MD
Maryland House Bill HB1511

Maryland 2024 Regular Session

Maryland House Bill HB1511 Compare Versions

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1- WES MOORE, Governor Ch. 457
21
3-– 1 –
4-Chapter 457
5-(House Bill 1511)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb1511*
810
9-Forest Conservation Act – Modifications
11+HOUSE BILL 1511
12+M1 (4lr3538)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Energy, and the Environment —
15+Introduced by Delegate Love
1016
11-FOR the purpose of establishing a altering the definition of “qualified conservation” for
12-purposes of provisions of law related to forest mitigation banks; altering rules for the
13-use of qualified conservation to meet afforestation or reforestation requirements;
14-adding certain areas and vegetation considered to be a priority for forest retention
15-and protection under certain circumstances; providing that certain solar voltaic
16-facilities may not be subject to certain afforestation requirements; requiring the
17-Department of Natural Resources to update a certain model local government
18-ordinance and adopt certain regulations relating to forest conservation on or before
19-certain dates; delaying the dates on which certain provisions of the Forest
20-Conservation Act will apply to certain solarvoltaic facilities and forest conservation
21-plans; delaying the effective date of certain provisions of the Forest Conservation
22-Act; and generally relating to the Forest Conservation Act.
17+Read and Examined by Proofreaders:
2318
24-BY renumbering
25- Article – Natural Resources
26- Section 5–1601(gg) through (pp)
27- to be Section 5–1601(hh) through (qq), respectively
28- Annotated Code of Maryland
29- (2023 Replacement Volume and 2023 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3023
31-BY repealing and reenacting, without amendments,
32- Article – Natural Resources
33- Section 5–1601(a)
34- Annotated Code of Maryland
35- (2023 Replacement Volume and 2023 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3625
37-BY adding to
38- Article – Natural Resources
39- Section 5–1601(gg) and 5–1607(c)(3)
40- Annotated Code of Maryland
41- (2023 Replacement Volume and 2023 Supplement)
26+_______ day of _______________ at ________________________ o’clock, ________M.
4227
43-BY repealing and reenacting, with amendments,
44- Article – Natural Resources
45- Section 5–1601(gg), 5–1606(a), 5–1607(b)(2) and (c)(1), and 5–1610.1(c)
46- Annotated Code of Maryland
47- (2023 Replacement Volume and 2023 Supplement)
28+______________________________________________
29+Speaker.
4830
49-BY adding to Ch. 457 2024 LAWS OF MARYLAND
31+CHAPTER ______
5032
51-– 2 –
52- Article – Natural Resources
53- Section 5–1607(c)(3)
54- Annotated Code of Maryland
55- (2023 Replacement Volume and 2023 Supplement)
33+AN ACT concerning 1
5634
57-BY repealing and reenacting, with amendments,
58- Chapter 541 of the Acts of the General Assembly of 2023
59-Section 5, 9, and 10
35+Forest Conservation Act – Modifications 2
6036
61-BY repealing and reenacting, with amendments,
62- Chapter 542 of the Acts of the General Assembly of 2023
63- Section 5, 9, and 10
37+FOR the purpose of establishing a altering the definition of “qualified conservation” for 3
38+purposes of provisions of law related to forest mitigation banks; altering rules for the 4
39+use of qualified conservation to meet afforestation or reforestation requirements; 5
40+adding certain areas and vegetation considered to be a priority for forest retention 6
41+and protection under certain circumstances; providing that certain solar voltaic 7
42+facilities may not be subject to certain afforestation requirements; requiring the 8
43+Department of Natural Resources to update a certain model local government 9
44+ordinance and adopt certain regulations relating to forest conservation on or before 10
45+certain dates; delaying the dates on which certain provisions of the Forest 11
46+Conservation Act will apply to certain solarvoltaic facilities and forest conservation 12
47+plans; delaying the effective date of certain provisions of the Forest Conservation 13
48+Act; and generally relating to the Forest Conservation Act. 14
49+ 2 HOUSE BILL 1511
6450
65-BY repealing and reenacting, with amendments,
66- Chapter 645 of the Acts of the General Assembly of 2021
67- Section 11
6851
69- SECTION 1. AND BE IT ENACTED BY THE GENERAL ASSEMBLY OF
70-MARYLAND, That Section(s) 5–1601(gg) through (pp) of Article – Natural Resources of the
71-Annotated Code of Maryland be renumbered to be Section(s) 5–1601(hh) through (qq),
72-respectively.
52+BY renumbering 1
53+ Article – Natural Resources 2
54+ Section 5–1601(gg) through (pp) 3
55+ to be Section 5–1601(hh) through (qq), respectively 4
56+ Annotated Code of Maryland 5
57+ (2023 Replacement Volume and 2023 Supplement) 6
7358
74- SECTION 1. 2. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND
75-AND BE IT FURTHER ENACTED , That the Laws of Maryland read as follows:
59+BY repealing and reenacting, without amendments, 7
60+ Article – Natural Resources 8
61+ Section 5–1601(a) 9
62+ Annotated Code of Maryland 10
63+ (2023 Replacement Volume and 2023 Supplement) 11
7664
77-Article – Natural Resources
65+BY adding to 12
66+ Article – Natural Resources 13
67+ Section 5–1601(gg) and 5–1607(c)(3) 14
68+ Annotated Code of Maryland 15
69+ (2023 Replacement Volume and 2023 Supplement) 16
7870
79-5–1601.
71+BY repealing and reenacting, with amendments, 17
72+ Article – Natural Resources 18
73+ Section 5–1601(gg), 5–1606(a), 5–1607(b)(2) and (c)(1), and 5–1610.1(c) 19
74+ Annotated Code of Maryland 20
75+ (2023 Replacement Volume and 2023 Supplement) 21
8076
81- (a) In this subtitle the following words have the meanings indicated.
77+BY adding to 22
78+ Article – Natural Resources 23
79+ Section 5–1607(c)(3) 24
80+ Annotated Code of Maryland 25
81+ (2023 Replacement Volume and 2023 Supplement) 26
8282
83- (GG) “QUALIFIED CONSERVATIO N” MEANS THE CONSERVATI ON OF ALL OR A
84-PART OF AN EXISTING FOREST THAT:
83+BY repealing and reenacting, with amendments, 27
84+ Chapter 541 of the Acts of the General Assembly of 2023 28
85+Section 5, 9, and 10 29
8586
86- (1) HAS BEEN APPROVED BY THE APPROPRIATE STATE OR LOCAL
87-FOREST CONSERVATION PROGRAM FOR THE PURP OSE OF ESTABLISHING A FOREST
88-MITIGATION BANK ; AND
87+BY repealing and reenacting, with amendments, 30
88+ Chapter 542 of the Acts of the General Assembly of 2023 31
89+ Section 5, 9, and 10 32
8990
90- (2) IS ENCUMBERED IN PERPETUIT Y BY A RESTRICTIVE E ASEMENT,
91-COVENANT, OR ANOTHER SIMILAR M ECHANISM RECORDED IN THE COUNTY LAND
92-RECORDS TO CONSERVE ITS CHARACTER AS A F OREST.
91+BY repealing and reenacting, with amendments, 33
92+ Chapter 645 of the Acts of the General Assembly of 2021 34
93+ Section 11 35
9394
94- (gg) “Qualified conservation” means the conservation of all or a part of an existing
95-forest that:
96- WES MOORE, Governor Ch. 457
95+ SECTION 1. AND BE IT ENACTED BY THE GENERAL ASSEMBLY OF 36
96+MARYLAND, That Section(s) 5–1601(gg) through (pp) of Article – Natural Resources of the 37
97+Annotated Code of Maryland be renumbered to be Section(s) 5–1601(hh) through (qq), 38
98+respectively. 39 HOUSE BILL 1511 3
9799
98-– 3 –
99- (1) [Was] HAS BEEN approved [on or before December 31, 2020,] by the
100-appropriate State or local forest conservation program for the purpose of establishing a forest
101-mitigation bank; and
102100
103- (2) Is encumbered in perpetuity by a restrictive easement, covenant, or
104-another similar mechanism recorded in the county land records to conserve its character as
105-a forest.
106101
107-5–1606.
102+ SECTION 1. 2. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND 1
103+AND BE IT FURTHER ENACTED , That the Laws of Maryland read as follows: 2
108104
109- (a) (1) For the following land use categories, tracts having less than 20% of the
110-net tract area in forest cover shall be afforested up to 20% of the net tract area:
105+Article – Natural Resources 3
111106
112- (i) Agriculture and resource areas; and
107+5–1601. 4
113108
114- (ii) Medium density residential areas.
109+ (a) In this subtitle the following words have the meanings indicated. 5
115110
116- (2) For the following land use categories, tracts having less than 15% of the
117-net tract area in forest cover shall be afforested up to 15% of the net tract area:
111+ (GG) “QUALIFIED CONSERVATIO N” MEANS THE CONSERVATI ON OF ALL OR A 6
112+PART OF AN EXISTING FOREST THAT: 7
118113
119- (i) Institutional development areas;
114+ (1) HAS BEEN APPROVED BY THE APPR OPRIATE STATE OR LOCAL 8
115+FOREST CONSERVATION PROGRAM FOR THE PURP OSE OF ESTABLISHING A FOREST 9
116+MITIGATION BANK ; AND 10
120117
121- (ii) High density residential areas;
118+ (2) IS ENCUMBERED IN PERP ETUITY BY A RESTRICT IVE EASEMENT , 11
119+COVENANT, OR ANOTHER SIMILAR M ECHANISM RECORDED IN THE COUNT Y LAND 12
120+RECORDS TO CONSERVE ITS CHARACTER AS A F OREST. 13
122121
123- (iii) Mixed use and planned unit development areas; and
122+ (gg) “Qualified conservation” means the conservation of all or a part of an existing 14
123+forest that: 15
124124
125- (iv) Commercial and industrial use areas.
125+ (1) [Was] HAS BEEN approved [on or before December 31, 2020,] by the 16
126+appropriate State or local forest conservation program for the purpose of establishing a forest 17
127+mitigation bank; and 18
126128
127- (3) Afforestation requirements must conform to the conditions in §§ 5–1607
128-and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if
129-afforestation on–site or off–site cannot be reasonably accomplished.
129+ (2) Is encumbered in perpetuity by a restrictive easement, covenant, or 19
130+another similar mechanism recorded in the county land records to conserve its character as 20
131+a forest. 21
130132
131- (4) (i) The afforestation requirements under this subsection shall be
132-accomplished within 1 year or 2 growing seasons after the completion of the development
133-project.
133+5–1606. 22
134134
135- (ii) If afforestation cannot be reasonably accomplished on–site or
136-off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610
137-of this subtitle shall be met within 90 days after the completion of the development project.
135+ (a) (1) For the following land use categories, tracts having less than 20% of the 23
136+net tract area in forest cover shall be afforested up to 20% of the net tract area: 24
138137
139- (5) Linear projects that involve no change in land use may not be subject to
140-afforestation requirements.
138+ (i) Agriculture and resource areas; and 25
141139
142- (6) SOLAR PHOTOVOLTAIC FA CILITIES MAY NOT BE SUBJECT TO
143-AFFORESTATION REQUIR EMENTS UNDER THIS SU BTITLE.
144- Ch. 457 2024 LAWS OF MARYLAND
140+ (ii) Medium density residential areas. 26
145141
146-– 4 –
147-5–1607.
142+ (2) For the following land use categories, tracts having less than 15% of the 27
143+net tract area in forest cover shall be afforested up to 15% of the net tract area: 28
148144
149- (b) Standards for meeting afforestation or reforestation requirements shall be
150-established by the State or local program using one or more of the following methods:
145+ (i) Institutional development areas; 29
146+ 4 HOUSE BILL 1511
151147
152- (2) The use of qualified conservation completed in a forest mitigation bank
153-TO MEET:
154148
155- (I) UP TO 50% OF THE AFFORESTATION OR REFORESTATION
156-REQUIREMENT , in which case, the afforestation or reforestation credit granted may not
157-exceed 50% of the forest area encumbered in perpetuity; OR
149+ (ii) High density residential areas; 1
158150
159- (II) IF A LOCAL JURISDICTI ON PROPOSES AND , AFTER PUBLIC
160-COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUSTIFICATIO N FOR THE
161-INCREASE, UP TO 60% OF THE AFFORESTATION OR REFORESTATION REQUIREM ENT,
162-IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT GRAN TED MAY
163-NOT EXCEED 50% OF THE FOREST AREA E NCUMBERED IN PERPETU ITY.
151+ (iii) Mixed use and planned unit development areas; and 2
164152
165- (c) (1) The following trees, shrubs, plants, and specific areas shall be
166-considered priority for retention and protection, and they shall be left in an undisturbed
167-condition unless the applicant has demonstrated, to the satisfaction of the State or local
168-authority, that reasonable efforts have been made to protect them and the plan cannot
169-reasonably be altered:
153+ (iv) Commercial and industrial use areas. 3
170154
171- (i) Trees, shrubs, and plants located in sensitive areas including
172-100–year floodplains, intermittent [and] STREAMS AND THEIR BU FFERS OF AT LEAST
173-50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT
174-LEAST 100 FEET FROM THE STREAM CHANNEL , coastal bays and their buffers, steep
175-slopes, and critical habitats; [and]
155+ (3) Afforestation requirements must conform to the conditions in §§ 5–1607 4
156+and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if 5
157+afforestation on–site or off–site cannot be reasonably accomplished. 6
176158
177- (ii) Contiguous forest that connects the largest undeveloped or most
178-vegetated tracts of land within and adjacent to the site;
159+ (4) (i) The afforestation requirements under this subsection shall be 7
160+accomplished within 1 year or 2 growing seasons after the completion of the development 8
161+project. 9
179162
180- (III) FOREST SUITABLE FOR FOREST INTERIOR –DWELLING
181-SPECIES;
163+ (ii) If afforestation cannot be reasonably accomplished on–site or 10
164+off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 11
165+of this subtitle shall be met within 90 days after the completion of the development project. 12
182166
183- (IV) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY
184-WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ;
167+ (5) Linear projects that involve no change in land use may not be subject to 13
168+afforestation requirements. 14
185169
186- (V) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION
187-ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD P ROTECTION AREA AS
188-IDENTIFIED BY A LOCA L JURISDICTION; AND
170+ (6) SOLAR PHOTOVOLTAIC FA CILITIES MAY NOT BE SUBJECT TO 15
171+AFFORESTATION REQUIR EMENTS UNDER THIS SU BTITLE. 16
189172
190- (VI) FORESTS IN URBAN AREA S: WES MOORE, Governor Ch. 457
173+5–1607. 17
191174
192-– 5 –
175+ (b) Standards for meeting afforestation or reforestation requirements shall be 18
176+established by the State or local program using one or more of the following methods: 19
193177
194- 1. AS DELINEATED IN THE PRIORITY URBAN FORES T
195-MAPPING INCLUDED IN THE STATE FOREST CONSERVATION TECHNICAL MANUAL
196-REQUIREMENTS ; OR
178+ (2) The use of qualified conservation completed in a forest mitigation bank 20
179+TO MEET: 21
197180
198- 2. THAT ARE MOST IMPORTA NT FOR PROVIDING
199-WILDLIFE HABITAT OR MITIGATING FLOODING , HIGH TEMPERATURES , OR AIR
200-POLLUTION.
181+ (I) UP TO 50% OF THE AFFORESTATION OR REFORESTATION 22
182+REQUIREMENT , in which case, the afforestation or reforestation credit granted may not 23
183+exceed 50% of the forest area encumbered in perpetuity; OR 24
201184
202- (3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SHALL ISSU E
203-WRITTEN FINDINGS AND JUSTIFICATION FOR AN Y CLEARING OF A PRIO RITY
204-RETENTION AREA DESCR IBED IN PARAGRAPH (1) OR (2) OF THIS SUBSECTION .
185+ (II) IF A LOCAL JURISDICTI ON PROPOSES AND , AFTER PUBLIC 25
186+COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUSTIFICATIO N FOR THE 26
187+INCREASE, UP TO 60% OF THE AFFORESTATION OR REFORESTATION REQ UIREMENT, 27
188+IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT GRAN TED MAY 28
189+NOT EXCEED 50% OF THE FOREST AREA E NCUMBERED IN PERPETUITY . 29
205190
206- (II) ANY JUDICIAL REVIEW O F A FINAL DETERMINAT ION MADE
207-UNDER THIS PARAGRAPH SHALL BE:
191+ (c) (1) The following trees, shrubs, plants, and specific areas shall be 30
192+considered priority for retention and protection, and they shall be left in an undisturbed 31
193+condition unless the applicant has demonstrated, to the satisfaction of the State or local 32 HOUSE BILL 1511 5
208194
209- 1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND
210-RULES; AND
211195
212- 2. LIMITED TO THE RECORD COMPILED BY THE
213-DEPARTMENT OR THE LOC AL AUTHORITY.
196+authority, that reasonable efforts have been made to protect them and the plan cannot 1
197+reasonably be altered: 2
214198
215-5–1610.1.
199+ (i) Trees, shrubs, and plants located in sensitive areas including 3
200+100–year floodplains, intermittent [and] STREAMS AND THEIR BUFFERS OF AT LEAST 4
201+50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT 5
202+LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep 6
203+slopes, and critical habitats; [and] 7
216204
217- (c) [Mitigation] AFTER DECEMBER 31, 2020, MITIGATION banks may be
218-allowed only [in priority]:
205+ (ii) Contiguous forest that connects the largest undeveloped or most 8
206+vegetated tracts of land within and adjacent to the site; 9
219207
220- (1) IF THE APPLICATION WA S SUBMITTED BEFORE DECEMBER 31,
221-2020; OR
208+ (III) FOREST SUITABLE FOR F OREST INTERIOR –DWELLING 10
209+SPECIES; 11
222210
223- (2) WHEN USING:
211+ (IV) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 12
212+WATERSHED AS IDENTIF IED BY THE DEPARTME NT OF THE ENVIRONMENT ; 13
224213
225- (I) QUALIFIED CONSERVATIO N LOCATED IN PRIORIT Y
226-RETENTION AREAS AS I DENTIFIED IN § 5–1607(C) OF THIS SUBTITLE; OR
214+ (V) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 14
215+ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS 15
216+IDENTIFIED BY A LOCA L JURISDICTION; AND 16
227217
228- (II) NEWLY PLANTED FOREST LOCATED IN PRIORITY
229-AFFORESTATION OR REF ORESTATION areas as identified in § 5–1607(d) of this subtitle
230-or as identified in a comprehensive plan adopted by a local jurisdiction.
218+ (VI) FORESTS IN URBAN AREA S: 17
231219
232- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
233-as follows:
220+ 1. AS DELINEATED IN THE PRIORITY URBAN FOREST 18
221+MAPPING INCLUDED IN THE STATE FOREST CONSERVATION TECHNICAL MANUAL 19
222+REQUIREMENTS ; OR 20
234223
235-Chapter 541 of the Acts of 2023
236- Ch. 457 2024 LAWS OF MARYLAND
224+ 2. THAT ARE MOST IMPORTA NT FOR PROVIDING 21
225+WILDLIFE HABITAT OR MITIGATING FLOODING , HIGH TEMPERATURES , OR AIR 22
226+POLLUTION. 23
237227
238-– 6 –
239- SECTION 5. AND BE IT FURTHER ENACTED, That:
228+ (3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SHALL ISSU E 24
229+WRITTEN FINDINGS AND JUSTIFICATION FOR AN Y CLEARING OF A PRIO RITY 25
230+RETENTION AREA DESCR IBED IN PARAGRAPH (1) OR (2) OF THIS SUBSECTION . 26
240231
241- (a) The Department of Natural Resources shall update the State Forest
242-Conservation Technical Manual on or before December 31, 2024, for consistency with this
243-Act.
232+ (II) ANY JUDICIAL REVIEW O F A FINAL DETERMINAT ION MADE 27
233+UNDER THIS PARAGRAPH SHALL BE: 28
244234
245- (b) The updates shall include:
235+ 1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND 29
236+RULES; AND 30
246237
247- (1) guidance on:
238+ 2. LIMITED TO THE RECORD COMPILED BY THE 31
239+DEPARTMENT OR THE LOC AL AUTHORITY. 32 6 HOUSE BILL 1511
248240
249- (i) when the clearing of a priority area for retention described in §
250-5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified,
251-including for purposes related to forest health or composition; and
252241
253- (ii) the use of site design practices to minimize clearing; and
254242
255- (2) standards by which credit may be granted for the restoration of
256-degraded forest.
243+5–1610.1. 1
257244
258- (C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL
259-RESOURCES SHALL UPDAT E THE MODEL LOCAL GO VERNMENT ORDINANCE
260-REQUIRED UNDER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR
261-CONSISTENCY WITH THI S ACT.
245+ (c) [Mitigation] AFTER DECEMBER 31, 2020, MITIGATION banks may be 2
246+allowed only [in priority]: 3
262247
263- (D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL
264-RESOURCES SHALL ADOPT REGULATIONS TO CARRY OUT THE PROVISIONS O F THIS
265-ACT.
248+ (1) IF THE APPLICATION WAS SUBMI TTED BEFORE DECEMBER 31, 4
249+2020; OR 5
266250
267- SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to:
251+ (2) WHEN USING: 6
268252
269- (1) a solarvoltaic facility granted a certificate of public convenience and
270-necessity by the Public Service Commission under § 7–207 of the Public Utilities Article
271-before July 1, [2023] 2025;
253+ (I) QUALIFIED CONSERVATIO N LOCATED IN PRIORIT Y 7
254+RETENTION AREAS AS I DENTIFIED IN § 5–1607(C) OF THIS SUBTITLE; OR 8
272255
273- (2) a forest conservation plan approved before July 1, [2024] 2026, that is
274-associated with a subdivision plan, site plan, building permit, or grading or sediment
275-control application; or
256+ (II) NEWLY PLANTED FOREST LOCATED IN PRIORITY 9
257+AFFORESTATION OR REFORESTATION areas as identified in § 5–1607(d) of this subtitle 10
258+or as identified in a comprehensive plan adopted by a local jurisdiction. 11
276259
277- (3) a revision to a plan or permit described in item (2) of this section that
278-does not materially alter the proposed or actual limits of disturbance.
260+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 12
261+as follows: 13
279262
280- SECTION 10. AND BE IT FURTHER ENACTED, That Se ctions 1, 2, and 3 of this
281-Act shall take effect July 1, [2024] 2026.
263+Chapter 541 of the Acts of 2023 14
282264
283-Chapter 542 of the Acts of 2023 WES MOORE, Governor Ch. 457
265+ SECTION 5. AND BE IT FURTHER ENACTED, That: 15
284266
285-– 7 –
267+ (a) The Department of Natural Resources shall update the State Forest 16
268+Conservation Technical Manual on or before December 31, 2024, for consistency with this 17
269+Act. 18
286270
287- SECTION 5. AND BE IT FURTHER ENACTED, That:
271+ (b) The updates shall include: 19
288272
289- (a) The Department of Natural Resources shall update the State Forest
290-Conservation Technical Manual on or before December 31, 2024, for consistency with this
291-Act.
273+ (1) guidance on: 20
292274
293- (b) The updates shall include:
275+ (i) when the clearing of a priority area for retention described in § 21
276+5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 22
277+including for purposes related to forest health or composition; and 23
294278
295- (1) guidance on:
279+ (ii) the use of site design practices to minimize clearing; and 24
296280
297- (i) when the clearing of a priority area for retention described in §
298-5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified,
299-including for purposes related to forest health or composition; and
281+ (2) standards by which credit may be granted for the restoration of 25
282+degraded forest. 26
300283
301- (ii) the use of site design practices to minimize clearing; and
284+ (C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL 27
285+RESOURCES SHALL UPDAT E THE MODEL LOCAL GO VERNMENT ORDINA NCE 28
286+REQUIRED UNDER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR 29
287+CONSISTENCY WITH THI S ACT. 30 HOUSE BILL 1511 7
302288
303- (2) standards by which credit may be granted for the restoration of
304-degraded forest.
305289
306- (C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL
307-RESOURCES SHALL UPDAT E THE MODEL LOCAL GO VERNMENT ORDINANCE
308-REQUIRED UNDER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR
309-CONSISTENCY WITH THI S ACT.
310290
311- (D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL
312-RESOURCES SHALL ADOPT REGULATIONS TO CARRY OUT THIS ACT.
291+ (D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL 1
292+RESOURCES SHALL ADOPT REGULATIONS TO CARRY OUT THE PROVISIONS O F THIS 2
293+ACT. 3
313294
314- SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to:
295+ SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to: 4
315296
316- (1) a solarvoltaic facility granted a certificate of public convenience and
317-necessity by the Public Service Commission under § 7–207 of the Public Utilities Article
318-before July 1, [2023] 2025;
297+ (1) a solarvoltaic facility granted a certificate of public convenience and 5
298+necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 6
299+before July 1, [2023] 2025; 7
319300
320- (2) a forest conservation plan approved before July 1, [2024] 2026, that is
321-associated with a subdivision plan, site plan, building permit, or grading or sediment
322-control application; or
301+ (2) a forest conservation plan approved before July 1, [2024] 2026, that is 8
302+associated with a subdivision plan, site plan, building permit, or grading or sediment 9
303+control application; or 10
323304
324- (3) a revision to a plan or permit described in item (2) of this section that
325-does not materially alter the proposed or actual limits of disturbance.
305+ (3) a revision to a plan or permit described in item (2) of this section that 11
306+does not materially alter the proposed or actual limits of disturbance. 12
326307
327- SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this
328-Act shall take effect July 1, [2024] 2026.
308+ SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 13
309+Act shall take effect July 1, [2024] 2026. 14
329310
330-Chapter 645 of the Acts of 2021
331- Ch. 457 2024 LAWS OF MARYLAND
311+Chapter 542 of the Acts of 2023 15
332312
333-– 8 –
334- SECTION 11. AND BE IT FURTHER ENACTED, That, except as provided in
335-Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION
336-7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of
337-June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required
338-by the General Assembly, shall be abrogated and of no further force and effect. Subject to
339-Section 10 of this Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of
340-10 years and 1 month, and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with
341-no further action required by the General Assembly, shall be abrogated and of no further
342-force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1
343-month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required
344-by the General Assembly, shall be abrogated and of no further force and effect.
313+ SECTION 5. AND BE IT FURTHER ENACTED, That: 16
345314
346- SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act may not
347-apply to:
315+ (a) The Department of Natural Resources shall update the State Forest 17
316+Conservation Technical Manual on or before December 31, 2024, for consistency with this 18
317+Act. 19
348318
349- (1) a solarvoltaic facility granted a certificate of public convenience and
350-necessity by the Public Service Commission under § 7–207 of the Public Utilities Article
351-before July 1, 2023;
319+ (b) The updates shall include: 20
352320
353- (2) a forest conservation plan approved before July 1, 2024, that is
354-associated with a subdivision plan, site plan, building permit, or grading or sediment
355-control application; or
321+ (1) guidance on: 21
356322
357- (3) a revision to a plan or permit described in item (2) of this section that
358-does not materially alter the proposed or actual limits of disturbance.
323+ (i) when the clearing of a priority area for retention described in § 22
324+5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 23
325+including for purposes related to forest health or composition; and 24
359326
360- SECTION 4. AND BE IT FURTHER ENACTED, That Sections 1 and 3 of this Act
361-shall take effect July 1, 2024.
327+ (ii) the use of site design practices to minimize clearing; and 25
362328
363- SECTION 2. 3. 2. 5. AND BE IT FURTHER ENACTED, That , except as provided in
364-Section 4 of this Act, this Act shall take effect June July June 1, 2024.
329+ (2) standards by which credit may be granted for the restoration of 26
330+degraded forest. 27
365331
366-Approved by the Governor, May 9, 2024.
332+ (C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL 28
333+RESOURCES SHALL UPDAT E THE MODEL LOCAL GO VERNMENT ORDINANCE 29
334+REQUIRED UNDER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR 30
335+CONSISTENCY WITH THI S ACT. 31 8 HOUSE BILL 1511
336+
337+
338+
339+ (D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL 1
340+RESOURCES SHALL ADOPT REGULATIONS TO CARRY OUT THIS ACT. 2
341+
342+ SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to: 3
343+
344+ (1) a solarvoltaic facility granted a certificate of public convenience and 4
345+necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 5
346+before July 1, [2023] 2025; 6
347+
348+ (2) a forest conservation plan approved before July 1, [2024] 2026, that is 7
349+associated with a subdivision plan, site plan, building permit, or grading or sediment 8
350+control application; or 9
351+
352+ (3) a revision to a plan or permit described in item (2) of this section that 10
353+does not materially alter the proposed or actual limits of disturbance. 11
354+
355+ SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 12
356+Act shall take effect July 1, [2024] 2026. 13
357+
358+Chapter 645 of the Acts of 2021 14
359+
360+ SECTION 11. AND BE IT FURTHER ENACTED, That, except as provided in 15
361+Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION 16
362+7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of 17
363+June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required 18
364+by the General Assembly, shall be abrogated and of no further force and effect. Subject to 19
365+Section 10 of this Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of 20
366+10 years and 1 month, and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with 21
367+no further action required by the General Assembly, shall be abrogated and of no further 22
368+force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1 23
369+month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required 24
370+by the General Assembly, shall be abrogated and of no further force and effect. 25
371+
372+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act may not 26
373+apply to: 27
374+
375+ (1) a solarvoltaic facility granted a certificate of public convenience and 28
376+necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 29
377+before July 1, 2023; 30
378+
379+ (2) a forest conservation plan approved before July 1, 2024, that is 31
380+associated with a subdivision plan, site plan, building permit, or grading or sediment 32
381+control application; or 33
382+ HOUSE BILL 1511 9
383+
384+
385+ (3) a revision to a plan or permit described in item (2) of this section that 1
386+does not materially alter the proposed or actual limits of disturbance. 2
387+
388+ SECTION 4. AND BE IT FURTHER ENACTED, That Sections 1 and 3 of this Act 3
389+shall take effect July 1, 2024. 4
390+
391+ SECTION 2. 3. 2. 5. AND BE IT FURTHER ENACTED, That , except as provided in 5
392+Section 4 of this Act, this Act shall take effect June July June 1, 2024. 6
393+
394+
395+
396+
397+Approved:
398+________________________________________________________________________________
399+ Governor.
400+________________________________________________________________________________
401+ Speaker of the House of Delegates.
402+________________________________________________________________________________
403+ President of the Senate.