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Underlining indicates amendments to bill.
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*hb1470*
HOUSE BILL 1470
M1, L5 (5lr1093)
ENROLLED BILL
— Environment and Transportation/Education, Energy, and the Environment —
Introduced by Montgomery County Delegation and Prince George’s County
Delegation
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
Prince George’s County – Chesapeake and Atlantic Coastal Bays Critical Area 2
Protection Program – Cutting or Clearing Trees 3
MC/PG 113–25 4
FOR the purpose of providing that, in Prince George’s County, a certain person may not be 5
held liable for the cutting or clearing of trees in the Chesapeake and Atlantic Coastal 6
Bays Critical Area under certain circumstances; requiring the Critical Area 7
Commission for the Chesapeake and Atlantic Coastal Bays to adopt regulations 8
authorizing a certain person to appeal a certain action to enforce a certain violation 9
involving the clearing or cutting of trees in the Chesapeake and Atlantic Coastal 10
Bays Critical Area, the Prince George’s County Department of Permitting, 11
Inspections, and Enforcement must record a lien on property that is the subject of 12
the violation in a certain manner; establishing certain limits, prohibitions, 13 2 HOUSE BILL 1470
requirements, and authorizations on actions certain local jurisdictions may take if a 1
lien is not recorded as required by this Act; requiring the Prince George’s County 2
government and the Maryland–National Capital Park and Planning Commission to 3
vacate certain administrative enforcement actions related to a certain violation 4
occurring on or after a certain date; requiring the Prince George’s County 5
government to reimburse a current property owner for certain costs and fees 6
associated with certain administrative enforcement actions; applying this Act 7
retroactively to certain violations occurring on or before a certain date; and generally 8
relating to the cutting or clearing of trees in the Chesapeake and Atlantic Coastal 9
Bays Critical Area in Prince George’s County. 10
BY repealing and reenacting, with amendments, 11
Article – Natural Resources 12
Section 8–1815.1 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Natural Resources 18
8–1815.1. 19
(a) (1) The provisions of this section are in addition to any other sanction, 20
remedy, or penalty provided by law. 21
(2) This section does not apply to any cutting or clearing of trees that is 22
allowed under regulations adopted by the Commission under this subtitle. 23
(b) [If] SUBJECT TO SUBSECTION (F) OF THIS SECTION , IF a person cuts or 24
clears or plans to cut or clear trees within the Chesapeake Bay Critical Area or Atlantic 25
Coastal Bays Critical Area in violation of an approved local critical area program or of 26
regulations adopted by the Commission, the chair may bring an action, or the local 27
jurisdiction may bring an action or request that the chair of the Commission refer the 28
matter to the Attorney General to bring an action: 29
(1) To require the person to replant trees where the cutting or clearing 30
occurred in accordance with a plan prepared by the State Forester, a registered professional 31
forester, or a registered landscape architect; 32
(2) To restrain the planned violation; or 33
(3) For damages: 34
(i) To be assessed by a circuit court in an amount equal to the 35
estimated cost of replanting trees; and 36 HOUSE BILL 1470 3
(ii) To be paid to the Department by the person found to have 1
violated the provisions of this subsection. 2
(c) If the chair of the Commission has reason to believe that the local jurisdiction 3
is failing to enforce the requirements of subsection (b) of this section, the chair shall refer 4
the matter to the Attorney General as provided under § 8–1815(b) of this subtitle. 5
(d) On the chair of the Commission’s referral of an alleged violation under 6
subsection (c) of this section to the Attorney General, the Attorney General may invoke the 7
remedies available to the local jurisdiction under subsection (b) of this section in any court 8
of competent jurisdiction in which the local jurisdiction would be authorized to prosecute 9
or sue. 10
(e) On the request of a local jurisdiction or the chair of the Commission, the State 11
Forester, a registered professional forester, or a registered landscape architect may 12
prepare, oversee, and approve the final implementation of a plan to: 13
(1) Replant trees in any part of the Chesapeake Bay Critical Area where 14
trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b) 15
of this section; and 16
(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area 17
where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of 18
subsection (b) of this section. 19
(F) (1) THIS SUBSECTION APPLI ES ONLY IN: 20
(I) IN PRINCE GEORGE’S COUNTY; AND 21
(II) TO REAL PROPERTY CONS ISTING OF A PARCEL OF LAND OF 22
LESS THAN 5 ACRES THAT IS NOT ZO NED FOR COMMERCIAL U SE. 23
(2) A PERSON WHO IN GOOD F AITH PURCHASES PROPE RTY IN THE 24
CRITICAL AREA MAY NOT BE HELD LIABLE FOR THE CUTTI NG OR CLEARING OF 25
TREES BY PREVIOUS OW NERS OR USERS OF THE PROPERTY IN V IOLATION OF 26
SUBSECTION (B) OF THIS SECTION. 27
(G) THE COMMISSION SHALL ADOP T REGULATIONS AUTHOR IZING A 28
PERSON TO APPEAL AN ACTION BROUGHT UNDER THIS SECTION. 29
(2) (I) IN THE ENFORCEMENT OF SUBSECTION (B) OF THIS 30
SECTION FOR A VIOLAT ION INVOLVING THE CL EARING OR CUTTING OF T REES IN THE 31
CRITICAL AREA, THE PRINCE GEORGE’S COUNTY DEPARTMENT OF PERMITTING, 32
INSPECTIONS, AND ENFORCEMENT SHALL REC ORD A LIEN ON THE PR OPERTY THAT 33 4 HOUSE BILL 1470
IS THE SUBJECT OF TH E VIOLATION WITHIN 90 DAYS AFTER ISSUING N OTICE OF THE 1
VIOLATION TO THE PROPERTY OWNER . 2
(II) A PROPERLY RECORDED LI EN AS DESCRIBED IN 3
SUBPARAGRAPH (I) OF THIS PARAGRAPH IS REQUIRED TO ENFORCE AND HOLD A 4
CURRENT PROPERTY OWN ER LIABLE FOR THE CU TTING OR CLEARING OF TREES BY 5
A PREVIOUS PROPERTY OWNER OR USER WHO PE RFORMED THE ACT THAT CAUS ED 6
THE VIOLATION. 7
(III) IF A LIEN IS NOT RECO RDED AS REQUIRED , THE LOCAL 8
JURISDICTION: 9
1. MAY PURSUE AN ENFORCE MENT ACTION AGAINST 10
ONLY THE PREVIOUS OW NER OR USER THAT PER FORMED THE ACT THAT CAUSED 11
THE VIOLATION; 12
2. MAY NOT SEEK THE REMEDIE S DESCRIBED IN 13
SUBSECTION (B) OF THIS SECTION AGAI NST THE CURRENT PROP ERTY OWNER ; AND 14
3. A. SHALL PERFORM ANY RES TORATION OR 15
MITIGATION THAT MAY BE REQUIRED UNDER TH IS SECTION OR § 8–1815 OF THIS 16
SUBTITLE RESULTING F ROM THE VIOLATI ON THAT IS NOT PERFO RMED BY THE 17
PREVIOUS OWNER OR US ER; AND 18
B. MAY ENTER THE PROPERT Y THAT IS THE SUBJEC T OF 19
THE VIOLATION FOR RE STORATION OR MITIGAT ION PURPOSES IN ACCO RDANCE 20
WITH § 8–1815 OF THIS SUBTITLE. 21
SECTION 2. AND BE IT FURTHER ENACTED, Tha t: 22
(a) This Act shall be construed to apply retroactively and shall be applied to and 23
interpreted to affect a violation of § 8–1815(b) described in § 8–1815.1(b) of the Natural 24
Resources Article, as enacted by Section 1 of this Act, in Prince George’s County occurring 25
on or before November 7, 2018, but only with respect to a violation imposed on a current 26
property owner who in good faith purchases the property that is the subject of the violation 27
after a previous property owner or user committed the act that caused the violation and 28
was cited for the violation. 29
(b) The Prince George’s County government and the Maryland–National Capital 30
Park and Planning Commission shall vacate any administrative enforcement actions taken 31
for a violation described in subsection (a) of this section, including the release of a lien 32
recorded on the property that is the subject of the violation. 33
(c) The Prince George’s County government shall reimburse a current property 34
owner for all costs and fees associated with any administrative enforcement actions taken 35 HOUSE BILL 1470 5
for a violation described in subsection (a) of this section, including civil penalties, bonds, 1
reforestation costs, fees for attorneys, engineers, foresters, and landscape architects, and 2
any other costs or fees. 3
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. It shall remain effective for a period of 2 years and, at the end of September 5
30, 2027, this Act, with no further action required by the General Assembly, shall be 6
abrogated and of no further force and effect. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.