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(a) Permission to gain access. Representatives authorized by the Planning Director may enter properties subject to this Chapter for the purpose of inspection, review, and enforcement.
(b) Plan to be on site; field markings. A copy of the approved forest conservation plan must be available on the site for inspection by representatives authorized by the Planning Director. Field markings must exist on site before and during installation of all protective devices, construction, or other land disturbing activities.
(c) Required inspections.
(1) The Planning Department must conduct the 7 field inspections specified in this subsection at each site.
(2) The Planning Director must inspect each site that is subject to an approved forest conservation plan:
(A) after the limits of disturbance have been staked and flagged, but before any clearing or grading begins;
(B) after necessary stress reduction measures have been completed and the protection measures have been installed, but before any clearing or grading begins;
(C) after all construction activities are completed, to determine the level of compliance with the approved plan;
(D) before any required reforestation and afforestation planting is started;
(E) after required reforestation and afforestation have been completed, to verify the planting is acceptable and begin the maintenance and management period;
(F) 2 years after reforestation and afforestation have been completed, to determine survival and assess necessary maintenance activities for the remaining duration of the maintenance and management period; and
(G) at the end of the maintenance and management period, to determine the level of compliance with the planting plan and, if appropriate, authorize release of financial security.
(3) The Planning Director must conduct inspections under subparagraphs (A) through (C) of paragraph (2) of this subsection for a confirmed exemption from submitting a forest conservation plan.
(4) The Planning Director must conduct inspections under subparagraphs (A) through (G) of paragraph (2) of this subsection for a plan approved under Section 22A-9.
(d) Other inspections. The Planning Director may authorize additional inspections or meetings as necessary to administer this Chapter, including an inspection to confirm a natural resource inventory and forest stand delineation.
(e) Scheduling requirements for forest conservation and tree save plan inspections. A person must request an inspection by the Planning Director at least 7 days before the required date of the inspection under subsection (c).
(f) Coordination. The Planning Department must coordinate its inspections, and any pre-construction conferences, with the Department of Permitting Services to avoid inconsistent activities relating to the forest conservation plan and sediment control reviews. (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; 2002 L.M.C., ch. 16, § 2; 2010 L.M.C., ch. 6, § 1; 2021 L.M.C., ch. 1, § 1.)
Editor’s note—See County Attorney Opinion dated 9/24/08 regarding enforcement of the forest conservation law.
2010 L.M.C., ch. 6, § 2, states in part: Applicability. (b) 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 even if the alleged violation on which the enforcement action is based was committed before this Act took effect.
(a) Class A violation. Any violation of this Chapter or any regulations adopted under it is a Class A civil violation. The maximum civil fine is $1,000. Each day a violation continues may be treated as a separate violation under this Chapter.
(b)
Enforcement authority.
The Planning Board has primary enforcement authority under this Chapter. The Board’s enforcement authority includes holding enforcement hearings, imposing administrative civil penalties, ordering corrective actions, ordering the payment of civil fines, ordering compliance with corrective action orders, and any other action authorized by law. The Planning Director may initiate an administrative enforcement action under this Article.
(1) a forest conservation plan and any associated agreement or restriction, including any easement; or
(2) an administrative order.
These remedies are in addition to any remedy that the Board or the County may initiate under state or County law to enforce the terms of a regulatory approval which incorporates a forest conservation plan.
(d)
Administrative civil penalty.
(1) In addition to any other remedy under this Article, a person who violates this Chapter, any regulation adopted under it, a forest conservation plan, or any associated agreement or restriction, including any easement, is liable for an administrative civil penalty imposed by the Planning Board. This administrative civil penalty must not exceed the rate set by the County Council by law or resolution, except as provided in paragraph (3), but must not be less than the amount specified in Section 5-1608(c) of the Natural Resources Article of the Maryland Code. Each day a violation is not corrected is a separate violation.
(2) In determining the amount of the administrative civil penalty, or the extent of an administrative order issued by the Planning Director under Section 22A-17, the Planning Board or Planning Director must consider:
(A) the willfulness of the violations;
(B) the damage or injury to tree resources;
(C) the cost of corrective action or restoration;
(D) any adverse impact on water quality;
(E) the extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator;
(F) any economic benefit that accrued to the violator or any other person as a result of the violation; and
(G) any other relevant factors.
The Board or Director may treat any forest clearing in a stream buffer, wetland, or special protection area as creating a rebuttable presumption that the clearing had an adverse impact on water quality.
(3) In addition to any amount set under paragraph (1), an administrative civil penalty imposed under this Section may also include an amount that equals the fair market value of any conservation easement needed to enforce any mitigation or restoration requirement under this Chapter in the area of the violation. The Planning Board may specify the acceptable methods of calculating the fair market value of a conservation easement by a regulation adopted under Section 22A-26(a).
(4) The Planning Board must include the reasons for imposing an administrative civil penalty in its resolution adopting the administrative order.
(e) Enforcement Notices. The Planning Director may issue one or more of the following notices to enforce any provision of this Chapter. The issuance of a notice under this subsection does not require the previous issuance of any other notice.
(1) Notice of Violation.
(A) The Director may issue a notice of violation to a person who the Director believes has violated or is violating this Chapter. The Director must retain a copy of each notice.
(B) A notice of violation issued under this Article must be served on the alleged violator personally, on the alleged violator’s agent at the activity site, or by certified mail to the alleged violator’s last known address.
(C) The notice of violation must contain at least the following information:
(i) the name and address of the person charged with a violation;
(ii) the nature of the violation;
(iii) the place where and the approximate date when the violation occurred;
(iv) a statement advising the recipient of the corrective or remedial action to be taken, which may include a meeting with Planning staff to develop a compliance plan, and the date by which any corrective or remedial action must be completed; and
(v) a statement advising the recipient of the right to a hearing before the Planning Board or the Board’s designee.
(2) Administrative Citation.
(A) The Director may issue an administrative citation to a person who the Director believes has violated or is violating this Chapter. The Director may use any citation consistent with this Section, including the State of Maryland Uniform Civil Citation form. The Director must certify the truth of the allegations in the citation. The Director must retain a copy of each citation.
(B) An administrative citation issued under this Article must be served on the alleged violator personally, on the alleged violator’s agent at the activity site, or by certified mail to the alleged violator’s last known address.
(C) The administrative citation must contain at least the following information:
(i) the name and address of the person charged with a violation;
(ii) the nature of the violation;
(iii) the place where and the approximate date when the violation occurred;
(iv) the amount of the fine assessed;
(v) how, when, where, and to whom the fine may be paid; and
(vi) a statement advising the recipient of the right to a hearing before the Planning Board or the Board’s designee.
(3) Notice of Hearing.
(A) The Director may issue an administrative notice which informs an alleged violator of an enforcement hearing to be held by the Planning Board or the Board’s designee to address an alleged violation.
(B) A notice of hearing issued under this Article must be served on the alleged violator personally, on the alleged violator’s agent at the activity site, or by certified mail to the alleged violator’s last known address.
(C) The notice of hearing must contain at least the following information:
(i) the name and address of the person charged with a violation;
(ii) the nature of the violation;
(iii) the place where and the approximate date when the violation occurred; and
(iv) a statement advising the recipient of the date, time, and location of the hearing.
(f) Fund. Money collected under this Section must be deposited into the forest conservation fund. (1992 L.M.C., ch. 4, § 1; 2001 L.M.C., ch 19, § 1, 2005 L.M.C., ch. 32, § 1; 2006 L.M.C., ch. 33, § 1; 2010 L.M.C., ch. 6, § 1; 2013 L.M.C., ch. 23, § 1; 2018 L.M.C., ch. 27, § 1.)
Editor’s note—See County Attorney Opinion dated 9/24/08 regarding enforcement of the forest conservation law.
2013 L.M.C., ch. 23, § 2, states in part: (b) Any amendment to County Code Chapter 22A made by Section 1 of this Act applies to any enforcement action that the Planning Board takes after this Act takes effect, regardless of whether the alleged violation to which the enforcement action applies was committed before or after this Act took effect.
2010 L.M.C., ch. 6, § 2, states in part: Applicability. (b) 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 even if the alleged violation on which the enforcement action is based was committed before this Act took effect.
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].
(a) Administrative order. At any time, including during an enforcement action, the Planning Director may issue an administrative order requiring the violator to take one or more of the following actions within a certain time period specified by the Planning Director:
(1) stop the violation;
(2) stabilize the site to comply with a reforestation plan;
(3) stop all work at the site;
(4) restore or reforest unlawfully cleared areas;
(5) submit a restoration plan or forest conservation plan for the property;
(6) place forested or reforested land under long-term protection by a conservation easement, deed restriction, covenant, or other appropriate legal instrument; or
(7) submit a written report or plan concerning the violation.
(b) Effectiveness of order. An order issued under this Section is effective according to its terms, when it is served. (1992 L.M.C., ch. 4, § 1; 2001 L.M.C., ch 19, § 1; 2010 L.M.C., ch. 6, § 1; 2021 L.M.C., ch. 1, § 1.)
Editor’s note—2010 L.M.C., ch. 6, § 2, states in part: Applicability. (b) 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 even if the alleged violation on which the enforcement action is based was committed before this Act took effect.
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].
Grounds for action. After notice to the violator and opportunity for a hearing has been provided under Section 22A-20(d), the Planning Board may suspend or revoke a forest conservation plan if it determines that any of the following has occurred:
(a) failure of a violator to post or maintain the financial security instrument required under Subsection 22A-12;
(b) failure to comply with the requirements of an administrative action or order issued under this Chapter;
(c) misrepresentation in the application process or failure to disclose a relevant or material fact; or
(d) violation of a requirement of a forest conservation plan or associated legal instrument. (1992 L.M.C., ch. 4, § 1)
(a) Determination of noncompliance. A person who receives an exemption subject to a declaration of intent or for commercial logging and timber harvesting operations is in noncompliance if:
(1) within 5 years, an application for a development or other approval regulated by this Chapter is submitted for the tract or lot covered by the exemption; or
(2) the person otherwise violates this Chapter or the declaration of intent.
(b) Penalties for noncompliance. In addition to any other remedy under this Chapter, the Planning Board may require a person in noncompliance to:
(1) prepare, submit, and implement a forest conservation plan;
(2) pay an administrative civil penalty under Section 22A-16(d) for the area of forest cut or cleared under the exemption; or
(3) both. (1992 L.M.C., ch. 4, § 1; 2010 L.M.C., ch. 6, § 1.)
(a) General. Except as provided under subsections (c) and (d) of this Section, the requirements for notice, public hearing, and administrative decision-making for the associated development approval must be followed when reviewing a forest stand delineation or forest conservation plan.
(b)
Forest conservation plans and variances approved by the Planning Board.
A person aggrieved by the decision of the Planning Board on the approval, denial, or modification of a forest conservation plan (including a request for a variance) may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.
(c) Forest stand delineations, exemptions from Article II, and forest conservation plans reviewed by the Planning Director.
(1) Appeal to Planning Board. After the Planning Director issues a written decision on a natural resource inventory/forest stand delineation, exemption from Article II, or forest conservation plan, an applicant may appeal the decision to the Planning Board within 30 days.
(2) Hearing; decision. The Planning Board must hold a de novo hearing on the appeal. The Board must adopt a written resolution explaining its decision. For purposes of judicial review, the decision of the Planning Board is the final agency action.
(3) Appeal. After receiving the Planning Board’s decision, an applicant may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.
(d) Administrative enforcement process.
(1) Notice. A citation, notice of violation, or other administrative notice issued by the Planning Director under Section 22A-16(e) or an order issued under Section 22A-17 must give the recipient the right to request, within 15 days after receiving the notice, a hearing before the Planning Board or the Board’s designee.
(2) Hearing.
(A) If the recipient of a notice or order requests an opportunity for a hearing, the Board or its designee must promptly schedule a hearing unless the recipient consents to a delay. The filing of a request for a hearing does not stay an administrative order to stop work, stabilized a site, or stop a violation.
(B) If the Planning Board or the Board’s designee holds a hearing under this Article, the Board or its designee must issue a notice of the hearing date.
(C) The Planning Board may designate a hearing officer, including a Hearing Examiner from the Office of Zoning and Administrative Hearings, to conduct a hearing and submit a report and recommendation on any alleged violation of this Chapter. The hearing officer must submit the required report and recommendation to the Board not later than 30 days after the hearing record closes. The hearing officer may extend the time to file the report by notifying all parties.
(3) Decision. The Planning Board must inform the recipient in writing of its decision on an administrative enforcement action. The Board's decision is the final agency action for all purposes.
(4) Appeal. After receiving the Planning Board’s decision, an aggrieved person may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals. (1992 L.M.C., ch. 4, § 1; 2010 L.M.C., ch. 6, § 1; 2013 L.M.C., ch. 23, § 1; 2014 L.M.C., ch. 25, § 1.)
Editor’s note—2013 L.M.C., ch. 23, § 2, states: (a) The Council declares that this legislation is necessary for the immediate protection of the public interest. This Act takes effect on the date when it becomes law. (b) Any amendment to County Code Chapter 22A made by Section 1 of this Act applies to any enforcement action that the Planning Board takes after this Act takes effect, regardless of whether the alleged violation to which the enforcement action applies was committed before or after this Act took effect.
2010 L.M.C., ch. 6, § 2, states in part: Applicability. (b) 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 even if the alleged violation on which the enforcement action is based was committed before this Act took effect.
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