(a) General.
(1) Application. The submission of a development plan, floating zone plan, project plan, sketch plan, subdivision plan, site plan, biohealth priority campus plan, special exception, conditional use, mandatory referral, park development plan, or sediment control permit under this Section must include an approved forest stand delineation or a confirmed exemption from submitting a forest conservation plan under Section 22A-5.
(2) Coordinated with project review. The forest conservation plan must be submitted and reviewed in conjunction with the review process for a development plan, floating zone plan, project plan, subdivision plan, site plan, biohealth priority campus plan, special exception, conditional use, mandatory referral, park development plan, or sediment control permit under this Section. The Planning Director must coordinate review of the forest conservation plan with the Director of Environmental Protection, the Director of Permitting Services, the Washington Suburban Sanitary Commission, other relevant regulatory agencies, and entities that will provide public utilities to the tract, to promote consistency between the objectives of this Chapter and other development requirements. To the extent practicable, entities providing public utilities should design facilities that will serve a tract in a manner that avoids identified conservation areas and minimizes tree loss.
(3) Modification of an approved plan. The Planning Director may approve modifications to an approved forest conservation plan that are consistent with this Chapter if:
(A) field inspections or other evaluation reveals minor inadequacies of the plan; or
(B) each modification is a minor amendment, as defined in Section 22A.00.01.13.A.1, as amended, of the Forest Conservation – Trees Regulations, and does not impact any forest in a priority area (such as substituting an on-site conservation area for an equal or greater on-site area of similar character, or substituting a marginal on-site conservation area for equal or greater amount of off-site priority area); or
(C) action is otherwise required in an emergency situation.
Any other modification, including major amendments, must be approved by the agency that approved the forest conservation plan.
(4) Notice. Public posting and written notice of forest conservation plan applications must be provided by applicants as specified in Section 50/59.10.01.04, as amended, of the Administrative Procedures for Development Review..
(b) Project requiring development plan, floating zone plan, project plan, preliminary plan of subdivision, biohealth priority campus plan, or site plan approval.
(1) Forest stand delineation. The applicant must submit to the Planning Director a forest stand delineation and the forest stand delineation must be approved before the applicant may submit an application for a development plan, floating zone plan, project plan, preliminary plan of subdivision, biohealth priority campus plan, or site plan. Within 30 days of receipt, the Planning Director must notify the applicant whether the forest stand delineation is complete and correct. If the Planning Director fails to notify the applicant within 30 days, the delineation will be treated as complete and correct. The Planning Director may require further information or provide for one extension of this deadline for an additional 15 days for extenuating circumstances. The applicant must submit revised drawings to address comments within 90 days from the date the Planning Director sends comments to the applicant. If the applicant fails to submit revised drawings, the application is deemed withdrawn. The Planning Director may provide for one extension of this deadline for extenuating circumstances.
(2) Forest conservation plan.
(A) Application. After being notified that the forest stand delineation is complete and correct, the applicant must submit a forest conservation plan to the Planning Director with the related application for a development plan, floating zone plan, project plan, preliminary plan of subdivision, biohealth priority campus plan, or site plan. If the development proposal will require more than one approval subject to this subsection, the applicant must submit a preliminary forest conservation plan to the Planning Director in conjunction with the first approval, and a final forest conservation plan in conjunction with the last approval; however, if multiple approvals subject to this subsection are submitted to the Planning Director for simultaneous review, the applicant need submit only a final forest conservation plan that will be considered for each relevant application. If only one approval subject to this subsection is required, an applicant must submit a final forest conservation plan at the time of the development application.
(B) Review. Within 45 days from receipt of a final forest conservation plan, including a plan that is not reviewed in 2 stages, the Planning Director must notify the applicant whether the forest conservation plan is complete and approved for submission to the Planning Board as part of the development application. If the applicant is not notified within 45 days, the plan will be treated as complete and approved for submission. The Planning Director may require further information or provide for one extension of this deadline for an additional 15 days for extenuating circumstances. In addition, at the request of the applicant, the Director may extend this deadline further for extenuating circumstances.
(C) Approval. The Planning Board must review and act on the forest conservation plan concurrently with the development plan, floating zone plan, project plan, preliminary plan of subdivision, biohealth priority campus plan, or site plan, as appropriate. Compliance with the preliminary forest conservation plan,, when required and as amended by the Board, must be made a condition of any approval of the first applicable development application. Compliance with the final forest conservation plan, as amended by the Board, must be made a condition of any approval of the last development application. For a development plan or a floating zone plan, a Planning Board recommendation to the District Council on the preliminary forest conservation plan must be made under Section 59-7.2.1. A final forest conservation plan must be approved by the Planning Board or Planning Director, as appropriate, before the Planning Board approves a record plat.
(c) Project requiring special exception or conditional use approval.
(1) Forest stand delineation. If a special exception or conditional use proposal is subject to the requirements of this Chapter, the applicant must submit a forest stand delineation to the Planning Director before the Board of Appeals may consider the application for the special exception. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.
(2) Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit a preliminary forest conservation plan to the Planning Director. The Board of Appeals must consider the preliminary forest conservation plan when approving the special exception or conditional use application and must not approve a special exception or conditional use application that conflicts with the preliminary forest conservation plan. A final forest conservation plan must be submitted before obtaining a sediment control permit, or at the time of preliminary plan of subdivision or site plan application, if required. The deadlines for reviewing a final forest conservation plan are the same as in paragraph (d)(2) of this Section.
(d) Project requiring a sediment control permit only.
(1) Forest stand delineation. If an application for a sediment control permit might be subject to the requirements of this Chapter, the applicable sediment control permit issuing authority must direct the applicant to the Planning Director for a determination. If the Planning Director finds the sediment control permit application to be subject to this Chapter, the applicant must submit a forest stand delineation to the Planning Director for review. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.
(2) Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit to the Planning Director a forest conservation plan. Within 45 days from receipt of the forest conservation plan, the Planning Director must notify the applicant if the forest conservation plan is complete and approved. If the applicant is not notified within 45 days, the plan will be treated as complete and approved. The Director may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances. In addition, at the request of the applicant, the Director may extend this deadline further for extenuating circumstances.
(3) Issuance of sediment control permit. A sediment control permit must not be issued to a person who must comply with this Article until a final forest conservation plan, if required, is approved.
(e) Project requiring mandatory referral or park development plan.
(1) Forest stand delineation. A person seeking mandatory referral or a park development plan for a project that is subject to the requirements of this Chapter must first submit a forest stand delineation to the Planning Director for review. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.
(2) Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit to the Planning Director a final forest conservation plan. The Planning Board must consider the final forest conservation plan when reviewing the mandatory referral application or the park development plan.
(3) Issuance of a sediment control permit. Issuance of a sediment control permit is subject to the conditions specified in paragraph (d)(3) of this Section.
(f) Project requiring sketch plan approval.
(1) Forest stand delineation. For any sketch plan application filed on or after November 14, 2017, the applicant must submit to the Planning Director, for approval, a forest stand delineation before the sketch plan application. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.
(2) Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit a preliminary forest conservation plan to the Planning Director with the first development application after approval of the sketch plan. The deadlines for reviewing a preliminary and final forest conservation plan are the same as in paragraphs (b)(2)(B) and (b)(2)(C) of this Section.
(g) Project requiring administrative subdivision approval.
(1) Forest stand delineation. The applicant must submit to the Planning Director a forest stand delineation before the administrative subdivision application. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.
(2) Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit a preliminary forest conservation plan to the Planning Director. The Planning Director must consider the preliminary forest conservation plan when approving the administrative subdivision application and must not approve an administrative subdivision application that conflicts with the preliminary forest conservation plan. A final forest conservation plan must be submitted and approved before obtaining a sediment control permit or record plat, whichever comes first. The deadlines for reviewing a final forest conservation plan are the same as in paragraph (d)(2) of this Section. If the Director defers the approval of an administrative subdivision to the Planning Board, the Planning Board must review and act on the preliminary forest conservation plan with the administrative subdivision plan. The deadlines for reviewing a final forest conservation are the same as in paragraph (b)(2)(C) of this Section. (1992 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1;
2001 L.M.C., ch 19
, § 1; 2002 L.M.C., ch. 16, § 2; 2014 L.M.C., ch. 25
, § 1; 2016 L.M.C., ch. 8, § 1; 2017 L.M.C., ch. 34, §1; 2021 L.M.C., ch. 1, § 1; 2023 L.M.C., ch. 6, §1.)
Editor's note—2001 L.M.C., ch. 19, § 2, reads as follows:
Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:
(a) a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or
(b) a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].
Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:
(a) a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or
(b) a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].