Council Chair Files Two “Big Tree” Bills (CB56 and CB57)
Ellicott City, MD (July 15, 2021) – On July 6, 2021, Council Chair Liz Walsh introduced two bills aimed at better protecting the trees, woodlands and forest we still have in Howard County and better deterring their continued unlawful destruction:
CB56 actually, finally defines highest-conservation-priority “specimen” trees to include trees with a diameter of 75% or more of the diameter of the current state or county champion tree, whichever is smaller. As is, what biggest trees get identified to the County’s Department of Planning and Zoning as part of the development process defaults simply to a rote measure of diameter. As is, that measure is 30” in diameter, four-and-one-half-feet above ground, or about 94” in circumference. Meaning, for example, the County champion Colorado Spruce at St. John’s Episcopal Church in Ellicott City, the County champion Japanese Umbrella Pine in Clarksville or the County champion European White Birch in Wilde Lake Park in Columbia — per this State-wide list of “big trees” —would never be accounted for. None are at least 30” in diameter; none would be identified on the ubiquitous lists of the latest subdivision’s biggest trees “TBR” (to be removed); and, therefore, no permission even would be asked of DPZ to clear them. Among the best version of a County-specific “champion tree” list our office can find, only one of those State-listed big trees’ qualifying information is identified at all. These oldest, biggest trees vanish nearly every time new development builds in. And they will continue to vanish, just as so many of our County’s other big trees have already, irreplaceable even over our children’s lifetimes.
CB56 also aims to add a five-year look-back provision to forest conservation similar to what already applies by law to protect this County’s cemeteries. The onus is placed on the subdivision applicant, and its licensed forestor, landscape architect, or arborist making the representations to DPZ as to the quality and quantity of on-site forest resources, to identify any known or probable clearing within the last five years. If so, the property shall be subject to forest conservation regulation and plan approval processes as though such trees, woodlands and forest still stood.
CB57 clarifies and enhances the array of penalties available to the Department of Planning and Zoning in the face of willful or repeated non-compliance with our forest conservation laws. This District 1 office has seen first-hand what little is and can be done given existing options, most recently on the site of the old Sheppard Pratt hospital in the hills above old Ellicott City, on College Avenue, the last future phase in the sprawling hundreds-big acreage of so-called Taylor Village. After a number of constituent complaints of large-scale clearing, we were able to get a Department of Planning and Zoning inspector on site who confirmed what worried neighbors already knew: a number of big trees subject to approved waiver requests (1 and 2) had been cut down before final plans had issued.
Per existing law, the County issued a stop-work order, assessed a de minimis fine and required some measure of replacement planting that could not begin to make up for what had been destroyed.
What’s proposed to be changed in the enforcement provisions of the County’s forest conservation law will affect a better, stronger deterrent. Most importantly, the Department of Planning and Zoning will be empowered to revoke any approved forest conservation plan and suspend processing of any other plans submitted by or on behalf of a property owner who willfully or repeatedly violates forest conservation law. Additionally, monetary penalties are confirmed to be calculated per inch circumference tree unlawfully removed and per day any violations continue unabated.
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