Rockville Council adopts stronger tree ordinance, requires 80% native plantings and adds off-site planting option

The Rockville Mayor and Council on Jan. 12 adopted amendments to Chapter 10.5 of the Rockville City Code (the Forest and Tree Preservation Ordinance), approving a package of changes city staff said aligns the code with state law and increases local protections for tree canopy.

City planner Sean Ryan, presenting staff's recommended motion, said the draft updates were prompted by the Maryland Forest Preservation and Retention Act (Senate Bill 526) and a multi-step review with the Maryland Department of Natural Resources. "At least 80% of trees planted to meet forest conservation requirements must be native species," Ryan told the council when summarizing the proposed native-species requirement.

The ordinance adds several substantive provisions: an off-site planting mitigation option that allows developers to secure reforestation on properties elsewhere within Rockville city limits (subject to a forest conservation plan and conservation easement); a requirement that, to the extent possible, plantings use a diversity of tree species; retitling the administering role from "code administrator" to "forestry official" and requiring that person to be a qualified professional; and an extension of the public-notice period from the state minimum of 20 days to 30 days for priority-retention forest removal notices.

Ryan described the MDNR review timeline in detail: staff submitted proposed amendments to MDNR on June 20, 2025, received comments on Sept. 29, 2025, resubmitted amendments on Oct. 20, 2025, and received MDNR confirmation later that month that the ordinance complied with state law.

Council members pressed staff on several implementation points during a line-by-line discussion. Council Member Valeri asked where the native-tree definition would be published; staff replied that the forest conservation manual will be updated to include a Mid-Atlantic native-tree list drawn from MDNR, the Maryland Department of Agriculture and iNaturalist. Valeri cautioned the single phrase "native to the Mid-Atlantic region" is "technically accurate, not specific enough," urging staff to use established ecoregion definitions in the manual.

On enforcement and post-planting oversight, staff said warranty and maintenance agreements will include two inspections per year over the five-year warranty period and a perpetual forest conservation easement after the warranty period. "We do require two inspections per year," Ryan said, and noted that sites that fail inspection must correct deficiencies and be reinspected.

The council adopted the amended ordinance at Attachment 1 to the staff report after a motion from Councilman Van Grama and a second from Council member Jackson. The mayor called for ayes; the council recorded one recorded dissent by Council Member Valeri, and the motion carried.

With adoption, staff said the amended FTPO would take effect immediately; staff will publicize changes via the city website and Rockville Reports and will update the forest conservation manual, which will be maintained administratively.

Council members also directed staff to return with additional detail about how the manual will define native species and to explore whether incentives for planting above the 80% threshold could be structured without reducing state- or city-required protections. The council did not adopt additional fee or incentive language at the meeting.

The ordinance and related materials are available in the staff packet; staff told the council they will provide a written summary of manual updates to future mayor and councils as the implementation proceeds.