EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
Italics indicate opposite chamber/conference committee amendments.
*hb1511*
HOUSE BILL 1511
M1 (4lr3538)
ENROLLED BILL
— Environment and Transportation/Education, Energy, and the Environment —
Introduced by Delegate Love
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Forest Conservation Act – Modifications 2
FOR the purpose of establishing a altering the definition of “qualified conservation” for 3
purposes of provisions of law related to forest mitigation banks; altering rules for the 4
use of qualified conservation to meet afforestation or reforestation requirements; 5
adding certain areas and vegetation considered to be a priority for forest retention 6
and protection under certain circumstances; providing that certain solar voltaic 7
facilities may not be subject to certain afforestation requirements; requiring the 8
Department of Natural Resources to update a certain model local government 9
ordinance and adopt certain regulations relating to forest conservation on or before 10
certain dates; delaying the dates on which certain provisions of the Forest 11
Conservation Act will apply to certain solarvoltaic facilities and forest conservation 12
plans; delaying the effective date of certain provisions of the Forest Conservation 13
Act; and generally relating to the Forest Conservation Act. 14
2 HOUSE BILL 1511
BY renumbering 1
Article – Natural Resources 2
Section 5–1601(gg) through (pp) 3
to be Section 5–1601(hh) through (qq), respectively 4
Annotated Code of Maryland 5
(2023 Replacement Volume and 2023 Supplement) 6
BY repealing and reenacting, without amendments, 7
Article – Natural Resources 8
Section 5–1601(a) 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2023 Supplement) 11
BY adding to 12
Article – Natural Resources 13
Section 5–1601(gg) and 5–1607(c)(3) 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Natural Resources 18
Section 5–1601(gg), 5–1606(a), 5–1607(b)(2) and (c)(1), and 5–1610.1(c) 19
Annotated Code of Maryland 20
(2023 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – Natural Resources 23
Section 5–1607(c)(3) 24
Annotated Code of Maryland 25
(2023 Replacement Volume and 2023 Supplement) 26
BY repealing and reenacting, with amendments, 27
Chapter 541 of the Acts of the General Assembly of 2023 28
Section 5, 9, and 10 29
BY repealing and reenacting, with amendments, 30
Chapter 542 of the Acts of the General Assembly of 2023 31
Section 5, 9, and 10 32
BY repealing and reenacting, with amendments, 33
Chapter 645 of the Acts of the General Assembly of 2021 34
Section 11 35
SECTION 1. AND BE IT ENACTED BY THE GENERAL ASSEMBLY OF 36
MARYLAND, That Section(s) 5–1601(gg) through (pp) of Article – Natural Resources of the 37
Annotated Code of Maryland be renumbered to be Section(s) 5–1601(hh) through (qq), 38
respectively. 39 HOUSE BILL 1511 3
SECTION 1. 2. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND 1
AND BE IT FURTHER ENACTED , That the Laws of Maryland read as follows: 2
Article – Natural Resources 3
5–1601. 4
(a) In this subtitle the following words have the meanings indicated. 5
(GG) “QUALIFIED CONSERVATIO N” MEANS THE CONSERVATI ON OF ALL OR A 6
PART OF AN EXISTING FOREST THAT: 7
(1) HAS BEEN APPROVED BY THE APPR OPRIATE STATE OR LOCAL 8
FOREST CONSERVATION PROGRAM FOR THE PURP OSE OF ESTABLISHING A FOREST 9
MITIGATION BANK ; AND 10
(2) IS ENCUMBERED IN PERP ETUITY BY A RESTRICT IVE EASEMENT , 11
COVENANT, OR ANOTHER SIMILAR M ECHANISM RECORDED IN THE COUNT Y LAND 12
RECORDS TO CONSERVE ITS CHARACTER AS A F OREST. 13
(gg) “Qualified conservation” means the conservation of all or a part of an existing 14
forest that: 15
(1) [Was] HAS BEEN approved [on or before December 31, 2020,] by the 16
appropriate State or local forest conservation program for the purpose of establishing a forest 17
mitigation bank; and 18
(2) Is encumbered in perpetuity by a restrictive easement, covenant, or 19
another similar mechanism recorded in the county land records to conserve its character as 20
a forest. 21
5–1606. 22
(a) (1) For the following land use categories, tracts having less than 20% of the 23
net tract area in forest cover shall be afforested up to 20% of the net tract area: 24
(i) Agriculture and resource areas; and 25
(ii) Medium density residential areas. 26
(2) For the following land use categories, tracts having less than 15% of the 27
net tract area in forest cover shall be afforested up to 15% of the net tract area: 28
(i) Institutional development areas; 29
4 HOUSE BILL 1511
(ii) High density residential areas; 1
(iii) Mixed use and planned unit development areas; and 2
(iv) Commercial and industrial use areas. 3
(3) Afforestation requirements must conform to the conditions in §§ 5–1607 4
and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if 5
afforestation on–site or off–site cannot be reasonably accomplished. 6
(4) (i) The afforestation requirements under this subsection shall be 7
accomplished within 1 year or 2 growing seasons after the completion of the development 8
project. 9
(ii) If afforestation cannot be reasonably accomplished on–site or 10
off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 11
of this subtitle shall be met within 90 days after the completion of the development project. 12
(5) Linear projects that involve no change in land use may not be subject to 13
afforestation requirements. 14
(6) SOLAR PHOTOVOLTAIC FA CILITIES MAY NOT BE SUBJECT TO 15
AFFORESTATION REQUIR EMENTS UNDER THIS SU BTITLE. 16
5–1607. 17
(b) Standards for meeting afforestation or reforestation requirements shall be 18
established by the State or local program using one or more of the following methods: 19
(2) The use of qualified conservation completed in a forest mitigation bank 20
TO MEET: 21
(I) UP TO 50% OF THE AFFORESTATION OR REFORESTATION 22
REQUIREMENT , in which case, the afforestation or reforestation credit granted may not 23
exceed 50% of the forest area encumbered in perpetuity; OR 24
(II) IF A LOCAL JURISDICTI ON PROPOSES AND , AFTER PUBLIC 25
COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUSTIFICATIO N FOR THE 26
INCREASE, UP TO 60% OF THE AFFORESTATION OR REFORESTATION REQ UIREMENT, 27
IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT GRAN TED MAY 28
NOT EXCEED 50% OF THE FOREST AREA E NCUMBERED IN PERPETUITY . 29
(c) (1) The following trees, shrubs, plants, and specific areas shall be 30
considered priority for retention and protection, and they shall be left in an undisturbed 31
condition unless the applicant has demonstrated, to the satisfaction of the State or local 32 HOUSE BILL 1511 5
authority, that reasonable efforts have been made to protect them and the plan cannot 1
reasonably be altered: 2
(i) Trees, shrubs, and plants located in sensitive areas including 3
100–year floodplains, intermittent [and] STREAMS AND THEIR BUFFERS OF AT LEAST 4
50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT 5
LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep 6
slopes, and critical habitats; [and] 7
(ii) Contiguous forest that connects the largest undeveloped or most 8
vegetated tracts of land within and adjacent to the site; 9
(III) FOREST SUITABLE FOR F OREST INTERIOR –DWELLING 10
SPECIES; 11
(IV) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 12
WATERSHED AS IDENTIF IED BY THE DEPARTME NT OF THE ENVIRONMENT ; 13
(V) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 14
ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS 15
IDENTIFIED BY A LOCA L JURISDICTION; AND 16
(VI) FORESTS IN URBAN AREA S: 17
1. AS DELINEATED IN THE PRIORITY URBAN FOREST 18
MAPPING INCLUDED IN THE STATE FOREST CONSERVATION TECHNICAL MANUAL 19
REQUIREMENTS ; OR 20
2. THAT ARE MOST IMPORTA NT FOR PROVIDING 21
WILDLIFE HABITAT OR MITIGATING FLOODING , HIGH TEMPERATURES , OR AIR 22
POLLUTION. 23
(3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SHALL ISSU E 24
WRITTEN FINDINGS AND JUSTIFICATION FOR AN Y CLEARING OF A PRIO RITY 25
RETENTION AREA DESCR IBED IN PARAGRAPH (1) OR (2) OF THIS SUBSECTION . 26
(II) ANY JUDICIAL REVIEW O F A FINAL DETERMINAT ION MADE 27
UNDER THIS PARAGRAPH SHALL BE: 28
1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND 29
RULES; AND 30
2. LIMITED TO THE RECORD COMPILED BY THE 31
DEPARTMENT OR THE LOC AL AUTHORITY. 32 6 HOUSE BILL 1511
5–1610.1. 1
(c) [Mitigation] AFTER DECEMBER 31, 2020, MITIGATION banks may be 2
allowed only [in priority]: 3
(1) IF THE APPLICATION WAS SUBMI TTED BEFORE DECEMBER 31, 4
2020; OR 5
(2) WHEN USING: 6
(I) QUALIFIED CONSERVATIO N LOCATED IN PRIORIT Y 7
RETENTION AREAS AS I DENTIFIED IN § 5–1607(C) OF THIS SUBTITLE; OR 8
(II) NEWLY PLANTED FOREST LOCATED IN PRIORITY 9
AFFORESTATION OR REFORESTATION areas as identified in § 5–1607(d) of this subtitle 10
or as identified in a comprehensive plan adopted by a local jurisdiction. 11
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 12
as follows: 13
Chapter 541 of the Acts of 2023 14
SECTION 5. AND BE IT FURTHER ENACTED, That: 15
(a) The Department of Natural Resources shall update the State Forest 16
Conservation Technical Manual on or before December 31, 2024, for consistency with this 17
Act. 18
(b) The updates shall include: 19
(1) guidance on: 20
(i) when the clearing of a priority area for retention described in § 21
5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 22
including for purposes related to forest health or composition; and 23
(ii) the use of site design practices to minimize clearing; and 24
(2) standards by which credit may be granted for the restoration of 25
degraded forest. 26
(C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL 27
RESOURCES SHALL UPDAT E THE MODEL LOCAL GO VERNMENT ORDINA NCE 28
REQUIRED UNDER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR 29
CONSISTENCY WITH THI S ACT. 30 HOUSE BILL 1511 7
(D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL 1
RESOURCES SHALL ADOPT REGULATIONS TO CARRY OUT THE PROVISIONS O F THIS 2
ACT. 3
SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to: 4
(1) a solarvoltaic facility granted a certificate of public convenience and 5
necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 6
before July 1, [2023] 2025; 7
(2) a forest conservation plan approved before July 1, [2024] 2026, that is 8
associated with a subdivision plan, site plan, building permit, or grading or sediment 9
control application; or 10
(3) a revision to a plan or permit described in item (2) of this section that 11
does not materially alter the proposed or actual limits of disturbance. 12
SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 13
Act shall take effect July 1, [2024] 2026. 14
Chapter 542 of the Acts of 2023 15
SECTION 5. AND BE IT FURTHER ENACTED, That: 16
(a) The Department of Natural Resources shall update the State Forest 17
Conservation Technical Manual on or before December 31, 2024, for consistency with this 18
Act. 19
(b) The updates shall include: 20
(1) guidance on: 21
(i) when the clearing of a priority area for retention described in § 22
5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 23
including for purposes related to forest health or composition; and 24
(ii) the use of site design practices to minimize clearing; and 25
(2) standards by which credit may be granted for the restoration of 26
degraded forest. 27
(C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL 28
RESOURCES SHALL UPDAT E THE MODEL LOCAL GO VERNMENT ORDINANCE 29
REQUIRED UNDER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR 30
CONSISTENCY WITH THI S ACT. 31 8 HOUSE BILL 1511
(D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL 1
RESOURCES SHALL ADOPT REGULATIONS TO CARRY OUT THIS ACT. 2
SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to: 3
(1) a solarvoltaic facility granted a certificate of public convenience and 4
necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 5
before July 1, [2023] 2025; 6
(2) a forest conservation plan approved before July 1, [2024] 2026, that is 7
associated with a subdivision plan, site plan, building permit, or grading or sediment 8
control application; or 9
(3) a revision to a plan or permit described in item (2) of this section that 10
does not materially alter the proposed or actual limits of disturbance. 11
SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 12
Act shall take effect July 1, [2024] 2026. 13
Chapter 645 of the Acts of 2021 14
SECTION 11. AND BE IT FURTHER ENACTED, That, except as provided in 15
Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION 16
7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of 17
June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required 18
by the General Assembly, shall be abrogated and of no further force and effect. Subject to 19
Section 10 of this Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of 20
10 years and 1 month, and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with 21
no further action required by the General Assembly, shall be abrogated and of no further 22
force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1 23
month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required 24
by the General Assembly, shall be abrogated and of no further force and effect. 25
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act may not 26
apply to: 27
(1) a solarvoltaic facility granted a certificate of public convenience and 28
necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 29
before July 1, 2023; 30
(2) a forest conservation plan approved before July 1, 2024, that is 31
associated with a subdivision plan, site plan, building permit, or grading or sediment 32
control application; or 33
HOUSE BILL 1511 9
(3) a revision to a plan or permit described in item (2) of this section that 1
does not materially alter the proposed or actual limits of disturbance. 2
SECTION 4. AND BE IT FURTHER ENACTED, That Sections 1 and 3 of this Act 3
shall take effect July 1, 2024. 4
SECTION 2. 3. 2. 5. AND BE IT FURTHER ENACTED, That , except as provided in 5
Section 4 of this Act, this Act shall take effect June July June 1, 2024. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.