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Gaithersburg introduces ordinance to update tree and forest conservation rules to match state law
Summary
Council introduced an ordinance to repeal and replace Chapter 22 (Trees and Forest Conservation) to align definitions and mitigation requirements with updates to Maryland's Forest Conservation Act; key changes include aligning specimen-tree diameter to 24 inches and adjusted mitigation ratios. Public hearing set for May 4.
City environmental staff introduced an ordinance April 6 to repeal and replace Chapter 22 of the Gaithersburg City Code (Trees and Forest Conservation), updating local rules to align with the state's revised Forest Conservation Act and the city tree manual.
Environmental Services Division Chief Nancy Sham summarized the principal changes: redefine "specimen tree" to match the tree manual at 24 inches diameter (removing a prior mismatch where the code referenced a larger diameter), require a tree-removal variance for trees 24 inches or greater, and revise mitigation requirements using the state's priority urban forest mapping. Sham said the amendments include clarification language and changes that will be reflected in an updated tree manual.
As examples, staff explained mitigation ratios vary by land type: in certain priority forest-retention areas, developers may be required to provide 1.5 trees for each tree removed; medium- and low-density residential areas would largely see one-for-one replacements; linear projects and transit corridors have different ratios; and affordable-housing development in priority funding areas carries a lower mitigation requirement. Planning and legal staff coordinated the update, and the planning commission reviewed the draft prior to council introduction.
Council voted to introduce the ordinance for public notice, and the public hearing was scheduled for May 4. Staff said the changes are primarily compliance and clarification rather than a new policy departure from state law.
