Article I. General.
Sec. 22A-1. Short title.
Sec. 22A-2. Findings and purpose.
Sec. 22A-3. Definitions.
Sec. 22A-4. Applicability.
Sec. 22A-5. Exemptions.
Sec. 22A-6. Special provisions — Exemptions; tree save plans; and highway projects.
Sec. 22A-7. Activities or development not exempt under Section 22A-5-Special transition provision.
Sec. 22A-8. Utility lines.
Sec. 22A-9. County and Municipal Highway Projects.
Article II. Forest Stand Delineations and Forest Conservation Plans.
Sec. 22A-10. General.
Sec. 22A-11. Application, review, and approval procedures.
Sec. 22A-12. Retention, afforestation, and reforestation requirements.
Sec. 22A-13. Forest mitigation banks.
Sec. 22A-14. Reserved.
Article III. Enforcement, Appeals, and Variances.
Sec. 22A-15. Inspections and notification.
Sec. 22A-16. Penalties and other remedies.
Sec. 22A-17. Corrective actions.
Sec. 22A-18. Plan suspension and revocation.
Sec. 22A-19. Noncompliance with conditions of exemption.
Sec. 22A-20. Hearings and appeals.
Sec. 22A-21. Variance.
Secs. 22A-22--22A-25. Reserved.
Article IV. Administration.
Sec. 22A-26. Regulations.
Sec. 22A-27. Forest Conservation Fund.
Secs. 22A-28, 22A-29. Reserved.
Article V. County Arborist.
Sec. 22A-30. County arborist.
Sec. 22A-31. Forest Conservation Advisory Committee.
Notes
| 1 | *Editor's note—This Chapter is cited in Maryland-National Capital Park and Planning Commission v. Mardirossian, 184 Md. App. 207, 964 A.2d 713 (2009). 2023 L.M.C., ch. 6, §§ 2 and 3, state: Sec. 2. Expedited Effective Date. This Act is necessary for the immediate protection of the public health, safety, or interest and must take effect on the day that it becomes law. Sec. 3. Transition. Any amendment to Chapter 22A under Section of this Act does not apply to: (a) a preliminary or final forest conservation plan submitted before this Act took effect; or (b) a County highway project if, prior to the effective date of this Act, funding has been appropriated for the project, and the project has been submitted to the Planning Board under mandatory referral.
2021 L.M.C., ch. 1, § 2, states: Sec. 2. Transition. Section 1 of this Act must not apply to a county highway project if, prior to the effective date of the Act, construction funding has been appropriated for the project, and the project has been submitted to the Planning Board under mandatory referral.
2010 L.M.C., ch. 6, § 2(b), states: Any amendment to County Code Chapter 22A made by Section 1 of this Act applies to any enforcement action that begins after this Act takes effect [ March 26, 2010] even if the alleged violation on which the enforcement action is based was committed before this Act took effect. 2005 L.M.C., ch. 32, § 2, repeals 1992 L.M.C., ch. 4, § 2, set forth below. 1992 L.M.C., ch. 4, §§ 2, 3, 4 and 5 read as follows (1992 L.M.C., ch. 4, § 3 was amended by 2013 L.M.C., ch. 4, § 2): Sec. 2. Setting of in lieu fees and maximum administrative civil penalty. Until altered by law or resolution, the fee in lieu of afforestation or reforestation is 30 cents per square foot of the area of required planting and the maximum administrative civil penalty authorized is $1.00 per square foot of the area found to be in noncompliance. Sec. 3. Contingency on Commission resolution. Until express authority for Planning Board administration and enforcement of Article II, as enacted in Section 1 of this Act, is provided under State law, this Act is contingent on and does not become effective until the Maryland-National Capital Park and Planning Commission adopts a resolution under Section 20-207 of the Land Use Article of the Maryland Code allocating the functions provided under this Act to the Montgomery County Planning Board. Sec. 4. Administrative Actions. The Chief Administrative Officer is expressly authorized to initiate all necessary budgetary, personnel, and other administrative actions to implement this Act. Until a County Arborist is appointed, the responsibility of the Arborist under this Act to approve proposed commercial logging and timber harvesting operations, review proposed variances, and review certain reports, must be exercised by the Director of the Department of Environmental Protection or the Director's designee. Sec. 5. Effective Date; Delayed Provisions. Except as provided in Section 3 and this Section, this Act takes effect 91 days following the date that it becomes law, Section 22A-26 (Regulations) as enacted by Section 1 of this Act takes effect on that date. All other provisions of this Act take effect on July 1, 1992. These requirements by State law: 1992, ch. 643, and Park and Planning Resolution No. 92-07. |
(a) Findings. The County Council finds that trees and forest cover constitute an important natural resource. Trees filter groundwater, reduce surface runoff, help alleviate flooding, and supply necessary habitat for wildlife. They cleanse the air, offset the heat island effects of urban development, and reduce energy needs. They improve the quality of life in a community by providing for recreation, compatibility between different land uses, and aesthetic appeal. The Council finds that tree loss as a result of development and other land disturbing activities is a serious problem in the County.
(b) Purpose. The purpose of this Chapter is to:
(1) save, maintain, and plant trees and forested areas for the benefit of County residents and future generations;
(2) establish procedures, standards, and requirements to minimize tree loss as a result of development and to protect trees and forests during and after construction or other land disturbing activities;
(3) establish procedures, standards, and requirements for afforestation and reforestation of land subject to an application for development approval or a sediment control permit;
(4) establish a fund for future tree conservation projects, including afforestation and reforestation; and
(5) provide a focused and coordinated approach for County forest conservation activities. (1992 L.M.C., ch. 4, § 1)
Loading...