2007 staff''s recommendations
Forest Conservation Law
Planning staff is working to update the current Forest Conservation Law, largely unchanged since 2001, to make it easier for property owners to know whether they are subject to the law and what is required of them.
The proposed changes to the law will go before the Planning Board for review, then the Board’s recommendation will be sent to the County Council for potential adoption later this year.
View staff’s 2007 recommendations.
Since 1992, when Maryland passed a statewide Forest Conservation Act, Montgomery County has had rules to conserve forests and trees.
The current law requires anyone submitting a plan for development – or property owners planning to build new structures – to first conduct a natural resources inventory of their site. Staff may then require developers to craft tree and forest protection strategies.
The Forest Conservation Law requires builders to protect forests on site, particularly in environmentally sensitive areas and, often, to create new forests under the guidance of the county’s Environmental Planning staff. The law applies countywide, although not in incorporated cities such as Rockville, Gaithersburg, Poolesville and Laytonsville, which have their own forest conservation requirements.
Forest conservation plans go before the county Planning Board as part of a subdivision or development review, then staff approves a final forest conservation plan spelling out tree species, protection measures, and conservation easements. M-NCPPC inspectors go on site for pre- and post-construction meetings to ensure that the builder honors the limits disturbance to protect the remaining trees.
What may be different?
Staff proposes that the 2007 version of the Forest Conservation Law clarify which property owners are affected by the law. Planners also want to spell out the requirements for different land uses — such as conducting inventories of natural resources, preparing tree surveys, tree protection plans and forest conservation plans. At a glance, property owners would be able to learn what percentage of forest they would need to protect, depending on their zone.
In keeping with the Planning Department’s interest in enhancing the county’s green infrastructure. The 2007 version may go further than the existing law by requiring that more forest be protected or planted.
The 2007 Forest Conservation Law also will detail submission requirements for property owners and may include information about how the county plans to enforce forest conservation.
When the County Council approves a new law, planning staff will amend the Forest Conservation Regulation and the Trees Technical Manual to update the rules for developers.
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Montgomery County Planning Department