Maryland 2025 Regular Session

Maryland House Bill HB1470 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		hb1470
10	9
11	10		HOUSE BILL 1470
12		-	M1, L5 (5lr1093)
13		-	ENROLLED BILL
14		-	— Environment and Transportation/Education, Energy, and the Environment —
15		-	Introduced by Montgomery County Delegation and Prince George’s County
16		-	Delegation
	11	+	M1, L5 5lr1093
17	12
18		-	Read and Examined by Proofreaders:
19		-
20		-	_______________________________________________
21		-	Proofreader.
22		-	_______________________________________________
23		-	Proofreader.
24		-
25		-	Sealed with the Great Seal and presented to the Governor , for his approval this
26		-
27		-	_______ day of _______________ at ________________________ o’clock, ________M.
28		-
29		-	______________________________________________
30		-	Speaker.
	13	+	By: Montgomery County Delegation and Prince George’s County Delegation
	14	+	Introduced and read first time: February 7, 2025
	15	+	Assigned to: Environment and Transportation
	16	+	Committee Report: Favorable with amendments
	17	+	House action: Adopted
	18	+	Read second time: March 14, 2025
31	19
32	20		CHAPTER ______
33	21
34	22		AN ACT concerning 1
35	23
36	24		Prince George’s County – Chesapeake and Atlantic Coastal Bays Critical Area 2
37	25		Protection Program – Cutting or Clearing Trees 3
38	26
39	27		MC/PG 113–25 4
40	28
41	29		FOR the purpose of providing that, in Prince George’s County, a certain person may not be 5
42	30		held liable for the cutting or clearing of trees in the Chesapeake and Atlantic Coastal 6
43	31		Bays Critical Area under certain circumstances; requiring the Critical Area 7
44	32		Commission for the Chesapeake and Atlantic Coastal Bays to adopt regulations 8
45	33		authorizing a certain person to appeal a certain action to enforce a certain violation 9
46	34		involving the clearing or cutting of trees in the Chesapeake and Atlantic Coastal 10
47	35		Bays Critical Area, the Prince George’s County Department of Permitting, 11
48	36		Inspections, and Enforcement must record a lien on property that is the subject of 12
49		-	the violation in a certain manner; establishing certain limits, prohibitions, 13 2 HOUSE BILL 1470
	37	+	the violation in a certain manner; establishing certain limits, prohibitions, 13
	38	+	requirements, and authorizations on actions certain local jurisdictions may take if a 14
	39	+	lien is not recorded as required by this Act; requiring the Prince George’s County 15
	40	+	government and the Maryland–National Capital Park and Planning Commission to 16
	41	+	vacate certain administrative enforcement actions related to a certain violation 17
	42	+	occurring on or after a certain date; requiring the Prince George’s County 18
	43	+	government to reimburse a current property owner for certain costs and fees 19
	44	+	associated with certain administrative enforcement actions; applying this Act 20
	45	+	retroactively to certain violations occurring on or before a certain date; and generally 21
	46	+	relating to the cutting or clearing of trees in the Chesapeake and Atlantic Coastal 22
	47	+	Bays Critical Area in Prince George’s County. 23
	48	+	2 HOUSE BILL 1470
50	49
51	50
52		-	requirements, and authorizations on actions certain local jurisdictions may take if a 1
53		-	lien is not recorded as required by this Act; requiring the Prince George’s County 2
54		-	government and the Maryland–National Capital Park and Planning Commission to 3
55		-	vacate certain administrative enforcement actions related to a certain violation 4
56		-	occurring on or after a certain date; requiring the Prince George’s County 5
57		-	government to reimburse a current property owner for certain costs and fees 6
58		-	associated with certain administrative enforcement actions; applying this Act 7
59		-	retroactively to certain violations occurring on or before a certain date; and generally 8
60		-	relating to the cutting or clearing of trees in the Chesapeake and Atlantic Coastal 9
61		-	Bays Critical Area in Prince George’s County. 10
	51	+	BY repealing and reenacting, with amendments, 1
	52	+	Article – Natural Resources 2
	53	+	Section 8–1815.1 3
	54	+	Annotated Code of Maryland 4
	55	+	(2023 Replacement Volume and 2024 Supplement) 5
62	56
63		-	BY repealing and reenacting, with amendments, 11
64		-	Article – Natural Resources 12
65		-	Section 8–1815.1 13
66		-	Annotated Code of Maryland 14
67		-	(2023 Replacement Volume and 2024 Supplement) 15
	57	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
	58	+	That the Laws of Maryland read as follows: 7
68	59
69		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
70		-	That the Laws of Maryland read as follows: 17
	60	+	Article – Natural Resources 8
71	61
72		-	~~Article – Natural Resources 18~~
	62	+	8–1815.1. 9
73	63
74		-	8–1815.1. 19
	64	+	(a) (1) The provisions of this section are in addition to any other sanction, 10
	65	+	remedy, or penalty provided by law. 11
75	66
76		-	(a) ~~(1) The provisions of~~ this section ~~are in addition~~ to any ~~other sanction,~~ 20
77		-	~~remedy, or penalty provided~~ by ~~law~~. 21
	67	+	(2) This section does not apply to any cutting or clearing of trees that is 12
	68	+	allowed under regulations adopted by the Commission under this subtitle. 13
78	69
79		-	(2) This section does not apply to any cutting or clearing of trees that is 22
80		-	allowed under regulations adopted by the Commission under this subtitle. 23
	70	+	(b) [If] SUBJECT TO SUBSECTION (F) OF THIS SECTION , IF a person cuts or 14
	71	+	clears or plans to cut or clear trees within the Chesapeake Bay Critical Area or Atlantic 15
	72	+	Coastal Bays Critical Area in violation of an approved local critical area program or of 16
	73	+	regulations adopted by the Commission, the chair may bring an action, or the local 17
	74	+	jurisdiction may bring an action or request that the chair of the Commission refer the 18
	75	+	matter to the Attorney General to bring an action: 19
81	76
82		-	(b) [If] SUBJECT TO SUBSECTION (F) OF THIS SECTION , IF a person cuts or 24
83		-	clears or plans to cut or clear trees within the Chesapeake Bay Critical Area or Atlantic 25
84		-	Coastal Bays Critical Area in violation of an approved local critical area program or of 26
85		-	regulations adopted by the Commission, the chair may bring an action, or the local 27
86		-	jurisdiction may bring an action or request that the chair of the Commission refer the 28
87		-	matter to the Attorney General to bring an action: 29
	77	+	(1) To require the person to replant trees where the cutting or clearing 20
	78	+	occurred in accordance with a plan prepared by the State Forester, a registered professional 21
	79	+	forester, or a registered landscape architect; 22
88	80
89		-	(1) To require the person to replant trees where the cutting or clearing 30
90		-	occurred in accordance with a plan prepared by the State Forester, a registered professional 31
91		-	forester, or a registered landscape architect; 32
	81	+	(2) To restrain the planned violation; or 23
92	82
93		-	(2) ~~To restrain the planned violation; or 33~~
	83	+	(3) For damages: 24
94	84
95		-	(3) For damages: 34
	85	+	(i) To be assessed by a circuit court in an amount equal to the 25
	86	+	estimated cost of replanting trees; and 26
96	87
97		-	(i) To be assessed by a circuit court in an amount equal to the 35
98		-	estimated cost of replanting trees; and 36 HOUSE BILL 1470 3
	88	+	(ii) To be paid to the Department by the person found to have 27
	89	+	violated the provisions of this subsection. 28
	90	+
	91	+	(c) If the chair of the Commission has reason to believe that the local jurisdiction 29
	92	+	is failing to enforce the requirements of subsection (b) of this section, the chair shall refer 30
	93	+	the matter to the Attorney General as provided under § 8–1815(b) of this subtitle. 31
	94	+
	95	+	(d) On the chair of the Commission’s referral of an alleged violation under 32
	96	+	subsection (c) of this section to the Attorney General, the Attorney General may invoke the 33
	97	+	remedies available to the local jurisdiction under subsection (b) of this section in any court 34 HOUSE BILL 1470 3
	98	+
	99	+
	100	+	of competent jurisdiction in which the local jurisdiction would be authorized to prosecute 1
	101	+	or sue. 2
	102	+
	103	+	(e) On the request of a local jurisdiction or the chair of the Commission, the State 3
	104	+	Forester, a registered professional forester, or a registered landscape architect may 4
	105	+	prepare, oversee, and approve the final implementation of a plan to: 5
	106	+
	107	+	(1) Replant trees in any part of the Chesapeake Bay Critical Area where 6
	108	+	trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b) 7
	109	+	of this section; and 8
	110	+
	111	+	(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area 9
	112	+	where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of 10
	113	+	subsection (b) of this section. 11
	114	+
	115	+	(F) (1) THIS SUBSECTION APPLI ES ONLY IN: 12
	116	+
	117	+	(I) IN PRINCE GEORGE’S COUNTY; AND 13
	118	+
	119	+	(II) TO REAL PROPERTY CONS ISTING OF A PARCEL O F LAND OF 14
	120	+	LESS THAN 5 ACRES THAT IS NOT ZO NED FOR COMMERCIAL U SE. 15
	121	+
	122	+	(2) A PERSON WHO IN GOOD F AITH PURCHASES PROPE RTY IN THE 16
	123	+	CRITICAL AREA MAY NOT BE HELD LIABLE FOR THE CUTTI NG OR CLEARING OF 17
	124	+	TREES BY PREVIOUS OW NERS OR USERS OF THE PROPERTY IN VIOLATIO N OF 18
	125	+	SUBSECTION (B) OF THIS SECTION. 19
	126	+
	127	+	(G) THE COMMISSION SHALL ADOP T REGULATIONS AUTHORIZ ING A 20
	128	+	PERSON TO APPEAL AN ACTION BROUGHT UNDER THIS SECTION. 21
	129	+
	130	+	(2) (I) IN THE ENFORCEMENT OF SUBSECTION (B) OF THIS 22
	131	+	SECTION FOR A VIOLAT ION INVOLVING THE CL EARING OR CUTTING OF TREES IN THE 23
	132	+	CRITICAL AREA, THE PRINCE GEORGE’S COUNTY DEPARTMENT OF PERMITTING, 24
	133	+	INSPECTIONS, AND ENFORCEMENT SHALL REC ORD A LIEN ON THE PR OPERTY THAT 25
	134	+	IS THE SUBJECT OF TH E VIOLATION WITHIN 90 DAYS AFTER ISSUING N OTICE OF THE 26
	135	+	VIOLATION TO THE PRO PERTY OWNER . 27
	136	+
	137	+	(II) A PROPERLY RECORDED LI EN AS DESCRIBED IN 28
	138	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH IS REQUIRED TO ENFORCE AND HOLD A 29
	139	+	CURRENT PROPERTY OWN ER LIABLE FOR THE CU TTING OR CLEARING OF TREES BY 30
	140	+	A PREVIOUS PROPERTY OWNER OR USER WHO PE RFORMED THE ACT THAT CAUSED 31
	141	+	THE VIOLATION. 32
	142	+
	143	+	(III) IF A LIEN IS NOT RECO RDED AS REQUIRED, THE LOCAL 33
	144	+	JURISDICTION: 34 4 HOUSE BILL 1470
99	145
100	146
101	147
102		-	(ii) To be paid to the Department by the person found to have 1
103		-	violated the provisions of this subsection. 2
	148	+	1. MAY PURSUE AN ENFORCE MENT ACTION AGAINST 1
	149	+	ONLY THE PREVIOUS OW NER OR USER THAT PER FORMED THE ACT THAT CAUSED 2
	150	+	THE VIOLATION; 3
104	151
105		-	(c) If the chair of the Commission has reason to believe that the local jurisdiction 3
106		-	is failing to enforce the requirements of subsection (b) of this section, the chair shall refer 4
107		-	the matter to the Attorney General as provided under § 8–1815(b) of this subtitle. 5
	152	+	2. MAY NOT SEEK THE REME DIES DESCRIBED IN 4
	153	+	SUBSECTION (B) OF THIS SECTION AGAI NST THE CURRENT PROPERTY OWN ER; AND 5
108	154
109		-	(d) On the chair of the Commission’s referral of an alleged violation under 6
110		-	subsection (c) of this section to the Attorney General, the Attorney General may invoke the 7
111		-	remedies available to the local jurisdiction under subsection (b) of this section in any court 8
112		-	of competent jurisdiction in which the local jurisdiction would be authorized to prosecute 9
113		-	or sue. 10
	155	+	3. A. SHALL PERFORM ANY RES TORATION OR 6
	156	+	MITIGATION THAT MAY BE REQUIRED UNDER TH IS SECTION OR § 8–1815 OF THIS 7
	157	+	SUBTITLE RESULTING F ROM THE VIOLATION TH AT IS NOT PERFORMED BY THE 8
	158	+	PREVIOUS OWNER OR US ER; AND 9
114	159
115		-	~~(e) On~~ the ~~request~~ of ~~a local jurisdiction or the chair of the Commission, the State 11~~
116		-	~~Forester, a registered professional forester,~~ or ~~a registered landscape architect may 12~~
117		-	~~prepare, oversee,~~ ~~and approve the final implementation~~ of ~~a plan to:~~ 13
	160	+	B. MAY ENTER THE PROPERTY THAT IS THE SUBJECT OF 10
	161	+	THE VIOLATION FOR RE STORATION OR MITIGAT ION PURPOSES IN ACCO RDANCE 11
	162	+	WITH § 8–1815 OF THIS SUBTITLE. 12
118	163
119		-	(1) Replant trees in any part of the Chesapeake Bay Critical Area where 14
120		-	trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b) 15
121		-	of this section; and 16
	164	+	SECTION 2. AND BE IT FURTHER ENACTED, That: 13
122	165
123		-	(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area 17
124		-	where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of 18
125		-	subsection (b) of this section. 19
	166	+	(a) This Act shall be construed to apply retroactively and shall be applied to and 14
	167	+	interpreted to affect a violation of § 8–1815(b) of the Natural Resources Article, as enacted 15
	168	+	by Section 1 of this Act, in Prince George’s County occurring on or before November 7, 2018, 16
	169	+	but only with respect to a violation imposed on a current property owner who in good faith 17
	170	+	purchases the property that is the subject of the violation after a previous property owner 18
	171	+	or user committed the act that caused the violation and was cited for the violation. 19
126	172
127		-	(F) (1) THIS SUBSECTION APPLI ES ONLY IN: 20
	173	+	(b) The Prince George’s County government and the Maryland–National Capital 20
	174	+	Park and Planning Commission shall vacate any administrative enforcement actions taken 21
	175	+	for a violation described in subsection (a) of this section, including the release of a lien 22
	176	+	recorded on the property that is the subject of the violation. 23
128	177
129		-	(I) IN PRINCE GEORGE’S COUNTY; AND 21
	178	+	(c) The Prince George’s County government shall reimburse a current property 24
	179	+	owner for all costs and fees associated with any administrative enforcement actions taken 25
	180	+	for a violation described in subsection (a) of this section, including civil penalties, bonds, 26
	181	+	reforestation costs, fees for attorneys, engineers, foresters, and landscape architects, and 27
	182	+	any other costs or fees. 28
130	183
131		-	~~(II) TO REAL PROPERTY CONS ISTING OF A PARCEL OF LAND OF 22~~
132		-	~~LESS THAN 5 ACRES THAT IS NOT ZO NED FOR COMMERCIAL U SE~~. 23
	184	+	SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
	185	+	October 1, 2025. 30
133	186
134		-	(2) A PERSON WHO IN GOOD F AITH PURCHASES PROPE RTY IN THE 24
135		-	CRITICAL AREA MAY NOT BE HELD LIABLE FOR THE CUTTI NG OR CLEARING OF 25
136		-	TREES BY PREVIOUS OW NERS OR USERS OF THE PROPERTY IN V IOLATION OF 26
137		-	SUBSECTION (B) OF THIS SECTION. 27
138		-
139		-	(G) THE COMMISSION SHALL ADOP T REGULATIONS AUTHOR IZING A 28
140		-	PERSON TO APPEAL AN ACTION BROUGHT UNDER THIS SECTION. 29
141		-
142		-	(2) (I) IN THE ENFORCEMENT OF SUBSECTION (B) OF THIS 30
143		-	SECTION FOR A VIOLAT ION INVOLVING THE CL EARING OR CUTTING OF T REES IN THE 31
144		-	CRITICAL AREA, THE PRINCE GEORGE’S COUNTY DEPARTMENT OF PERMITTING, 32
145		-	INSPECTIONS, AND ENFORCEMENT SHALL REC ORD A LIEN ON THE PR OPERTY THAT 33 4 HOUSE BILL 1470
146		-
147		-
148		-	IS THE SUBJECT OF TH E VIOLATION WITHIN 90 DAYS AFTER ISSUING N OTICE OF THE 1
149		-	VIOLATION TO THE PROPERTY OWNER . 2
150		-
151		-	(II) A PROPERLY RECORDED LI EN AS DESCRIBED IN 3
152		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH IS REQUIRED TO ENFORCE AND HOLD A 4
153		-	CURRENT PROPERTY OWN ER LIABLE FOR THE CU TTING OR CLEARING OF TREES BY 5
154		-	A PREVIOUS PROPERTY OWNER OR USER WHO PE RFORMED THE ACT THAT CAUS ED 6
155		-	THE VIOLATION. 7
156		-
157		-	(III) IF A LIEN IS NOT RECO RDED AS REQUIRED , THE LOCAL 8
158		-	JURISDICTION: 9
159		-
160		-	1. MAY PURSUE AN ENFORCE MENT ACTION AGAINST 10
161		-	ONLY THE PREVIOUS OW NER OR USER THAT PER FORMED THE ACT THAT CAUSED 11
162		-	THE VIOLATION; 12
163		-
164		-	2. MAY NOT SEEK THE REMEDIE S DESCRIBED IN 13
165		-	SUBSECTION (B) OF THIS SECTION AGAI NST THE CURRENT PROP ERTY OWNER ; AND 14
166		-
167		-	3. A. SHALL PERFORM ANY RES TORATION OR 15
168		-	MITIGATION THAT MAY BE REQUIRED UNDER TH IS SECTION OR § 8–1815 OF THIS 16
169		-	SUBTITLE RESULTING F ROM THE VIOLATI ON THAT IS NOT PERFO RMED BY THE 17
170		-	PREVIOUS OWNER OR US ER; AND 18
171		-
172		-	B. MAY ENTER THE PROPERT Y THAT IS THE SUBJEC T OF 19
173		-	THE VIOLATION FOR RE STORATION OR MITIGAT ION PURPOSES IN ACCO RDANCE 20
174		-	WITH § 8–1815 OF THIS SUBTITLE. 21
175		-
176		-	SECTION 2. AND BE IT FURTHER ENACTED, Tha t: 22
177		-
178		-	(a) This Act shall be construed to apply retroactively and shall be applied to and 23
179		-	interpreted to affect a violation of § 8–1815(b) described in § 8–1815.1(b) of the Natural 24
180		-	Resources Article, as enacted by Section 1 of this Act, in Prince George’s County occurring 25
181		-	on or before November 7, 2018, but only with respect to a violation imposed on a current 26
182		-	property owner who in good faith purchases the property that is the subject of the violation 27
183		-	after a previous property owner or user committed the act that caused the violation and 28
184		-	was cited for the violation. 29
185		-
186		-	(b) The Prince George’s County government and the Maryland–National Capital 30
187		-	Park and Planning Commission shall vacate any administrative enforcement actions taken 31
188		-	for a violation described in subsection (a) of this section, including the release of a lien 32
189		-	recorded on the property that is the subject of the violation. 33
190		-
191		-	(c) The Prince George’s County government shall reimburse a current property 34
192		-	owner for all costs and fees associated with any administrative enforcement actions taken 35 HOUSE BILL 1470 5
193		-
194		-
195		-	for a violation described in subsection (a) of this section, including civil penalties, bonds, 1
196		-	reforestation costs, fees for attorneys, engineers, foresters, and landscape architects, and 2
197		-	any other costs or fees. 3
198		-
199		-	SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
200		-	October 1, 2025. It shall remain effective for a period of 2 years and, at the end of September 5
201		-	30, 2027, this Act, with no further action required by the General Assembly, shall be 6
202		-	abrogated and of no further force and effect. 7
203		-
204		-
205		-
206		-	Approved:
207		-	________________________________________________________________________________
208		-	Governor.
209		-	________________________________________________________________________________
210		-	Speaker of the House of Delegates.
211		-	________________________________________________________________________________
212		-	President of the Senate.