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Committee unanimously approves technical revisions to county forest conservation law
Summary
Montgomery County Transportation and Environment Committee voted unanimously to accept technical amendments to bill 18-25, aligning local code with state changes and restoring the prior definition of "tree" after public concern about a new 1-inch-caliper threshold.
Montgomery County Transportation and Environment Committee on Monday approved technical revisions to bill 18-25, the planning board's update to the county's forest conservation law, voting unanimously to accept an amendment that restores the previous legal definition of "tree."
The measure, introduced by Montgomery Planning to align county code with Senate Bill 526 (2023) changes to the Natural Resources Article of the Maryland Code and to clarify several local provisions, was discussed at length by staff and committee members before the amendments passed. Christina Sorrento, chief of the Environment and Climate Division with Montgomery Planning, told the committee the agency had used a 1-inch caliper as a working measurement for enforcement but was "completely fine with the amendment" to revert the definition.
Why it matters: The bill updates county code to reflect state law changes and clarifies provisions on tree-saving plans, afforestation for solar photovoltaic facilities, retention requirements and the reinstatement of forest mitigation banks. Public testimony had focused on how the bill defined a "tree," with agricultural stakeholders warning a 1-inch caliper definition could hamper normal farm maintenance.
Planning staff explained the change was intended to clarify how staff applies the definition after earlier consultation with Maryland Department of Natural Resources. Sorrento said, "this is the definition we've always used," and characterized the proposed 1-inch caliper as a practical starting point, not a new policy shift.
Councilmember Andrew Balcom (motion) and Councilmember Luedtke (second) offered an amendment to restore the previous code language and remove the 1-inch caliper measurement from the definition. Balcom said the amendment "just reverts back to what was already in the code and eliminates measuring at least 1 caliper out of the definition," citing testimony from farming and ag-preservation stakeholders. The committee voted to adopt that amendment unanimously.
Committee staff also proposed a technical amendment to consolidate newly added plan definitions into the county's expedited approval plan language (section 7.305 of chapter 59). The chair accepted that staff recommendation without objection; the revision replaces separate references to "bio health priority campus plan" and "mixed income community plan" with a single reference to "expedited approval plan."
After the amendments, the committee held a final vote on the legislation and recorded unanimous approval to advance the bill.
The committee recorded no changes to enforcement or penalties in this session; discussion focused on aligning language with state law, restoring prior local definitions where public testimony raised concerns, and streamlining plan references so future zoning-text-amendments need not repeatedly update chapter 22A.
The planning staff said the fiscal-impact, racial equity and social justice, and climate assessments all reported minimal or no impact from these technical changes.
Looking ahead: With the committee's unanimous backing, bill 18-25 will proceed through the council process with the accepted amendments. Planning staff and council members said they appreciated the public input that prompted the clarification and technical edits.
