Montgomery County requires tree replacement or mitigation when trees are removed under Chapter 22A Forest Conservation Law. Replacement ratios depend on the type of forest removed. Payment into the Forest Conservation Fund is an alternative to on-site planting.
Chapter 22A of the Montgomery County Code establishes detailed tree and forest replacement requirements. When forest is removed under an approved forest conservation plan, the applicant must plant replacement trees or preserve additional forest. Standard mitigation ratios require planting one-quarter acre of new forest for every acre of forest retained that is disturbed, and one acre of new forest for every acre removed from areas not designated for retention. Specimen tree removal triggers enhanced mitigation, often requiring planting multiple replacement trees per specimen removed or paying into the Forest Conservation Fund at a rate per square foot of tree canopy lost. The Forest Conservation Fund, managed by M-NCPPC, finances tree planting projects throughout the county. Replacement trees must meet minimum caliper size requirements (typically 2 to 3 inches caliper) and be selected from an approved native species list. Planted areas must be maintained and monitored for a minimum of two years to ensure survival. The Planning Board can condition approval on specific planting locations, such as on-site, off-site, or within the same watershed.
Failure to complete required mitigation planting is a violation of the approved forest conservation plan. The county can require replanting, additional plantings, or payment into the Forest Conservation Fund. Fines of up to $500 per tree apply for unauthorized removals.
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Side-by-side rule comparisons with other cities in Montgomery County.
See how Gaithersburg's tree replacement requirements rules stack up against other locations.
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