EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1511*
HOUSE BILL 1511
M1 4lr3538
By: Delegate Love
Introduced and read first time: February 22, 2024
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Forest Conservation Act – Modifications 2
FOR the purpose of requiring the Department of Natural Resources to update a certain 3
model local government ordinance and adopt certain regulations relating to forest 4
conservation on or before certain dates; delaying the dates on which certain 5
provisions of the Forest Conservation Act will apply to certain solarvoltaic facilities 6
and forest conservation plans; delaying the effective date of certain provisions of the 7
Forest Conservation Act; and generally relating to the Forest Conservation Act. 8
BY repealing and reenacting, with amendments, 9
Chapter 541 of the Acts of the General Assembly of 2023 10
Section 5, 9, and 10 11
BY repealing and reenacting, with amendments, 12
Chapter 542 of the Acts of the General Assembly of 2023 13
Section 5, 9, and 10 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Chapter 541 of the Acts of 2023 17
SECTION 5. AND BE IT FURTHER ENACTED, That: 18
(a) The Department of Natural Resources shall update the State Forest 19
Conservation Technical Manual on or before December 31, 2024, for consistency with this 20
Act. 21
(b) The updates shall include: 22
(1) guidance on: 23 2 HOUSE BILL 1511
(i) when the clearing of a priority area for retention described in § 1
5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 2
including for purposes related to forest health or composition; and 3
(ii) the use of site design practices to minimize clearing; and 4
(2) standards by which credit may be granted for the restoration of 5
degraded forest. 6
(C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL 7
RESOURCES SHALL UPDATE THE MODEL LOCAL GOVERNMENT ORDINANCE 8
REQUIRED UNDER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR 9
CONSISTENCY WITH THIS ACT. 10
(D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL 11
RESOURCES SHALL ADOPT REGULATI ONS TO CARRY OUT THE PROVISIONS OF THIS 12
ACT. 13
SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to: 14
(1) a solarvoltaic facility granted a certificate of public convenience and 15
necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 16
before July 1, [2023] 2025; 17
(2) a forest conservation plan approved before July 1, [2024] 2026, that is 18
associated with a subdivision plan, site plan, building permit, or grading or sediment 19
control application; or 20
(3) a revision to a plan or permit described in item (2) of this section that 21
does not materially alter the proposed or actual limits of disturbance. 22
SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 23
Act shall take effect July 1, [2024] 2026. 24
Chapter 542 of the Acts of 2023 25
SECTION 5. AND BE IT FURTHER ENACTED, That: 26
(a) The Department of Natural Resources shall update the State Forest 27
Conservation Technical Manual on or before December 31, 2024, for consistency with this 28
Act. 29
(b) The updates shall include: 30
(1) guidance on: 31 HOUSE BILL 1511 3
(i) when the clearing of a priority area for retention described in § 1
5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 2
including for purposes related to forest health or composition; and 3
(ii) the use of site design practices to minimize clearing; and 4
(2) standards by which credit may be granted for the restoration of 5
degraded forest. 6
(C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL 7
RESOURCES SHALL UPDATE THE MODEL LOCAL GOVERNMENT ORDINANCE 8
REQUIRED UND ER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR 9
CONSISTENCY WITH THIS ACT. 10
(D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL 11
RESOURCES SHALL ADOPT REGULATI ONS TO CARRY OUT THI S ACT. 12
SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not ap ply to: 13
(1) a solarvoltaic facility granted a certificate of public convenience and 14
necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 15
before July 1, [2023] 2025; 16
(2) a forest conservation plan approved before July 1, [2024] 2026, that is 17
associated with a subdivision plan, site plan, building permit, or grading or sediment 18
control application; or 19
(3) a revision to a plan or permit described in item (2) of this section that 20
does not materially alter the proposed or actual limits of disturbance. 21
SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 22
Act shall take effect July 1, [2024] 2026. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act sha ll take effect June 24
1, 2024. 25