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Committee holds revisions to Woodland and Wildlife Habitat Conservation Ordinance after split testimony

Transportation, Infrastructure, Energy and Environment Committee · September 26, 2024
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Summary

Planning staff proposed clarifications and a limited extension for exemption letters in CB-77-2024; environmental groups urged tight grandfathering while developers and institutions warned of cost and feasibility concerns. The committee voted 3-0 to hold the bill for further stakeholder work.

County planning staff presented CB-77-2024 to clarify validity, grandfathering and notice requirements for the county's Woodland and Wildlife Habitat Conservation Ordinance. Staff said the bill implements prior Council direction after CB-20 and proposed definitions to allow projects that have shown implementation progress (grading permit, pre-construction meeting, tree-protection devices installed) to vest under earlier approvals.

Planning staff described an amendment to extend the validity of certain exemption letters to June 30, 2026, for exemptions that were valid as of July 1, 2024, and reiterated that grandfathering would generally allow implementation to continue unless an entitlement expires or there is a major revision. The planning presentation cited state Forest Conservation Act updates and noted the bill also expands public-notice requirements and the threshold for verbal comment on certain clearing proposals.

Public testimony split along predictable lines. Attorneys and project sponsors urged the committee to extend some exemptions and avoid catching in-progress projects in mid-stream; Thomas Haller, representing clients including Heart Church Ministries, said the proposed amendment "would extend those exemptions that were valid as of July 1... to 06/30/2026" and expressed support for that fix. By contrast, the Prince George's County Sierra Club called for limiting grandfathering and urged fixed-area thresholds to prevent larger projects from using percentage-based triggers to avoid new protections.

Several speakers raised affordability and redevelopment concerns: Kevin Somock of Saint Jerome Academy said the new requirements could add "tens of thousands of dollars in cost" to a school expansion if exemptions are not restored. The Department of the Environment warned the amendments could delay canopy and climate goals, weaken the county's no-loss protections and create incentives to clear trees before permits lapse.

After questions and agency comment, a committee member moved to hold CB-77 for further stakeholder and agency work; the clerk recorded a 3-0 vote to hold the bill until the committee's Oct. 10 meeting.