WES MOORE, Governor Ch. 457
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Chapter 457
(House Bill 1511)
AN ACT concerning
Forest Conservation Act – Modifications
FOR the purpose of establishing a altering the definition of “qualified conservation” for
purposes of provisions of law related to forest mitigation banks; altering rules for the
use of qualified conservation to meet afforestation or reforestation requirements;
adding certain areas and vegetation considered to be a priority for forest retention
and protection under certain circumstances; providing that certain solar voltaic
facilities may not be subject to certain afforestation requirements; requiring the
Department of Natural Resources to update a certain model local government
ordinance and adopt certain regulations relating to forest conservation on or before
certain dates; delaying the dates on which certain provisions of the Forest
Conservation Act will apply to certain solarvoltaic facilities and forest conservation
plans; delaying the effective date of certain provisions of the Forest Conservation
Act; and generally relating to the Forest Conservation Act.
BY renumbering
Article – Natural Resources
Section 5–1601(gg) through (pp)
to be Section 5–1601(hh) through (qq), respectively
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 5–1601(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY adding to
Article – Natural Resources
Section 5–1601(gg) and 5–1607(c)(3)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 5–1601(gg), 5–1606(a), 5–1607(b)(2) and (c)(1), and 5–1610.1(c)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY adding to Ch. 457 2024 LAWS OF MARYLAND
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Article – Natural Resources
Section 5–1607(c)(3)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Chapter 541 of the Acts of the General Assembly of 2023
Section 5, 9, and 10
BY repealing and reenacting, with amendments,
Chapter 542 of the Acts of the General Assembly of 2023
Section 5, 9, and 10
BY repealing and reenacting, with amendments,
Chapter 645 of the Acts of the General Assembly of 2021
Section 11
SECTION 1. AND BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 5–1601(gg) through (pp) of Article – Natural Resources of the
Annotated Code of Maryland be renumbered to be Section(s) 5–1601(hh) through (qq),
respectively.
SECTION 1. 2. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND
AND BE IT FURTHER ENACTED , That the Laws of Maryland read as follows:
Article – Natural Resources
5–1601.
(a) In this subtitle the following words have the meanings indicated.
(GG) “QUALIFIED CONSERVATIO N” MEANS THE CONSERVATI ON OF ALL OR A
PART OF AN EXISTING FOREST THAT:
(1) HAS BEEN APPROVED BY THE APPROPRIATE STATE OR LOCAL
FOREST CONSERVATION PROGRAM FOR THE PURP OSE OF ESTABLISHING A FOREST
MITIGATION BANK ; AND
(2) IS ENCUMBERED IN PERPETUIT Y BY A RESTRICTIVE E ASEMENT,
COVENANT, OR ANOTHER SIMILAR M ECHANISM RECORDED IN THE COUNTY LAND
RECORDS TO CONSERVE ITS CHARACTER AS A F OREST.
(gg) “Qualified conservation” means the conservation of all or a part of an existing
forest that:
WES MOORE, Governor Ch. 457
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(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 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.
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.
Ch. 457 2024 LAWS OF MARYLAND
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5–1607.
(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:
(2) 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 JURISDICTI ON PROPOSES AND , AFTER PUBLIC
COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUSTIFICATIO N FOR THE
INCREASE, UP TO 60% OF THE AFFORESTATION OR REFORESTATION REQUIREM ENT,
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.
(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;
(III) 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 P ROTECTION AREA AS
IDENTIFIED BY A LOCA L JURISDICTION; AND
(VI) FORESTS IN URBAN AREA S: WES MOORE, Governor Ch. 457
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1. AS DELINEATED IN THE PRIORITY URBAN FORES T
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.
(3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SHALL ISSU E
WRITTEN FINDINGS AND JUSTIFICATION FOR AN Y CLEARING OF A PRIO RITY
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.
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 REF ORESTATION areas as identified in § 5–1607(d) of this subtitle
or as identified in a comprehensive plan adopted by a local jurisdiction.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Chapter 541 of the Acts of 2023
Ch. 457 2024 LAWS OF MARYLAND
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SECTION 5. AND BE IT FURTHER ENACTED, That:
(a) The Department of Natural Resources shall 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.
(C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL
RESOURCES SHALL UPDAT E THE MODEL LOCAL GO VERNMENT ORDINANCE
REQUIRED UNDER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR
CONSISTENCY WITH THI S ACT.
(D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL
RESOURCES SHALL ADOPT REGULATIONS TO CARRY OUT THE PROVISIONS O F THIS
ACT.
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] 2025;
(2) a forest conservation plan approved before July 1, [2024] 2026, 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 Se ctions 1, 2, and 3 of this
Act shall take effect July 1, [2024] 2026.
Chapter 542 of the Acts of 2023 WES MOORE, Governor Ch. 457
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SECTION 5. AND BE IT FURTHER ENACTED, That:
(a) The Department of Natural Resources shall 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.
(C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL
RESOURCES SHALL UPDAT E THE MODEL LOCAL GO VERNMENT ORDINANCE
REQUIRED UNDER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR
CONSISTENCY WITH THI S ACT.
(D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL
RESOURCES SHALL ADOPT REGULATIONS TO CARRY OUT THIS ACT.
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] 2025;
(2) a forest conservation plan approved before July 1, [2024] 2026, 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] 2026.
Chapter 645 of the Acts of 2021
Ch. 457 2024 LAWS OF MARYLAND
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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 3. AND BE IT FURTHER ENACTED, That Section 1 of 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 4. AND BE IT FURTHER ENACTED, That Sections 1 and 3 of this Act
shall take effect July 1, 2024.
SECTION 2. 3. 2. 5. AND BE IT FURTHER ENACTED, That , except as provided in
Section 4 of this Act, this Act shall take effect June July June 1, 2024.
Approved by the Governor, May 9, 2024.