Planning Commission backs repeal and replacement of Chapter 22 to align with state forest rules

Nancy Shum, the city's Environmental Services Division Chief, presented a proposal on March 4 to repeal and replace Chapter 22 of the Gaithersburg code to align the city's tree and forest conservation rules with recent State Forest Conservation Act updates.

Shum said the draft includes multiple definitional changes to make the code and the city tree manual consistent. She described the specimen-tree definition as a focal point: the city tree manual designates specimen trees at 24 inches; the existing city code referenced 30 inches while the state standard is 31 inches. "So we're gonna see 24," Shum said, explaining the intent is to avoid confusion between manual and code.

Shum also described changes to mitigation requirements. Under the proposed replacement, mitigation and reforestation ratios would be adjusted in light of the state's new priority urban forest mapping and to reduce barriers to housing development in the city's priority funding areas. Staff explained some replacement ratios would drop from the current 2:1 to about 1.5:1 in certain categories and noted reforestation can also be expressed as a percent-of-area requirement in some scenarios.

Commissioners raised concerns about protecting the city's long-standing greening efforts and about practical effects on affordable housing projects. One commissioner suggested the city explore urban timber reclamation for high-value specimen trees removed during development rather than chipping and landfilling the material; staff said they would consider such guidance for the forthcoming tree manual update.

Staff told commissioners the draft has cleared legal review and advisory committee review and asked the commission to recommend introduction and approval; the commission moved and voted unanimously to recommend repeal-and-replace of Chapter 22 to the mayor and city council for public hearing and final action.