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.
*sb0526*
SENATE BILL 526
M1 3lr1713
CF HB 723
By: Senators Elfreth, Guzzone, Gile, Hester, Kramer, Lam, Hettleman,
M. Washington, West, and Zucker
Introduced and read first time: February 3, 2023
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 19, 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 a nd 21
recommend incentives for private landowners to conserve forests; and generally 22
relating to forest preservation and retention. 23
2 SENATE BILL 526
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
SENATE BILL 526 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, That 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 FUR THER 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 O F TREES 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 EVERGR EEN 24
WOODY VEGETATION THAT 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 SENATE BILL 526
(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 VARIAN CE ISSUED UNDER THIS SUBTITLE; 21
(III) THE SOIL IS REASONABL Y EXPECTED TO BE UNS UITABLE 22
FOR SUPPORTING A CON VENTIONAL SEPTIC SYS TEM AND PUBLIC SEWER SERVICE IS 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
SENATE BILL 526 5
(1) THAT USES QUALIFIED CONSE RVATION FOR WHICH 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
(15) TRANSIT–ORIENTED DEVELOPMENT , AS DEFINED UNDER § 7–101 32
OF THE TRANSPORTATION ARTICLE, PROVIDED THAT THE AR EA OF FOREST 33
REMOVED SHALL BE : 34 6 SENATE BILL 526
(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE 1
REPLANTED FOR EACH A CRE REMOVED ; OR 2
(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS 3
PERMANENTLY PROTECTE D FOR EACH ACRE REMOVED ; 4
(16) THE CONSTRUCTION OF A NEW FEDERAL GOVERNME NT FACILITY 5
PROJECTED TO HOUSE T HE EMPLOYMENT OF AT LEAST 2,500 PERSONS; AND 6
(17) THE CONSTRUCTION OF M ULTIFAMILY HOUSING , CONSISTING OF 7
A SINGLE STRUCTURE C ONTAINING AT LEAST 25 DWELLING UNITS, PROVIDED THAT 8
THE AREA OF FOREST R EMOVED SHALL BE : 9
(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE 10
REPLANTED FOR EACH A CRE REMOVED ; OR 11
(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS 12
PERMANENTLY PROTECTE D FOR EACH ACRE REMO VED. 13
5–1603. 14
(a) (1) A unit of local government having planning and zoning authority shall 15
develop a local forest conservation program[, consistent]: 16
(I) CONSISTENT with the intent, requirements, and standards of 17
this subtitle; AND 18
(II) AFFORDING DUE CONSIDERATION TO THE POLICY GOALS 19
ESTABLISHED UNDER : 20
1. TITLE 5, SUBTITLE 7A OF THE STATE FINANCE AND 21
PROCUREMENT ARTICLE; AND 22
2. THE PLANS ADOPTED UND ER TITLE 1, SUBTITLE 4 23
AND TITLE 3 OF THE LAND USE ARTICLE. 24
(c) (3) (ii) A local forest conservation program, when approved by the 25
Department, may: 26
1. Allow clustering and other innovative land use techniques 27
that protect and establish forests where open space is preserved, sensitive areas are 28
protected, and development is physically concentrated; and 29
SENATE BILL 526 7
2. [Waive] PROVIDE FOR THE WAIVE R OR MODIFICATION 1
OF the requirements of this subtitle for previously developed areas covered by impervious 2
surface and located in priority funding areas at the time of the application for subdivision 3
plan, grading, or sediment control permit approval. 4
5–1605. 5
(d) (1) AT LEAST 20 DAYS BEFORE APPROVAL OF THE FOREST 6
CONSERVATION PLAN , THE DEPARTMENT OR LOCAL A UTHORITY SHALL : 7
(I) PROVIDE NOTICE THAT I S CONSISTENT WITH LO CAL 8
AUTHORITY NOTICE REQ UIREMENT S TO ALL PROPERTY OW NERS ABUTTING AND 9
ADJACENT TO THE BOUN DARY OF THE SUBJECT PROPERTY OF ANY PROP OSED 10
CLEARING OF A PRIORI TY RETENTION AREA AS DESCRIBED IN § 5–1607(C) OF THIS 11
SUBTITLE; AND 12
(II) 1. ON A NET TRACT AREA O F AT LEAST 5 ACRES AND IF 13
AT LEAST 75% OF THE PRIORITY RETE NTION AREA IS PROPOS ED TO BE CLEARED , 14
PROVIDE AN OPPORTUNI TY FOR WRITTEN AND V ERBAL COMMENT BEFORE PLAN 15
APPROVAL; OR 16
2. FOR ANY OTHER PROJECT WHERE PRIORITY 17
RETENTION AREA IS PR OPOSED FOR CLEARING , PROVIDE AN OPPORTUNI TY FOR 18
PUBLIC WRITTEN COMME NT BEFORE PLAN APPRO VAL. 19
(2) PROPERTY SEPARATED FR OM THE SUBJECT PROPE RTY BY A 20
PUBLIC RIGHT–OF–WAY SHALL BE CONSIDE RED ABUTTING AND ADJ ACENT. 21
(3) (I) Within 45 days from receipt of the forest conservation plan, the 22
Department or local authority shall notify the applicant whether the forest conservation 23
plan is complete. 24
(II) If the Department or local authority fails to notify the applicant 25
about the forest conservation plan within 45 days, the plan shall be treated as complete 26
and approved. 27
(III) The Department or local authority may require further 28
information or provide for an extension of this deadline for an additional 15 days for 29
extenuating circumstances. 30
(IV) In addition, at the request of the applicant, the State or local 31
authority may extend this deadline for extenuating circumstances. 32
(4) (I) A PERSON PETITIONING F OR JUDICIAL REVIEW O F AN 33
APPROVED FOREST CONS ERVATION PLAN SHALL FILE THE PETITION IN 34 8 SENATE BILL 526
ACCORDANCE WITH THE MARYLAND RULES NOT LATER THAN 30 DAYS AFTER 1
APPROVAL OF THE FORE ST CONSERVATION PLAN . 2
(II) ANY JUDICIAL REVIEW O F A FOREST CONSERVAT ION PLAN 3
SHALL BE: 4
1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND 5
RULES; AND 6
2. LIMITED TO THE RECORD COMPILED BY THE 7
DEPARTMENT OR THE LOC AL AUTHOR ITY. 8
5–1606. 9
(a) (1) For the following land use categories, tracts having less than 20% of the 10
net tract area in forest cover shall be afforested up to 20% of the net tract area: 11
(i) Agriculture and resource areas; and 12
(ii) Medium density residential areas. 13
(2) For the following land use categories, tracts having less than 15% of the 14
net tract area in forest cover shall be afforested up to 15% of the net tract area: 15
(i) Institutional development areas; 16
(ii) High density residential areas; 17
(iii) Mixed use and planned unit development areas; and 18
(iv) Commercial and industrial use areas. 19
(3) Afforestation requirements must conform to the conditions in §§ 5–1607 20
and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if 21
afforestation on–site or off–site cannot be reasonably accomplished. 22
(4) (i) The afforestation requirements under this subsection shall be 23
accomplished within 1 year or 2 growing seasons after the completion of the development 24
project. 25
(ii) If afforestation cannot be reasonably accomplished on–site or 26
off–site, the requirement to contribute money to a Forest Conservation Fund under § 27
5–1610 of this subtitle shall be met within 90 days after the completion of the development 28
project. 29
SENATE BILL 526 9
(5) Linear projects that involve no change in land use may not be subject 1
to afforestation requirements. 2
(6) SOLAR PHOTOVOLTAIC FA CILITIES MAY NOT BE SUBJECT TO 3
AFFORESTATION REQUIR EMENTS UNDER THIS SU BTITLE. 4
(b) There is a forest conservation threshold established for all land use categories 5
as provided in subsection (c) of this section. The forest conservation threshold means the 6
percentage of the net tract area at which the reforestation requirement changes from a 7
ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1 8
acre removed. 9
(c) After every reasonable effort to minimize the cutting or clearing of trees and 10
other woody plants is exhausted in the development of a subdivision plan and grading and 11
sediment control activities and implementation of the forest conservation plan, the forest 12
conservation plan shall provide for reforestation, or payment into the Forest Conservation 13
Fund, according to the formula set forth in subsection (b) of this section and consistent with 14
the following forest conservation thresholds for the applicable land use category: 15
(1) Agricultural and resource areas: 50% of net tract area; 16
(2) Medium density residential areas: 25% of net tract area; 17
(3) Institutional development areas: 20% of net tract area; 18
(4) High density residential areas: 20% of net tract area; 19
(5) Mixed use and planned unit development areas: 15% of net tract area; 20
and 21
(6) Commercial and industrial use areas: 15% of net tract area. 22
(d) (1) Subject to the provisions of paragraph (2) of this subsection § 5–1606.1 23
OF THIS SUBTITLE: 24
(I) EXCEPT AS PROVIDED IN ITEM (II) OF THIS PARAGRAPH , for 25
all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area 26
above the applicable forest conservation threshold, the area of forest removed shall be 27
reforested at a ratio of 1/4 1 acre planted for every 1 acre removed. REMOVED; AND 28
(II) FOR ALL EXISTING FORE ST COVER LOCATED IN A PRIORITY 29
FUNDING AREA DESIGNATED UNDER § 5–7B–03 OF THE STATE FINANCE AND 30
PROCUREMENT ARTICLE, AND NOT IDENTIFIED A S A PRIORITY FOR RET ENTION AS 31
DESCRIBED IN § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10 32
ACRE CLEARED ON THE NET TRACT AREA , THE AREA OF FOREST R EMOVED SHALL 33
BE REFORESTED AT A R ATIO OF 1/2 ACRE PLANTED FOR EVE RY 1 ACRE REMOVED . 34 10 SENATE BILL 526
(2) UPON MEETING THE REFO RESTATION AND AFFORE STATION 1
REQUIREMENTS IN THIS SECTION, ALL UNFORESTED RIPAR IAN BUFFERS ON SITE 2
SHALL BE AFFORESTED AND REFORESTED , UNLESS THE APPL ICANT 3
DEMONSTRATES TO THE DEPARTMENT OR THE LOC AL AUTHORITY THAT 4
AFFORESTATION IN THE RIPARIAN BUFFER : 5
(I) WOULD BE IN CONFLICT WITH ALLOWABLE USES AS 6
ESTABLISHED FOR THE RIPARIAN BUFFER ; 7
(II) IS LOCATED ON PARK PR OPERTY AND CONFLICTS WITH THE 8
MISSION AND ESTABLISHED STEWARDSHIP PRACTICE S OF THE PARK; OR 9
(III) IS NOT SUITABLE FOR T HE ESTABLISHMENT AND 10
RETENTION OF THE REQ UIRED PLANTING MATER IALS, IN WHICH CASE SUBSTI TUTE 11
ENVIRONMENTAL PROTEC TION MEASURES MUST B E IMPLEMENTED . 12
(2) Each acre of forest retained on the net tract area above the applicable 13
forest conservation threshold shall be credited against the total number of acres required 14
to be reforested under paragraph (1) of this subsection. 15
(e) For all existing forest cover measured to the nearest 1/10 acre cleared on the 16
net tract area below the applicable forest conservation threshold, the area of forest removed 17
shall be reforested at a ratio of 2 acres planted for every 1 acre removed. 18
(f) (C) (1) The reforestation requirements under this section shall be 19
accomplished within 1 year or 2 growing seasons after completion of the development 20
project. 21
(2) If reforestation cannot be reasonably accomplished on–site or off–site, 22
the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this 23
subtitle shall be met within 90 days after completion of the development project. 24
(g) (D) A EXCEPT AS PROVIDED IN SUBSECTION (A)(6) OF THIS SECTION, 25
A unit of local government with planning and zoning authority may adopt forest 26
conservation thresholds and afforestation and reforestation requirements as part of its local 27
forest conservation program that are more stringent than the forest conservation 28
thresholds and afforestation and reforestation requirements in this section. 29
(H) ANY REFORESTATION REQ UIREMENTS UNDER THIS SUBTITLE SHALL BE 30
CALCULATED UNDER § 5–1606.1 OF THIS SUBTITLE INS TEAD OF THIS SECTION IF 31
THE ACREAGE OF REQUI RED REFORESTATION IS GREATER AS CALCULATE D UNDER 32
§ 5–1606.1 OF THIS SUBTITLE THA N IS THE CASE A S CALCULATED UNDER T HIS 33
SECTION. 34
SENATE BILL 526 11
5–1606.1. 1
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 2
FOR ALL EXISTING FOR EST COVER MEASURED T O THE NEAREST 1/10 ACRE CLEARED 3
ON A SITE, THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A RATIO OF 1 4
ACRE PLANTED FOR EVE RY 1 ACRE CLEARED . 5
(2) FOR ALL EXISTING PRIO RITY FOREST COVER , AS DESCRIBED 6
UNDER § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10 ACRE 7
CLEARED ON A SITE , THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A 8
RATIO OF 2 ACRES PLANTED FOR EVERY 1 ACRE CLEARED . 9
(B) (A) (1) A LOCAL JURISDICTION M AY PROPOSE , AND THE 10
DEPARTMENT MAY APPROV E, ALTERNATIVE AFFOREST ATION, REFORESTATION , 11
AND PRESERVATION REQ UIREMENTS THAT ARE E XPECTED TO RESULT IN THE 12
LOCAL PROGRAM AT A M INIMUM MAINTAI NING ITS EXISTING LE VEL OF FOREST 13
COVER OVER A 2–YEAR 4–YEAR PERIOD. 14
(2) IF THE DEPARTMENT FINDS THAT THE PROPOSED ALTERNA TIVE 15
AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE NOT 16
EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE LEVEL OF FOREST 17
COVER, THE DEPARTMENT SHALL : 18
(I) REJECT THE PROPOSED A LTERNATIVE AFFORESTA TION, 19
REFORESTATION , AND PRESERVATION REQ UIREMENTS; AND 20
(II) PROVIDE THE LOCAL JUR ISDICTION WITH WRITT EN NOTICE 21
OF THE ELEMENTS OF T HE PROPOSAL THAT NEE D TO BE REVISED. 22
(3) IN DETERMINING WHETHE R PROPOSED ALTERNATI VE 23
AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE 24
EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE EXISTING LEVEL OF 25
FOREST COVER , THE DEPARTMENT SHALL CONSIDER: 26
(I) CONSIDER CREDITS GENERATED UN DER § 5–1607(B)(3) OF 27
THIS SUBTITLE TO BE FOREST ACREAGE ; 28
(II) BASE ITS DETERMINATIO N ON THE LOCAL ANNUA L 29
REPORTS REQUIRED UND ER § 5–1613 OF THIS SUBTITLE; AND 30
(III) EXCLUDE THE EFFECT OF A PROJECT: 31
1. APPROVED BEFORE JULY 1, 2024; OR 32
12 SENATE BILL 526
2. DESCRIBED IN § 5–1602(B) OF THIS SUBTITLE. 1
(4) THE ON OR BEFORE DECEMBER 31, 2028, THE DEPARTMENT 2
SHALL RESCIND APPROVAL PROVIDE WRITTEN NOTI CE REQUIRING MODIFIC ATION 3
OF ALTERNATIVE AFFOR ESTATION, REFORESTATION , AND PRESERVATION 4
REQUIREMENTS IF THE LOCAL PROGRAM DOES N OT MAINTAIN: 5
(I) MAINTAIN OR EXPAND THE LOCAL JURISDICTI ON’S 6
BASELINE EXISTING LEVEL OF FOREST COVE R OVER TWO CONSECUTI VE 2–YEAR 7
PERIODS; OR 8
(II) SUBMIT THE LOCAL ANNU AL REPORTS REQUIRED UNDER § 9
5–1613 OF THIS SUBTITLE. 10
(5) ON OR AFTER JANUARY 1, 2029, THE DEPARTMENT MAY RESCIN D 11
APPROVAL OF ALTERNAT IVE AFFORESTATION , REFORESTATION , AND 12
PRESERVATION REQUIRE MENTS IF THE LOCAL P ROGRAM DOES NOT MEET A 13
CONDITION SPECIFIED UNDER PARAGRAPH (4)(I) OR (II) OF THIS SUBSECTION. 14
5–1607. 15
(a) The preferred sequence for afforestation and reforestation shall be established 16
by the State or local authority in accordance with the following after all techniques for 17
retaining existing forest cover on–site have been exhausted: 18
(1) Those techniques that enhance existing forest and involve selective 19
clearing or supplemental planting on–site; 20
(2) On–site afforestation or reforestation may be utilized where the 21
retention options have been exhausted. In those cases, the method shall be selected in 22
accordance with subsection (b) of this section, and the location shall be selected in 23
accordance with subsection (d) of this section; 24
(3) (i) Off–site afforestation or reforestation in the same watershed or 25
in accordance with an approved master plan may be utilized where the applicant has 26
demonstrated that no reasonable on–site alternative exists, or where: 27
1. Any on–site priority areas for afforestation or 28
reforestation have been planted in accordance with subsection (d) of this section; and 29
2. The applicant has justified to the satisfaction of the State 30
or local jurisdiction that environmental benefits associated with off–site afforestation or 31
reforestation would exceed those derived from on–site planting; 32
SENATE BILL 526 13
(ii) In these cases, the method shall be selected in accordance with 1
subsection (b) of this section, and the location shall be selected in accordance with 2
subsection (d) of this section; and 3
(iii) Off–site afforestation or reforestation may include the use of 4
forest mitigation banks which have been so designated in advance by the State or local 5
forest conservation program which is approved by the Department; and 6
(4) The State or local jurisdiction may allow an alternative sequence for a 7
specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans 8
or policies or to take advantage of opportunities to consolidate forest conservation efforts. 9
(b) Standards for meeting afforestation or reforestation requirements shall be 10
established by the State or local program using one or more of the following methods: 11
(1) Forest creation in accordance with a forest conservation plan using one 12
or more of the following: 13
(i) Transplanted or nursery stock; 14
(ii) Whip and seedling stock; or 15
(iii) Natural regeneration where it can be shown to adequately meet 16
the objective of the forest conservation plan[.]; 17
(2) [The] FOR A QUALIFIED PROJE CT, THE use of qualified conservation 18
completed in a forest mitigation bank TO MEET: 19
(I) UP TO 50% OF THE AFFORESTATION OR REFORESTATION 20
REQUIREMENT , in which case, the afforestation or reforestation credit granted may not 21
exceed 50% of the forest area encumbered in perpetuity[.]; OR 22
(II) IF, A LOCAL JURISDICTION PROPOSES, AND AFTER PUBLIC 23
COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUSTIFICATIO N FOR THE 24
INCREASE, UP TO 60% OF THE AFFORESTATION OR REFORESTATION REQ UIREMENT, 25
IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT GRAN TED MAY 26
NOT EXCEED 50% OF THE FOREST AREA E NCUMBERED IN PER PETUITY; 27
(3) [The use of street trees in] IN a municipal corporation with a tree 28
management plan, in an existing population center designated in a county master plan that 29
has been adopted to conform with the Economic Growth, Resource Protection, and Planning 30
Act of 1992, or in any other designated area approved by the Department as part of a local 31
program, under criteria established by the local program, subject to the approval of the 32
Department, using: 33
14 SENATE BILL 526
(i) [Street] THE PLANTING OF STREE T trees as a permissible step 1
in the priority sequence for afforestation or reforestation and, based on a mature canopy 2
coverage, may grant full credit as a mitigation technique; [and] 3
(ii) Acquisition as a mitigation technique of an off–site protective 4
easement for existing forested areas not currently protected in perpetuity, in which case 5
the afforestation or reforestation credit granted may not exceed 50% of the area of forest 6
cover protected[.]; 7
(III) THE RESTORATION OF ON– OR OFF–SITE DEGRADED 8
FOREST, INCLUDING SOIL AMENDMENT AND STABIL IZATION ENHANCEMENT 9
WITHOUT GRADING , THE REMOVAL OF INVAS IVE SPECIES, WILDLIFE CONTROL , THE 10
ESTABLISHMENT IMPROVEMENT OF UNDERSTORY , AND NEW TREE PLANTIN GS, AS 11
APPROPRIATE , IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT 12
GRANTED MAY NOT EXCE ED 50% OF THE AREA OF FORES T RESTORED; AND 13
(IV) THE ESTABLISHMENT OF PLANTED GREEN 14
INFRASTRUCTURE OR PLANTED ENVIRONMENTAL SITE D ESIGN PRACTICES BEYO ND 15
THE AMOUNT REQUIRED UNDER § 4–203 OF THE ENVIRONMENT ARTICLE MAY 16
GRANT FULL CREDIT AS A MITIGATION TECHNIQ UE; AND 17
(4) When all other options, both on–site and off–site, have been exhausted, 18
landscaping as a mitigation technique, conducted under an approved landscaping plan that 19
establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area. 20
(c) (1) The following trees, shrubs, plants, and specific areas shall be 21
considered priority for retention and protection, and they shall be left in an undisturbed 22
condition unless the applicant has demonstrated, to the satisfaction of the State or local 23
authority, that reasonable efforts have been made to protect them and the plan cannot 24
reasonably be altered: 25
(i) Trees, shrubs, and plants located in sensitive areas including 26
100–year floodplains, intermittent [and] STREAMS AND THEIR BU FFERS OF AT LEAST 27
50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT 28
LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep 29
slopes, and critical habitats; [and] 30
(ii) Contiguous forest that connects the largest undeveloped or most 31
vegetated tracts of land within and adjacent to the site; AND 32
(III) TREES, SHRUBS, AND PLANTS FOREST SU ITABLE FOR 33
FOREST INTERIOR –DWELLING SPECIES ; 34
(IV) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 35
WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ; 36 SENATE BILL 526 15
(V) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 1
ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTECTION AREA AS 2
IDENTIFIED BY A LOCA L JURISDICTION; AND 3
(VI) FORESTS IN URBAN AREAS THAT ARE ESSENTIAL: 4
1. AS DELINEATED IN THE PRIORITY URBAN FORES T 5
MAPPING INCLUDED IN THE STATE FOREST CONSERVATION TECHNICAL MANUAL 6
REQUIREMENTS ; OR 7
2. THAT ARE MOST IMPORTA NT FOR PROVIDING 8
WILDLIFE HABITAT OR MITIGATING FLOODING , HIGH TEMPERATURES , OR AIR 9
POLLUTION. 10
(2) The following trees, shrubs, plants, and specific areas shall be 11
considered priority for retention and protection, and they shall be left in an undisturbed 12
condition unless the applicant has demonstrated, to the satisfaction of the State or local 13
authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle: 14
(I) FOREST LAND SUITABLE FOR FOREST INTERIOR–DWELLING 15
SPECIES AND FOREST C ORRIDORS CONNECTING THESE FOREST PATCHES ; 16
(II) FOREST LAND LOCATED I N A TARGETED ECOLOGI CAL AREA 17
AS IDENTIFIED BY THE DEPARTMENT ; 18
(III) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 19
WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ; 20
(IV) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 21
ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS 22
IDENTIFIED BY A LOCA L JURISDICTION; 23
[(i)] (V) Trees, shrubs, or plants identified on the list of rare, 24
threatened, and endangered species of the U.S. Fish and Wildlife Service or the 25
Department; 26
[(ii)] (VI) Trees that are part of a historic site or associated with a 27
historic structure or designated by the Department or local authority as a national, State, 28
or local Champion Tree; and 29
[(iii)] (VII) Trees having a diameter measured at 4.5 feet above the 30
ground of: 31
1. 30 inches; or 32 16 SENATE BILL 526
2. 75% of the diameter, measured at 4.5 feet above the 1
ground, of the current State Champion Tree of that species as designated by the 2
Department. 3
(3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SHALL ISSU E 4
WRITTEN FINDINGS AND JUSTIFICATION FOR AN Y CLEARING OF A PRIO RITY 5
RETENTION AREA DESCR IBED IN PARAGRAPH (1) OR (2) OF THIS SUBSECTION . 6
(II) ANY JUDICIAL REVIEW OF A FI NAL DETERMINATION MA DE 7
UNDER THIS PARAGRAPH 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
(d) The following shall be considered priority for afforestation or reforestation: 13
(1) Establish or enhance forest buffers adjacent to intermittent and 14
perennial streams and coastal bays to widths of at least 50 feet; 15
(2) Establish or increase existing forested corridors to connect existing 16
forests within or adjacent to the site and, where practical, forested corridors should be a 17
minimum of 300 feet in width to facilitate wildlife movement; 18
(3) Establish or enhance forest buffers adjacent to critical habitats where 19
appropriate; 20
(4) Establish or enhance forested areas in 100–year floodplains; 21
(5) Establish plantings to stabilize slopes of 25% or greater and slopes of 22
15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other 23
natural depressions; 24
(6) Establish buffers adjacent to areas of differing land use where 25
appropriate, or adjacent to highways or utility rights–of–way; 26
(7) Establish forest areas adjacent to existing forests so as to increase the 27
overall area of contiguous forest cover, when appropriate; and 28
(8) Use native plant materials for afforestation or reforestation, when 29
appropriate. 30
SENATE BILL 526 17
(e) (1) As part of the development of a forest conservation program, the State 1
or local government shall develop provisions for: 2
(i) Preservation of areas described in subsections (c) and (d)(1) and 3
(3) of this section; 4
(ii) Retention as forest of all land forested, afforested, or reforested 5
under this subtitle; and 6
(iii) Limitation of uses of forest to those that are not inconsistent with 7
forest conservation, such as recreational activities and forest management under 8
subsection (f) of this section. 9
(2) The provisions required in paragraph (1) of this subsection may include 10
protective agreements for areas of forest conservation, including conservation easements, 11
deed restrictions, and covenants. 12
(f) An owner may place land that is forested, afforested, or reforested under this 13
subtitle in the forest conservation and management program under § 8–211 et seq. of the 14
Tax – Property Article or in a forest management plan prepared by a licensed forester and 15
approved by the local authority or the State. Reforestation shall be required when the final 16
regeneration harvest is complete or if determined to be necessary due to the lack of 17
adequate natural regeneration. 18
5–1610.1. 19
(c) [Mitigation] AFTER DECEMBER 31, 2020, MITIGATION banks may be 20
allowed only [in priority]: 21
(1) IF THE APPLICATION WA S SUBMITTED BEFORE DECEMBER 31, 22
2020; OR 23
(2) WHEN USING: 24
(I) QUALIFIED CONSERVATIO N LOCATED IN PRIORITY 25
RETENTION AREAS AS I DENTIFIED IN § 5–1607(C) OF THIS SUBTITLE; OR 26
(II) NEWLY PLANTED FOREST LOCATED IN PRIORITY 27
AFFORESTATION OR REF ORESTATION areas as identified in § 5–1607(d) of this subtitle 28
or as identified in a comprehensive plan adopted by a local jurisdiction. 29
Article – Tax – Property 30
8–211. 31
(a) (1) In this section the following words have the meaning indicated. 32 18 SENATE BILL 526
(2) “Agreement” means an agreement made under subsection (c) of this 1
section. 2
(3) “Program” means the forest conservation and management program. 3
(b) The Department of Natural Resources shall establish the program to: 4
(1) encourage the preservation or development of land for productive 5
woodland purposes; 6
(2) increase the income of persons in the State from the sale of timber; 7
(3) prevent flooding of land and the loss of the State’s soil; 8
(4) provide wooded areas for the use and enjoyment of all individuals in the 9
State; and 10
(5) promote the welfare and assets of the State. 11
(c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 12
SUBSECTION, THE owner of at least 5 contiguous acres of land may make an agreement 13
with the Department of Natural Resources to place the land in the program. 14
(2) IN BALTIMORE CITY AND ANNE ARUNDEL, BALTIMORE, 15
HOWARD, MONTGOMERY , AND PRINCE GEORGE’S COUNTIES, THE OWNER OF AT 16
LEAST 2 CONTIGUOUS ACRES OF LAND MAY MAKE AN AGR EEMENT WITH THE 17
DEPARTMENT OF NATURAL RESOURCES TO PLACE TH E LAND IN THE PROGRA M. 18
Chapter 645 of the Acts of 2021 19
SECTION 11. AND BE IT F URTHER ENACTED, That, except as provided in 20
Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION 21
7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of 22
June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required 23
by the General Assembly, shall be abrogated and of no further force and effect. Subject to 24
Section 10 of this Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of 25
10 years and 1 month and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with 26
no further action required by the General Assembly, shall be abrogated and of no further 27
force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1 28
month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required 29
by the General Assembly, shall be abrogated and of no further force and effect. 30
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 31
as follows: 32
SENATE BILL 526 19
Article – Natural Resources 1
5–1610. 2
(b) There is a Forest Conservation Fund in the Department. 3
(e) (1) The Department shall accomplish the reforestation or afforestation for 4
which the money is deposited within [2] 5 years or [3] 6 growing seasons, as appropriate, 5
after receipt of the money. 6
(2) Money deposited in the Fund under subsection (c) of this section shall 7
remain in the Fund for a period of [2] 5 years or [3] 6 growing seasons, and at the end of 8
that time period, any portion that has not been used OR ENCUMBERED to meet the 9
afforestation or reforestation requirements shall be returned to the person who provided 10
the money to be used for documented tree planting in the same county or watershed beyond 11
that required by this subtitle or other applicable statutes. 12
SECTION 5. AND BE IT FURTHER ENACTED, That: 13
(a) The Department of Natural Resources shall update the State Forest 14
Conservation Technical Manual on or before December 31, 2024, for consistency with this 15
Act. 16
(b) The updates shall include: 17
(1) guidance on: 18
(i) when the clearing of a priority area for retention described in § 19
5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 20
including for purposes related to forest health or composition; and 21
(ii) the use of site design practices to minimize clearing; and 22
(2) standards by which credit may be granted for the restoration of 23
degraded forest. 24
SECTION 6. AND BE IT FURTHER ENACTED, That the Department of Natural 25
Resources shall establish a workgroup to evaluate and recommend incentives for private 26
landowners to conserve forest, including adjusting the minimal acreage of contiguous 27
forested land required to qualify for the forest conservation and management program 28
established under § 8–211 of the Tax – Property Article. 29
SECTION 7. AND BE IT FURTHER ENACTED, That, on or before December 31, 30
2023, the Department of Natural Resources shall issue a description of the procedures the 31
Department will use to determine whether a local program is expected to maintain or 32
expand the existing level of forest cover in the jurisdiction. 33
20 SENATE BILL 526
SECTION 8. AND BE IT FURTHER ENACTED, That, on or before December 31, 1
2023, the Department of Natural Resources shall approve or reject alternative 2
afforestation, reforestation, and preservation requirements adopted by a local jurisdiction 3
before September 1, 2023. 4
SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to: 5
(1) a solarvoltaic facility granted a certificate of public convenience and 6
necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 7
before July 1, 2023; 8
(2) a forest conservation plan approved before July 1, 2024, that is 9
associated with a subdivision plan, site plan, building permit, or grading or sediment 10
control application; or 11
(3) a revision to a plan or permit described in item (2) of this section that 12
does not materially alter the proposed or actual limits of disturbance. 13
SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 14
Act shall take effect July 1, 2024. 15
SECTION 4. 11. AND BE IT FURTHER ENACTED, That , except as provided in 16
Section 10 of this Act, this Act shall take effect October July 1, 2023. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.