WES MOORE, Governor Ch. 542
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Chapter 542
(Senate Bill 526)
AN ACT concerning
Natural Resources – Forest Preservation and Retention
FOR the purpose of altering the definition of “qualified conservation” for purposes of
provisions of law related to forest mitigation banks; establishing and authorizing
altering exemptions from certain afforestation, reforestation, and preservation
requirements; altering certain alternative methods of calculating forest
afforestation, reforestation, and preservation requirements; altering the
development projects for which afforestation or reforestation credits granted may not
exceed a certain percentage of forest conserved; authorizing local jurisdictions to
adopt certain alternative afforestation, reforestation, and preservation
requirements; altering rules for the use of qualified conservation to meet
afforestation or reforestation requirements; adding certain tree plantings and
practices as methods that certain municipal corporations may use to meet
afforestation or reforestation requirements; adding certain areas and vegetation
considered to be a priority for forest retention and protection under certain
circumstances; lowering the acreage threshold in certain counties for participation
in the forest conservation and management program; providing for judicial review of
certain plans and determinations; extending the time period for the Department of
Natural Resources to spend certain money deposited in the Forest Conservation
Fund; requiring the Department to update the State Forest Conservation Technical
Manual; requiring the Department to establish a workgroup to evaluate and
recommend incentives for private landowners to conserve forests; and generally
relating to forest preservation and retention.
BY repealing
Article – Natural Resources
Section 5–101(i) and 5–102(b)(1)
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY renumbering
Article – Natural Resources
Section 5–101(j) through (m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8)
to be Section 5–101(i) through (l) and 5–1601(ii) through (rr) 5–102(b)(3) through (9),
respectively
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 5–101(a), 5–1601(a), and 5–1602(a), and 5–1610(b) Ch. 542 2023 LAWS OF MARYLAND
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Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 5–101(e), 5–1601(gg), 5–1602(b)(5), 5–1602(b)(4), (5), (12), and (13),
5–1603(a)(1) and (c)(3)(ii), 5–1605(d), 5–1606, and 5–1607, 5–1610(e), and
5–1610.1(c)
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY adding to
Article – Natural Resources
Section 5–101(m), 5–102(b)(1) and (2), 5–1601(hh), 5–1602(b)(14) through (17), and
5–1606.1
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Tax – Property
Section 8–211(a) and (b)
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Tax – Property
Section 8–211(c)
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Chapter 645 of the Acts of the General Assembly of 2021
Section 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That Section(s) 5–101(i) of Article – Natural Resources of the Annotated Code of Maryland
be repealed.
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5 –101(j) through
(m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8) of Article – Natural Resources of
the Annotated Code of Maryland be renumbered to be Section(s) 5–101(i) through (l) and
5–1601(ii) through (rr) 5–102(b)(3) through (9), respectively.
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
WES MOORE, Governor Ch. 542
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Article – Natural Resources
5–101.
(a) In this title the following words have the meanings indicated.
(e) (1) “Forest land” means [a biological community dominated by trees and
other woody plants that are capable of producing timber or other wood products with a
stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or
greater diameter at 4.5 feet above the ground] A CONTIGUOUS PATCH O F TREES THAT
IS AT LEAST 1 ACRE IN SIZE EXHIBIT ING AT LEAST ONE TRA NSECT OF AT LEAST 240
120 FEET IN WIDTH.
(2) “Forest land” includes forested areas that have been cut but not
converted to other land uses.
(M) “TREE CANOPY” MEANS THE CROWNS OF DECIDUOUS AND EVERGR EEN
WOODY VEGETATION THA T IS:
(1) THE PRODUCT OF N ATURAL GROWTH OR HUM AN PLANTING; AND
(2) GREATER THAN 3 METERS IN HEIGHT .
5–102.
(b) It is the policy of the State to encourage the retention and sustainable
management of forest lands by:
[(1) Achieving no net loss of forest;]
(1) INCREASING THE ACREAGE OF INCREASING, AS MEASURED
EVERY 4 YEARS, THE ACREAGE OF FORES T LAND IN THE STATE AS MEASURED EVERY
4 YEARS THAT IS:
(I) FOREST LAND; OR
(II) COVERED;
(2) INCREASING, AS MEASURED EVERY 4 YEARS, THE ACREAGE OF
LAND IN THE STATE COVERED BY TREE CANOPY , FOR LAND LOCATED INS IDE AN
URBAN AREA OR AND OUTSIDE AN URBAN ARE A;
5–1601.
(a) In this subtitle the following words have the meanings indicated. Ch. 542 2023 LAWS OF MARYLAND
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(gg) “Qualified conservation” means the conservation of all or a part of an existing
forest that:
(1) [Was] HAS BEEN approved [on or before December 31, 2020,] by the
appropriate State or local forest conservation program for the purpose of establishing a
forest mitigation bank; [and]
(2) IS NOT LOCATED ON LAN D FOR WHICH:
(I) DEVELOPMENT OR SUBDIV ISION RIGHTS HAVE BE EN
MATERIALLY EXTINGUIS HED;
(II) STATE OR LOCAL LAW PR OHIBITS SUBDIVISION OF THE
LAND WITHOUT THE APP ROVAL OF A WAIVER , MODIFICATION , OR VARIANCE, NOT
INCLUDING A VARIANCE ISSUED UNDER THIS SU BTITLE;
(III) THE SOIL IS REASONABL Y EXPECTED TO BE UNS UITABLE
FOR SUPPORTING A CON VENTIONAL SEPTIC SYS TEM AND PUBLIC SEWER SERVICE IS
NOT PLANNED ; OR
(IV) MAJOR SUBDIVISIONS AR E PROHIBITED BY LOCA L ZONING
OR § 9–206 OF THE ENVIRONMENT ARTICLE; AND
(3) Is encumbered in perpetuity by a restrictive easement, covenant, or
another similar mechanism recorded in the county land records to conserve its character
as a forest.
(HH) “QUALIFIED PROJECT ” MEANS A PROJECT :
(1) THAT USES QUALIFIED C ONSERVATION FOR WHICH AN
APPLICATION WAS SUBM ITTED OR APPROVED ON OR BEFORE DECEMBER 31, 2020;
OR
(2) THAT IS GOVERNED BY A LOCAL PROGRAM THAT H AS
ALTERNATIVE AFFOREST ATION, REFORESTATION , AND PRESERVATION
REQUIREMENTS ADOPTED UNDER § 5–1606.1 OF THIS SUBTITLE.
5–1602.
(a) Except as provided in subsection (b) of this section, this subtitle shall apply to
any public or private subdivision plan or application for a grading or sediment control
permit by any person, including a unit of State or local government on areas 40,000 square
feet or greater. WES MOORE, Governor Ch. 542
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(b) The provisions of this subtitle do not apply to:
(4) Any agricultural activity that does not result in a change in land use
category, including THE OPERATION OF ORC HARDS AND TREE FARMS AND THE
CONSTRUCTION AND USE OF agricultural support buildings and other related structures
built using accepted best management practices;
(5) The cutting or clearing of public utility rights–of–way [or land] for
electric generating stations licensed pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of
the Public Utilities Article, provided that:
(i) Any required certificates of public convenience and necessity
have been issued in accordance with § 5–1603(f) of this subtitle; and
(ii) The cutting or clearing of the forest is conducted so as to
minimize the loss of forest;
(12) Any stream restoration project for which the applicant for a grading or
sediment control permit has executed a binding maintenance agreement of at least 5 years
with the affected property owner; [and]
(13) Maintenance or retrofitting of a stormwater management structure
that may include clearing of vegetation or removal and trimming of trees, so long as the
maintenance or retrofitting is within the original limits of disturbance for construction of
the existing structure, or within any maintenance easement for access to the structure;
(14) FOREST MANAGEMENT ;
(15) TRANSIT–ORIENTED DEVELOPMENT , AS DEFINED UNDER § 7–101
OF THE TRANSPORTATION ARTICLE, PROVIDED THAT THE AR EA OF FOREST
REMOVED SHALL BE :
(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE
REPLANTED FOR EACH A CRE REMOVED ; OR
(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS
PERMANENTLY PROTECTE D FOR EACH ACRE REMO VED;
(16) THE CONSTRUCTION OF A NEW FEDERAL GOVERNME NT FACILITY
PROJECTED TO HOUSE T HE EMPLOYMENT OF AT LEAST 2,500 PERSONS; AND
(17) THE CONSTRUCTION OF M ULTIFAMILY HOUSING , CONSISTING OF
A SINGLE STRUCTURE C ONTAINING AT LEAST 25 DWELLING UNITS , PROVIDED THAT
THE AREA OF FOREST R EMOVED SHALL BE : Ch. 542 2023 LAWS OF MARYLAND
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(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE
REPLANTED FOR EACH A CRE REMOVED ; OR
(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS
PERMANENTLY PROTECTE D FOR EACH ACRE REMO VED.
5–1603.
(a) (1) A unit of local government having planning and zoning authority shall
develop a local forest conservation program[, consistent]:
(I) CONSISTENT with the intent, requirements, and standards of
this subtitle; AND
(II) AFFORDING DUE CONSIDE RATION TO THE POLICY GOALS
ESTABLISHED UNDER :
1. TITLE 5, SUBTITLE 7A OF THE STATE FINANCE AND
PROCUREMENT ARTICLE; AND
2. THE PLANS ADOPTED UND ER TITLE 1, SUBTITLE 4
AND TITLE 3 OF THE LAND USE ARTICLE.
(c) (3) (ii) A local forest conservation program, when approved by the
Department, may:
1. Allow clustering and other innovative land use techniques
that protect and establish forests where open space is preserved, sensitive areas are
protected, and development is physically concentrated; and
2. [Waive] PROVIDE FOR THE WAIVE R OR MODIFICATION
OF the requirements of this subtitle for previously developed areas covered by impervious
surface and located in priority funding areas at the time of the application for subdivision
plan, grading, or sediment control permit approval.
5–1605.
(d) (1) AT LEAST 20 DAYS BEFORE APPROVAL OF THE FOREST
CONSERVATION PLAN , THE DEPARTMENT OR LOCAL A UTHORITY SHALL :
(I) PROVIDE NOTICE THAT I S CONSISTENT WITH LO CAL
AUTHORITY NOTICE REQ UIREMENTS TO ALL PRO PERTY OWNERS ABUTTIN G AND
ADJACENT TO THE BOUN DARY OF THE SU BJECT PROPERTY OF AN Y PROPOSED WES MOORE, Governor Ch. 542
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CLEARING OF A PRIORI TY RETENTION AREA AS DESCRIBED IN § 5–1607(C) OF THIS
SUBTITLE; AND
(II) 1. ON A NET TRACT AREA O F AT LEAST 5 ACRES AND IF
AT LEAST 75% OF THE PRIORITY RETE NTION AREA IS PROPOS ED TO BE CLEARED ,
PROVIDE AN OPPORTUNITY FOR W RITTEN AND VERBAL CO MMENT BEFORE PLAN
APPROVAL; OR
2. FOR ANY OTHER PROJECT WHERE PRIORITY
RETENTION AREA IS PR OPOSED FOR CLEARING , PROVIDE AN OPPORTUNI TY FOR
PUBLIC WRITTEN COMME NT BEFORE PLAN APPRO VAL.
(2) PROPERTY SEPARATED FROM THE SUBJECT PRO PERTY BY A
PUBLIC RIGHT–OF–WAY SHALL BE CONSIDE RED ABUTTING AND ADJ ACENT.
(3) (I) Within 45 days from receipt of the forest conservation plan, the
Department or local authority shall notify the applicant whether the forest conservation
plan is complete.
(II) If the Department or local authority fails to notify the applicant
about the forest conservation plan within 45 days, the plan shall be treated as complete
and approved.
(III) The Department or local authority may require further
information or provide for an extension of this deadline for an additional 15 days for
extenuating circumstances.
(IV) In addition, at the request of the applicant, the State or local
authority may extend this deadline for extenuating circumstances.
(4) (I) A PERSON PETITIONING F OR JUDICIAL REVIEW O F AN
APPROVED FOREST CONS ERVATION PLAN SHALL FILE THE PETITION IN
ACCORDANCE WITH THE MARYLAND RULES NOT LATER THAN 30 DAYS AFTER
APPROVAL OF THE FORE ST CONSERVATION PLAN .
(II) ANY JUDICIAL REVIEW O F A FOREST CONSERVAT ION PLAN
SHALL BE:
1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND
RULES; AND
2. LIMITED TO THE RECORD COMPILED BY THE
DEPARTMENT OR THE LOC AL AUTHORITY.
Ch. 542 2023 LAWS OF MARYLAND
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5–1606.
(a) (1) For the following land use categories, tracts having less than 20% of the
net tract area in forest cover shall be afforested up to 20% of the net tract area:
(i) Agriculture and resource areas; and
(ii) Medium density residential areas.
(2) For the following land use categories, tracts having less than 15% of the
net tract area in forest cover shall be afforested up to 15% of the net tract area:
(i) Institutional development areas;
(ii) High density residential areas;
(iii) Mixed use and planned unit development areas; and
(iv) Commercial and industrial use areas.
(3) Afforestation requirements must conform to the conditions in §§ 5–1607
and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if
afforestation on–site or off–site cannot be reasonably accomplished.
(4) (i) The afforestation requirements under this subsection shall be
accomplished within 1 year or 2 growing seasons after the completion of the development
project.
(ii) If afforestation cannot be reasonably accomplished on–site or
off–site, the requirement to contribute money to a Forest Conservation Fund under §
5–1610 of this subtitle shall be met within 90 days after the completion of the development
project.
(5) Linear projects that involve no change in land use may not be subject
to afforestation requirements.
(6) SOLAR PHOTOVOLTAIC FA CILITIES MAY NOT BE SUBJECT TO
AFFORESTATION REQUIR EMENTS UNDER THIS SU BTITLE.
(b) There is a forest conservation threshold established for all land use categories
as provided in subsection (c) of this section. The forest conservation threshold means the
percentage of the net tract area at which the reforestation requirement changes from a
ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1
acre removed.
WES MOORE, Governor Ch. 542
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(c) After every reasonable effort to minimize the cutting or clearing of trees and
other woody plants is exhausted in the development of a subdivision plan and grading and
sediment control activities and implementation of the forest conservation plan, the forest
conservation plan shall provide for reforestation, or payment into the Forest Conservation
Fund, according to the formula set forth in subsection (b) of this section and consistent with
the following forest conservation thresholds for the applicable land use category:
(1) Agricultural and resource areas: 50% of net tract area;
(2) Medium density residential areas: 25% of net tract area;
(3) Institutional development areas: 20% of net tract area;
(4) High density residential areas: 20% of net tract area;
(5) Mixed use and planned unit development areas: 15% of net tract area;
and
(6) Commercial and industrial use areas: 15% of net tract area.
(d) (1) Subject to the provisions of paragraph (2) of this subsection § 5–1606.1
OF THIS SUBTITLE:
(I) EXCEPT AS PROVIDED IN ITEM (II) OF THIS PARAGRAPH , for
all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area
above the applicable forest conservation threshold, the area of forest removed shall be
reforested at a ratio of 1/4 1 acre planted for every 1 acre removed. REMOVED; AND
(II) FOR ALL EXISTING FORE ST COVER LOCATED IN A PRIORITY
FUNDING AREA DESIGNA TED UNDER § 5–7B–03 OF THE STATE FINANCE AND
PROCUREMENT ARTICLE, AND NOT IDENTIFIED A S A PRIORITY FOR RET ENTION AS
DESCRIBED IN § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10
ACRE CLEARED ON THE NET TRACT AREA , THE AREA OF FOREST R EMOVED SHALL
BE REFORESTED AT A R ATIO OF 1/2 ACRE PLANTE D FOR EVERY 1 ACRE REMOVED .
(2) UPON MEETING THE REFO RESTATION AND AFFORE STATION
REQUIREMENTS IN THIS SECTION, ALL UNFORESTED RIPAR IAN BUFFERS ON SITE
SHALL BE AFFORESTED AND REFORESTED , UNLESS THE APPLICANT
DEMONSTRATES TO THE DEPARTMENT OR THE LOC AL AUTHORITY THAT
AFFORESTATION IN THE RIPARIAN BUFFER :
(I) WOULD BE IN CONFLICT WITH ALLOWABLE USES AS
ESTABLISHED FOR THE RIPARIAN BUFFER ;
Ch. 542 2023 LAWS OF MARYLAND
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(II) IS LOCATED ON PARK PR OPERTY AND CONFLICTS WITH THE
MISSION AND ESTABLIS HED STEWARDSHIP PRAC TICES OF THE PARK; OR
(III) IS NOT SUITABLE FOR T HE ESTABLISHMENT AND
RETENTION OF THE REQ UIRED PLANTING MATER IALS, IN WHICH CASE SUBSTI TUTE
ENVIRONMENTAL PROTEC TION MEASURES MUST B E IMPLEMENTED .
(2) Each acre of forest retained on the net tract area above the applicable
forest conservation threshold shall be credited against the total number of acres required
to be reforested under paragraph (1) of this subsection.
(e) For all existing forest cover measured to the nearest 1/10 acre cleared on the
net tract area below the applicable forest conservation threshold, the area of forest removed
shall be reforested at a ratio of 2 acres planted for every 1 acre removed.
(f) (C) (1) The reforestation requirements under this section shall be
accomplished within 1 year or 2 growing seasons after completion of the development
project.
(2) If reforestation cannot be reasonably accomplished on–site or off–site,
the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this
subtitle shall be met within 90 days after completion of the development project.
(g) (D) A EXCEPT AS PROVIDED IN SUBSECTION (A)(6) OF THIS SECTION,
A unit of local government with planning and zoning authority may adopt forest
conservation thresholds and afforestation and reforestation requirements as part of its local
forest conservation program that are more stringent than the forest conservation
thresholds and afforestation and reforestation requirements in this section.
(H) ANY REFORESTATION REQ UIREMENTS UNDER THIS SUBTITLE SHALL BE
CALCULATED UNDER § 5–1606.1 OF THIS SUBTITLE INS TEAD OF THIS SECTION IF
THE ACREAGE OF REQUI RED REFORESTATION IS GREATER AS CALCULATE D UNDER
§ 5–1606.1 OF THIS SUBTITLE THA N IS THE CASE AS CAL CULATED UNDER THIS
SECTION.
5–1606.1.
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
FOR ALL EXISTING FOR EST COVER MEASURED T O THE NEAREST 1/10 ACRE CLEARED
ON A SITE, THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A RATIO OF 1
ACRE PLANTED FOR EVE RY 1 ACRE CLEARED .
(2) FOR ALL EXISTING PRIORIT Y FOREST COVER , AS DESCRIBED
UNDER § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10 ACRE WES MOORE, Governor Ch. 542
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CLEARED ON A SITE , THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A
RATIO OF 2 ACRES PLANTED FOR EV ERY 1 ACRE CLEARED .
(B) (A) (1) A LOCAL JURISDICTION M AY PROPOSE , AND THE
DEPARTMENT MAY APPROV E, ALTERNATIVE AFFOREST ATION, REFORESTATION ,
AND PRESERVATION REQ UIREMENTS THAT ARE E XPECTED TO RESULT IN THE
LOCAL PROGRAM AT A M INIMUM MAINTAINING I TS EXISTING LEVEL OF FOREST
COVER OVER A 2–YEAR 4–YEAR PERIOD.
(2) IF THE DEPARTMENT FINDS THAT THE PROPOSED ALTERNA TIVE
AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE NOT
EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE LEVEL OF FOREST
COVER, THE DEPARTMENT SHALL :
(I) REJECT THE PROPOSED A LTERNATIVE AFFORESTA TION,
REFORESTATION , AND PRESERVATION REQ UIREMENTS; AND
(II) PROVIDE THE LOCAL JUR ISDICTION WITH WRITT EN NOTICE
OF THE ELEMENTS OF T HE PROPOSAL THAT NEE D TO BE REVISED.
(3) IN DETERMINING WHETHE R PROPOSED ALT ERNATIVE
AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE
EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE EXISTING LEVEL OF
FOREST COVER , THE DEPARTMENT SHALL CONSIDER:
(I) CONSIDER CREDITS GENERATED UN DER § 5–1607(B)(3) OF
THIS SUBTITLE TO BE FOREST ACREAGE;
(II) BASE ITS DETERMINATIO N ON THE LOCAL ANNUA L
REPORTS REQUIRED UND ER § 5–1613 OF THIS SUBTITLE; AND
(III) EXCLUDE THE EFFECT OF A PROJECT:
1. APPROVED BEFORE JULY 1, 2024; OR
2. DESCRIBED IN § 5–1602(B) OF THIS SUBTITLE.
(4) THE ON OR BEFORE DECEMBER 31, 2028, THE DEPARTMENT
SHALL RESCIND APPROVAL PROVIDE WRITTEN NOTI CE REQUIRING MODIFIC ATION
OF ALTERNATIVE AFFOR ESTATION, REFORESTATION , AND PRESERVATION
REQUIREMENTS IF THE LOCAL PROGRAM DOES N OT MAINTAIN:
Ch. 542 2023 LAWS OF MARYLAND
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(I) MAINTAIN OR EXPAND THE LOCAL JURISDICTI ON’S
BASELINE EXISTING LEVEL OF FOREST COVE R OVER TWO CONSECUTI VE 2–YEAR
PERIODS; OR
(II) SUBMIT THE LOCAL ANNU AL REPORTS REQUIRED UNDER §
5–1613 OF THIS SUBTITLE .
(5) ON OR AFTER JANUARY 1, 2029, THE DEPARTMENT MAY RESCIN D
APPROVAL OF ALTERNAT IVE AFFORESTATION , REFORESTATION , AND
PRESERVATION REQUIRE MENTS IF THE LOCAL P ROGRAM DOES NOT MEET A
CONDITION SPECIFIED UNDER PARAGRAPH (4)(I) OR (II) OF THIS SUBSECTION .
5–1607.
(a) The preferred sequence for afforestation and reforestation shall be established
by the State or local authority in accordance with the following after all techniques for
retaining existing forest cover on–site have been exhausted:
(1) Those techniques that enhance existing forest and involve selective
clearing or supplemental planting on–site;
(2) On–site afforestation or reforestation may be utilized where the
retention options have been exhausted. In those cases, the method shall be selected in
accordance with subsection (b) of this section, and the location shall be selected in
accordance with subsection (d) of this section;
(3) (i) Off–site afforestation or reforestation in the same watershed or
in accordance with an approved master plan may be utilized where the applicant has
demonstrated that no reasonable on–site alternative exists, or where:
1. Any on–site priority areas for afforestation or
reforestation have been planted in accordance with subsection (d) of this section; and
2. The applicant has justified to the satisfaction of the State
or local jurisdiction that environmental benefits associated with off–site afforestation or
reforestation would exceed those derived from on–site planting;
(ii) In these cases, the method shall be selected in accordance with
subsection (b) of this section, and the location shall be selected in accordance with
subsection (d) of this section; and
(iii) Off–site afforestation or reforestation may include the use of
forest mitigation banks which have been so designated in advance by the State or local
forest conservation program which is approved by the Department; and
WES MOORE, Governor Ch. 542
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(4) The State or local jurisdiction may allow an alternative sequence for a
specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans
or policies or to take advantage of opportunities to consolidate forest conservation efforts.
(b) Standards for meeting afforestation or reforestation requirements shall be
established by the State or local program using one or more of the following methods:
(1) Forest creation in accordance with a forest conservation plan using one
or more of the following:
(i) Transplanted or nursery stock;
(ii) Whip and seedling stock; or
(iii) Natural regeneration where it can be shown to adequately meet
the objective of the forest conservation plan[.];
(2) [The] FOR A QUALIFIED PROJE CT, THE use of qualified conservation
completed in a forest mitigation bank TO MEET:
(I) UP TO 50% OF THE AFFORESTATION OR REFORESTATION
REQUIREMENT, in which case, the afforestation or reforestation credit granted may not
exceed 50% of the forest area encumbered in perpetuity[.]; OR
(II) IF, A LOCAL JURISDICTION PROPOSES, AND AFTER PUBLIC
COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUSTIFICAT ION FOR THE
INCREASE, UP TO 60% OF THE AFFORESTATION OR REFORESTATION REQ UIREMENT,
IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT GRAN TED MAY
NOT EXCEED 50% OF THE FOREST AREA E NCUMBERED IN PERPETU ITY;
(3) [The use of street trees in] IN a municipal corporation with a tree
management plan, in an existing population center designated in a county master plan that
has been adopted to conform with the Economic Growth, Resource Protection, and Planning
Act of 1992, or in any other designated area approved by the Department as part of a local
program, under criteria established by the local program, subject to the approval of the
Department, using:
(i) [Street] THE PLANTING OF STREE T trees as a permissible step
in the priority sequence for afforestation or reforestation and, based on a mature canopy
coverage, may grant full credit as a mitigation technique; [and]
(ii) Acquisition as a mitigation technique of an off–site protective
easement for existing forested areas not currently protected in perpetuity, in which case
the afforestation or reforestation credit granted may not exceed 50% of the area of forest
cover protected[.]; Ch. 542 2023 LAWS OF MARYLAND
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(III) THE RESTORATION OF ON– OR OFF–SITE DEGRADED
FOREST, INCLUDING SOIL AMENDMENT AND STABIL IZATION ENHANCEM ENT
WITHOUT GRADING , THE REMOVAL OF INVAS IVE SPECIES, WILDLIFE CONTROL , THE
ESTABLISHMENT IMPROVEMENT OF UNDERSTORY , AND NEW TREE PLANTIN GS, AS
APPROPRIATE , IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT
GRANTED MAY NOT EXCE ED 50% OF THE AREA OF F OREST RESTORED ; AND
(IV) THE ESTABLISHMENT OF PLANTED GREEN
INFRASTRUCTURE OR PLANTED ENVIRONMENTAL SITE D ESIGN PRACTICES BEYO ND
THE AMOUNT REQUIRED UNDER § 4–203 OF THE ENVIRONMENT ARTICLE MAY
GRANT FULL CREDIT AS A MITIGATION TECHNIQ UE; AND
(4) When all other options, both on–site and off–site, have been exhausted,
landscaping as a mitigation technique, conducted under an approved landscaping plan that
establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area.
(c) (1) The following trees, shrubs, plants, and specific areas shall be
considered priority for retention and protection, and they shall be left in an undisturbed
condition unless the applicant has demonstrated, to the satisfaction of the State or local
authority, that reasonable efforts have been made to protect them and the plan cannot
reasonably be altered:
(i) Trees, shrubs, and plants located in sensitive areas including
100–year floodplains, intermittent [and] STREAMS AND THEIR BU FFERS OF AT LEAST
50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT
LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep
slopes, and critical habitats; [and]
(ii) Contiguous forest that connects the largest undeveloped or most
vegetated tracts of land within and adjacent to the site; AND
(III) TREES, SHRUBS, AND PLANTS FOREST SUITABLE FOR
FOREST INTERIOR –DWELLING SPECIES ;
(IV) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY
WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ;
(V) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION
ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS
IDENTIFIED BY A LOCA L JURISDICTION; AND
(VI) FORESTS IN URBAN AREAS THAT ARE ESSENTIAL:
WES MOORE, Governor Ch. 542
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1. AS DELINEATED IN THE PRIORITY URBAN FOREST
MAPPING INCLUDED IN THE STATE FOREST CONSERVATION TECHNICAL MANUAL
REQUIREMENTS ; OR
2. THAT ARE MOST IMPORTA NT FOR PROVIDING
WILDLIFE HABITAT OR MITIGATING FLOODING , HIGH TEMPERATURES , OR AIR
POLLUTION.
(2) The following trees, shrubs, plants, and specific areas shall be
considered priority for retention and protection, and they shall be left in an undisturbed
condition unless the applicant has demonstrated, to the satisfaction of the State or local
authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle:
(I) FOREST LAND SUITABLE FOR FOREST INTERIOR –DWELLING
SPECIES AND FOREST C ORRIDORS CONNECTING THESE FOREST PATCHES ;
(II) FOREST LAND LOCATED I N A TARGETED ECOLOGI CAL AREA
AS IDENTIFIED BY THE DEPARTMENT ;
(III) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY
WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ;
(IV) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION
ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PRO TECTION AREA AS
IDENTIFIED BY A LOCA L JURISDICTION;
[(i)] (V) Trees, shrubs, or plants identified on the list of rare,
threatened, and endangered species of the U.S. Fish and Wildlife Service or the
Department;
[(ii)] (VI) Trees that are part of a historic site or associated with a
historic structure or designated by the Department or local authority as a national, State,
or local Champion Tree; and
[(iii)] (VII) Trees having a diameter measured at 4.5 feet above the
ground of:
1. 30 inches; or
2. 75% of the diameter, measured at 4.5 feet above the
ground, of the current State Champion Tree of that species as designated by the
Department.
Ch. 542 2023 LAWS OF MARYLAND
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(3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SHALL ISSU E
WRITTEN FINDINGS AND JUSTIFICATION FOR ANY CLEARING OF A PRIORITY
RETENTION AREA DESCR IBED IN PARAGRAPH (1) OR (2) OF THIS SUBSECTION .
(II) ANY JUDICIAL REVIEW O F A FINAL DETERMINAT ION MADE
UNDER THIS PARAGRAPH SHALL BE:
1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND
RULES; AND
2. LIMITED TO THE RECORD COMPILED BY THE
DEPARTMENT OR THE LOC AL AUTHORITY.
(d) The following shall be considered priority for afforestation or reforestation:
(1) Establish or enhance forest buffers adjacent to intermittent and
perennial streams and coastal bays to widths of at least 50 feet;
(2) Establish or increase existing forested corridors to connect existing
forests within or adjacent to the site and, where practical, forested corridors should be a
minimum of 300 feet in width to facilitate wildlife movement;
(3) Establish or enhance forest buffers adjacent to critical habitats where
appropriate;
(4) Establish or enhance forested areas in 100–year floodplains;
(5) Establish plantings to stabilize slopes of 25% or greater and slopes of
15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other
natural depressions;
(6) Establish buffers adjacent to areas of differing land use where
appropriate, or adjacent to highways or utility rights–of–way;
(7) Establish forest areas adjacent to existing forests so as to increase the
overall area of contiguous forest cover, when appropriate; and
(8) Use native plant materials for afforestation or reforestation, when
appropriate.
(e) (1) As part of the development of a forest conservation program, the State
or local government shall develop provisions for:
(i) Preservation of areas described in subsections (c) and (d)(1) and
(3) of this section; WES MOORE, Governor Ch. 542
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(ii) Retention as forest of all land forested, afforested, or reforested
under this subtitle; and
(iii) Limitation of uses of forest to those that are not inconsistent with
forest conservation, such as recreational activities and forest management under
subsection (f) of this section.
(2) The provisions required in paragraph (1) of this subsection may include
protective agreements for areas of forest conservation, including conservation easements,
deed restrictions, and covenants.
(f) An owner may place land that is forested, afforested, or reforested under this
subtitle in the forest conservation and management program under § 8–211 et seq. of the
Tax – Property Article or in a forest management plan prepared by a licensed forester and
approved by the local authority or the State. Reforestation shall be required when the final
regeneration harvest is complete or if determined to be necessary due to the lack of
adequate natural regeneration.
5–1610.1.
(c) [Mitigation] AFTER DECEMBER 31, 2020, MITIGATION banks may be
allowed only [in priority]:
(1) IF THE APPLICATION WA S SUBMITTED BEFORE DECEMBER 31,
2020; OR
(2) WHEN USING:
(I) QUALIFIED CONSERVATIO N LOCATED IN PRIORIT Y
RETENTION AREAS AS I DENTIFIED IN § 5–1607(C) OF THIS SUBTITLE; OR
(II) NEWLY PLANTED FOREST LOCATED IN PRIORITY
AFFORESTATION OR REFORES TATION areas as identified in § 5–1607(d) of this subtitle
or as identified in a comprehensive plan adopted by a local jurisdiction.
Article – Tax – Property
8–211.
(a) (1) In this section the following words have the meaning indicated.
(2) “Agreement” means an agreement made under subsection (c) of this
section.
(3) “Program” means the forest conservation and management program. Ch. 542 2023 LAWS OF MARYLAND
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(b) The Department of Natural Resources shall establish the program to:
(1) encourage the preservation or development of land for productive
woodland purposes;
(2) increase the income of persons in the State from the sale of timber;
(3) prevent flooding of land and the loss of the State’s soil;
(4) provide wooded areas for the use and enjoyment of all individuals in the
State; and
(5) promote the welfare and assets of the State.
(c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE owner of at least 5 contiguous acres of land may make an agreement
with the Department of Natural Resources to place the land in the program.
(2) IN BALTIMORE CITY AND ANNE ARUNDEL, BALTIMORE,
HOWARD, MONTGOMERY , AND PRINCE GEORGE’S COUNTIES, THE OWNER OF AT
LEAST 2 CONTIGUOUS ACRES OF LAND MAY MAKE AN AGR EEMENT WITH THE
DEPARTMENT OF NATURAL RESOURCES TO PLACE TH E LAND IN THE PROGRA M.
Chapter 645 of the Acts of 2021
SECTION 11. AND BE IT FURTHER ENACTED, That, except as provided in
Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION
7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of
June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required
by the General Assembly, shall be abrogated and of no further force and effect. Subject to
Section 10 of this Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of
10 years and 1 month and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with
no further action required by the General Assembly, shall be abrogated and of no further
force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1
month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required
by the General Assembly, shall be abrogated and of no further force and effect.
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Natural Resources
5–1610.
WES MOORE, Governor Ch. 542
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(b) There is a Forest Conservation Fund in the Department.
(e) (1) The Department shall accomplish the reforestation or afforestation for
which the money is deposited within [2] 5 years or [3] 6 growing seasons, as appropriate,
after receipt of the money.
(2) Money deposited in the Fund under subsection (c) of this section shall
remain in the Fund for a period of [2] 5 years or [3] 6 growing seasons, and at the end of
that time period, any portion that has not been used OR ENCUMBERED to meet the
afforestation or reforestation requirements shall be returned to the person who provided
the money to be used for documented tree planting in the same county or watershed beyond
that required by this subtitle or other applicable statutes.
SECTION 5. AND BE IT FURTHER ENACTED, That:
(a) The Department of Natural Resources sha ll update the State Forest
Conservation Technical Manual on or before December 31, 2024, for consistency with this
Act.
(b) The updates shall include:
(1) guidance on:
(i) when the clearing of a priority area for retention described in §
5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified,
including for purposes related to forest health or composition; and
(ii) the use of site design practices to minimize clearing; and
(2) standards by which credit may be granted for the restoration of
degraded forest.
SECTION 6. AND BE IT FURTHER ENACTED, That the Department of Natural
Resources shall establish a workgroup to evaluate and recommend incentives for private
landowners to conserve forest, including adjusting the minimal acreage of contiguous
forested land required to qualify for the forest conservation and management program
established under § 8–211 of the Tax – Property Article.
SECTION 7. AND BE IT FURTHER ENACTED, That, on or before December 31,
2023, the Department of Natural Resources shall issue a description of the procedures the
Department will use to determine whether a local program is expected to maintain or
expand the existing level of forest cover in the jurisdiction.
SECTION 8. AND BE IT FU RTHER ENACTED, That, on or before December 31,
2023, the Department of Natural Resources shall approve or reject alternative Ch. 542 2023 LAWS OF MARYLAND
– 20 –
afforestation, reforestation, and preservation requirements adopted by a local jurisdiction
before September 1, 2023.
SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to:
(1) a solarvoltaic facility granted a certificate of public convenience and
necessity by the Public Service Commission under § 7–207 of the Public Utilities Article
before July 1, 2023;
(2) a forest conservation plan approved before July 1, 2024, that is
associated with a subdivision plan, site plan, building permit, or grading or sediment
control application; or
(3) a revision to a plan or permit described in item (2) of this section that
does not materially alter the proposed or actual limits of disturbance.
SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this
Act shall take effect July 1, 2024.
SECTION 4. 11. AND BE IT FURTHER ENACTED, That , except as provided in
Section 10 of this Act, this Act shall take effect October July 1, 2023.
Approved by the Governor, May 8, 2023.