§ 19-71. Tree Protection.

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  • (a)   If any clearing, construction, or development allowed by any permit issued by the Department of Permitting Services under this Chapter would result in the trimming, cutting, removal, or injury of any roadside tree (as defined in Section 49-35 ) or any tree located in a State right-of-way in the County, the Director must not issue that permit until:

    (1)   the applicant obtains a roadside tree care permit as necessary from the State Department of Natural Resources; and

    (2)   the applicant has submitted, in connection with the permit applied for under this Chapter, and the Director has approved, a site-specific tree protection plan that meets the requirements of Section 49-36A (d), unless the applicant is engaged in an activity described in Section 49-36A (b)(2).

    (b)   The Department must approve or reject each proposed tree protection plan within 30 days after receiving it. If the Department does not act on a proposed plan within 30 days, the plan is approved by default. The Department may require further information after a proposed plan is submitted, and may extend this deadline once for an additional 15 days to receive any needed information. The Department also may extend this deadline at the request of the applicant.

    (c)   The County Executive may adopt regulations under Method (2) to specify standards and practices needed to protect and maintain roadside trees, including construction practices needed to prevent or minimize damage to roadside trees, under this Section. These regulations must be at least as stringent as applicable state roadside tree care standards and requirements.  (2013 L.M.C., ch. 22, § 1.)

    Editor’s note—2013 L.M.C., ch. 22, § 2, states:  Effective Date.  This Act takes effect on March 1, 2014, and applies to any permit applied for under Chapter 8, Chapter 19, or Section 49-35 on or after that date.