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Committee expresses concern after amendment would make county liable for critical-area tree violations
Summary
Committee members asked staff to send a letter of concern after discussion of an amended Chesapeake and Atlantic Coastal Bays Critical Area bill that could require the county to reimburse new property owners for restorations if a prior owner cut protected trees without a recorded lien.
Committee members asked county staff to draft a letter of concern about an amended Chesapeake and Atlantic Coastal Bays Critical Area bill (referenced in discussion as House Bill 1477 / BG113) after staff said the latest amendment would allow the Department of Permitting, Inspections and Enforcement (DPIE) to record a lien and make the county potentially responsible for reimbursing purchasers when a lien was not recorded.
What the committee heard: committee consultants and county staff described the bill—s recent amendment that requires a properly recorded lien on a property with an unpermitted clearing in the Chesapeake Bay critical area for a local jurisdiction to pursue remedies against a subsequent purchaser. County staff said the amendment would make the county liable to reimburse a new property owner who purchased in good faith if no lien had been recorded. "This bill would make the county liable, to reimburse this property owner somewhere around a hundred thousand dollars to put the trees back in," a county representative said.
Why it matters: staff explained the amendment was aimed at a particular property and owner where trees had been cut on critical-area land prior to a sale; in that case DPIE had worked with the new owner and waived fees while they sought a permit. The committee expressed concern that the amendment could shift significant cost and liability to the county, and that county remedies against the prior owner should be preserved.
Committee action: Vice Chair Wanika Fisher moved that the county ask staff to prepare a letter of concern regarding the bill and its amended language; the motion passed 3-0 (Chair Calvin Hawkins, Vice Chair Wanika Fisher, Council member Oriada voting aye). The committee asked staff to engage the sponsor and both House and Senate delegation members to discuss the county's concerns.
Ending: County staff said they would draft and send a letter of concern to state lawmakers outlining the county's legal and fiscal concerns with the amendment.
