October 1, 2009: No Net Loss of Forest Policy - Forest Conservation Act Goes Into Effect

Posted on October 1, 2009 by Megan Reuwer

Maryland SB 666: Natural Resources – No Net Loss of Forest Policy – Forest Conservation Act (codified at Md. Ann. Code Natural Resources Article 5-104; 5-1602 et seq.) takes effect today, October 1, 2009.

This bill will have an impact on Maryland builders, developers, and homeowners in a number of ways:

  1. Cooperation with Shareholder groups: The bill requires the Department of Natural Resources to cooperate with forestry-related shareholder groups to determine the meaning of no net loss of forests for state policy purposes and to develop proposals for the creation of a policy of no net loss of forest in the state. The Department of Natural Resources is to report on these proposals on or before December 1, 2011. (Md. Ann. Code Natural Resources Article 5-104).
  2. Decrease exemption from Forest Conservation Plan requirement from 40,000 square feet to 20,000 square feet: Under previous law (Md. Ann. Code Natural Resources Article 5-1602(b)(7)(i)), a person with a recorded single lot was able to remove up to 40,000 square feet of forest without having to submit a Forest Conservation Plan. Effective today, October 1, 2009, a person with a single recorded lot is only allowed to remove up to 20,000 square feet of forest without a Forest Conservation Plan.
  3. No change to Forest Stand Delineation requirements: A person making an application for subdivision or grading or sediment control permits still needs to submit a forest stand delineation for the entire site if the area is greater than 40,000 square feet. (Md. Ann. Code Natural Resources Article 5-1604(a)).
  4. Variance required for certain priority trees, shrubs, plants and specific areas: The applicant must demonstrate that she qualifies for a variance under Md. Ann. Code Natural Resources Article 5-1611 in order to disturb (i) trees, shrubs, or plants identified on the list of rare, threatened, and endangered species of the U.S. Fish and Wildlife Service or the Department; (ii) trees that are part of a historic site or associated with a historic structure or designated by the Department or local authority as a national, State, or local Champion Tree; and (iii) Trees having a diameter measured at 4.5 feet above the ground of (a) 30 inches; or (b) 75% of the diameter, measured at 4.5 feet above the ground, of the current State Champion Tree of that species as designated by the Department. (Md. Ann. Code Natural Resources Article 5-1607(c)(2)). Previously, this section required a demonstration that reasonable efforts had been made to protect these priority trees, shrubs, plants, and locations and that the plan could not be reasonably altered.  The requirement for a variance requires that the applicant meet a higher standard of review.

These are some pretty significant changes. Any thoughts on how they might specifically impact you?

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