Montgomery County’s Forest Conservation Law (last updated April 3, 2023), which is based on Maryland’s Forest Conservation Act, aims to protect, plant, and maintain trees and forests for the many benefits they provide to county residents. The latest version of the Forest Conservation Law includes amendments intended to achieve no net loss of forest in Montgomery County.
The Forest Conservation Law applies to some property owners, government entities, and developers who need approval for a development plan, sediment control permit, or activity that could potentially harm a champion tree. Certain projects may qualify for an exemption from the requirements of preparing, submitting and implementing a Forest Conservation Plan. To find out whether the Forest Conservation Law applies to you, check out the General Decision Tree or Single Lot Decision Tree, and learn more about the different plan types.
Anyone subject to the Forest Conservation Law must meet a calculated forest retention or forest planting requirement. This requirement is met through planting or protecting forests with forest conservation easements, purchasing credits from one of the county’s forest mitigation banks, or contributing to the county’s Forest Conservation Fund.
Since the Forest Conservation Law first went into effect in 1992, the Planning Department has approved development applications that have permanently protected over 12,500 acres of existing forest and more than 2,500 acres of planted forests within more than 3,500 forest conservation easements across Montgomery County.
If you witness a potential forest conservation easement violation, such as permanent structures, mowing, grading, paving, construction, or tree removal, you can report a violation to our inspection team.
Frequently Asked Questions
The County’s Forest Conservation Law is based on the State of Maryland’s Forest Conservation Act (enabling legislation) and must be at least as strict as this state law.
Owners of properties greater than 40,000 square feet who are required to submit a development application, a conditional use (special exception) application, or obtain a sediment control permit; any project that would threaten any champion tree; highway construction projects; and public utilities; must comply with the County’s Forest Conservation Law. Depending on the type of project and/or amount of forest proposed to be removed, the applicant may qualify for an exemption from submitting a Forest Conservation Plan.
No. The Forest Conservation Law only applies to properties that meet the above requirements for size and application type. Additionally, State or federal projects that propose removal of forest are not subject to the County’s Forest Conservation Law but may be subject to the State of Maryland’s Forest Conservation Act. The Montgomery County Planning Department also does not implement the County’s Forest Conservation Law in certain municipalities, including Rockville, Gaithersburg, Poolesville, Laytonsville, Washington Grove, and Barnesville.
Every project that is required to submit a Forest Conservation Plan for review will have a different forest mitigation requirement, depending on the total tract area, area of existing forest cover, area of forest to be cleared, and land use category.
For example, a development project on a 16-acre property with a land use category of medium-density residential and 8 acres of existing forest that proposes to clear all 8 acres would have a forest mitigation requirement of 9 acres. If the same project were proposed on property with a land use category of agricultural and resource areas, the project would have a forest mitigation requirement of 16 acres.
Since July 1, 1993, 4,417 acres of forest have been cleared by projects subject to the County’s Forest Conservation Law.
Since July 1, 1993, 12,767 acres of forest have been permanently protected by forest conservation easements by projects subject to the County’s Forest Conservation Law and through the forest mitigation bank program. This does not include forest planted to meet forest mitigation requirements; planted forest is also required to be protected by a forest conservation easement.
Since July 1, 1993, 2,807 acres of forest have been planted by projects subject to the County’s Forest Conservation Law, by fee-in-lieu, and through the forest mitigation bank program. Planted forest is also required to be protected by a forest conservation easement.
$1.45 per square foot (forest mitigation is required in terms of acres or square feet).
A fee-in-lieu payment can only be made with the approval of Montgomery County Planning Department staff if the following are not feasible:
- On-site afforestation or reforestation
- Off-site afforestation or reforestation
- Enhancement of existing forest
- Purchase of credits from a forest mitigation bank in the County (unless the mitigation requirement is less than 0.5 acre)
The Forest Conservation Fund is used to plant forest (and maintain planted forest) through the programs of Reforest Montgomery. Projects subject to the County’s Forest Conservation Law have contributed funds equal to 42 acres of reforestation through inlieu fee contributions to date. The Montgomery County Planning Department has reforested 59 acres with the Forest Conservation Fund to date.
No.
Staff Contact
Mia Rothberg
301-495-4614
Email