 22
	924	+
	925	+	SECTION 4. 11. AND BE IT FURTHER ENACTED, That , except as provided in 23
	926	+	Section 10 of this Act, this Act shall take effect October July 1, 2023. 24
	927	+
	928	+
	929	+
	930	+
	931	+	Approved:
	932	+	________________________________________________________________________________
	933	+	Governor.
	934	+	________________________________________________________________________________
	935	+	Speaker of the House of Delegates.
	936	+	________________________________________________________________________________
	937	+	President of the Senate.