Queen Anne's County planners outline local response to Maryland's Forest Conservation Act changes

Queen Anne's County planning staff told the planning commission that recent state legislation will require the county to update its local forest conservation ordinance and that staff will present a draft plan to the commission next month ahead of a July 1, 2026 state implementation deadline.

The presentation opened with findings from a high-resolution inventory produced in partnership with the Chesapeake Conservancy, the Maryland College of Agriculture and Natural Resources, and the University of Vermont Spatial Analysis Lab. Staff said the inventory showed roughly 19,000 acres of forest loss across the state from 2013 to 2018 and helped drive a policy shift at the state level from "no net forest loss" toward "net forest gain."

The county briefing summarized how the state's changes (Senate Bill 526, signed May 8, 2023, and House Bill 1511, signed May 9, 2024) amend Maryland Natural Resources Title 5 (forest and parks, subtitle 16, 5-161 through 5-1612). Staff said the local code (chapter 18-182) will be repealed and replaced to conform with the state statute.

Doug, a county presenter, outlined core elements staff proposes to adopt locally. He said the development triggers for the Forest Conservation Program remain the same (major and minor subdivisions, site plans, grading permits and sediment-control permits on land greater than 40,000 square feet) but described several substantive changes: some projects are newly exempt (stormwater management, stream restoration and certain large federal facilities); solar installations are exempt from afforestation but must meet on-site reforestation standards; intrafamily transfer exemptions have been narrowed to transfers from owner to child with a maximum clearing of 20,000 square feet; and the reforestation rate is now "one to one." He also said riparian buffer restoration is required and that applicants must focus mitigation planning on priority areas and provide narratives if cutting in those areas. Adjacent-property notification and an opportunity for written comment are required if cutting occurs in priority zones.

Staff also described expanded field procedures and mitigation options, including three levels of forest delineation (simple, intermediate and full) and reduced mitigation rates in specific contexts such as transit-oriented multifamily development and growth-area projects. "There's an opportunity for judicial review now if an individual petitions the state," staff added.

The commission pressed staff on how the rules apply to timber operations; staff said commercial timber harvest remains governed by separate provisions and was not substantially changed by the recent amendments. On planting standards, staff said afforestation on site typically has thresholds (often 15 to 20 percent depending on land use) and that native species are preferred though not strictly mandated in code. Rob Gunter, a county planner, said the county can in some cases count a proposed landscaping area toward mitigation if it meets size and design requirements.

Staff described the county's fee-in-lieu practice and limits. The presentation noted the county generally accepts fee-in-lieu only in growth areas and has used funds slowly (staff cited an ongoing project at the county Y). Staff gave current rates of 30 cents per square foot in growth areas and 36 cents per square foot outside growth areas and said state rules limit how the county may spend those funds (planting trees, maintaining existing forest or buying land for mitigation). The county has developed new calculation worksheets, checklists and GIS mapping to track easements and canopy projects and is considering an adjustment to fees to ensure the county can meet mandated canopy requirements without future liabilities.

Amy Morta, the planning director, commended staff for completing the update while the state model ordinance has not yet been published and noted the county's new forester, Greg Gisimman. "I just want to publicly commend staff for its hard work on this forest conservation update," Morta said, adding that the county aimed to be among the first to update its code to align with state requirements.

Next steps: staff expects to present a formal draft to the planning commission next month, then send a recommended ordinance to the county commissioners for approval so the county can meet the state's July 1, 2026 deadline. Staff also plans outreach through QACV, e-mail notices and website updates for residents, engineers, surveyors and developers.