Forest Conservation

A forest conservation ordinance regulates the removal of forest cover and requires mitigation for that removal during the land development process. Its primary goal is to minimize the negative impacts of development on forest resources, which are critical for watershed health. Forests play a vital role in reducing stormwater runoff, preventing soil erosion, filtering pollutants, and providing wildlife habitat. By requiring developers to account for forest impacts upfront, these ordinances integrate ecological protection into site design.

This model is based on the Forest Resource Ordinance of Frederick County, Maryland (Chapter 1-21). Enacted under the authority of Maryland’s statewide Forest Conservation Act, the ordinance establishes a quantitative, performance-based system for retaining existing forests and establishing new ones. It applies to development activities on parcels of 40,000 square feet or more that require a subdivision, site plan, or grading permit. The ordinance provides a robust framework that links forest conservation requirements directly to land use zoning and the intensity of development, making it a valuable reference for communities seeking to manage development’s impact on tree canopy and water resources.

Key provisions

The Frederick County ordinance creates a comprehensive regulatory process that begins with a site inventory and proceeds through plan approval, construction, and long-term protection. Its core components are quantitative thresholds that determine a developer’s obligation to avoid, minimize, or compensate for the clearing of forest.

Applicability and Planning Process

The ordinance applies to any land development activity on a tract of 40,000 square feet or greater that requires an application for a subdivision, site plan, or grading permit. The process involves two main planning documents prepared by a qualified professional (e.g., licensed forester or landscape architect):

• Forest Stand Delineation (FSD): An inventory map submitted early in the process. It details the site’s existing environmental features, including forest types, specimen trees, topography, intermittent and perennial streams, 100-year floodplains, steep slopes, and sensitive soils. The FSD serves as the baseline for developing the conservation plan.
• Forest Conservation Plan (FCP): The detailed plan demonstrating how the development will meet the ordinance’s requirements. It must show areas of forest to be retained, areas to be removed, and proposed locations for required reforestation or afforestation. The FCP is reviewed and approved by the county in preliminary and final stages, concurrent with other development plan reviews.

Conservation Thresholds and Planting Requirements

The ordinance uses two distinct thresholds to calculate planting requirements: an afforestation threshold for sites with little existing forest, and a conservation threshold for sites where existing forest is being cleared.

Afforestation: If a development site has existing forest cover below a specified percentage of its net area, the developer must plant trees to bring the total forest cover up to that threshold. This ensures that development on sparsely wooded land contributes to the community’s overall tree canopy.

Reforestation: For sites with existing forest, a “conservation threshold” is set based on zoning. Clearing forest above this threshold has a lower mitigation requirement, while clearing below it incurs a much higher penalty. This creates a strong incentive to retain forest cover beyond the minimum.

• Forest cleared above the threshold must be reforested at a ratio of 0.75 acres planted for every 1 acre cleared.
• Forest cleared below the threshold must be reforested at a ratio of 2 acres planted for every 1 acre cleared.

The thresholds vary by land use category, requiring higher levels of forest cover in agricultural, conservation, and low-density residential zones.

Retention and Planting Priorities

The ordinance establishes clear priorities for what to save and where to plant. Developers must demonstrate that they have made reasonable efforts to retain high-priority forests. These include:

• Trees and forests within sensitive areas like 100-year floodplains, Stream Buffers, steep slopes (25% or greater), and critical wildlife habitats.
• Large, contiguous forest tracts that connect to off-site forests.
• Trees that are part of a historic site or are designated champion trees.
• Individual trees with a diameter of 30 inches or more.

When reforestation or afforestation is required, planting is prioritized in locations that provide the greatest ecological benefit, such as establishing or enhancing stream buffers to a width of at least 50 feet, connecting existing forests with corridors at least 300 feet wide, and stabilizing steep slopes.

Alternative Compliance and Financial Guarantees

If an applicant demonstrates that meeting planting requirements on-site or off-site is not reasonably possible, they may make a payment into the county’s Forest Conservation Fund. The fee is set at $0.30 per square foot of the required planting area. These funds are dedicated to county-led planting projects.

To ensure compliance, developers must post a financial surety (e.g., a bond or letter of credit) for the full cost of the required planting. The surety is held for two full growing seasons to guarantee plant survival. Fifty percent may be released after the first year if survival rates are met, with the remainder released after the second year.

Selected provisions, annotated

The following trees, shrubs, plants, and specific areas shall be considered high priority for retention and protection and shall be left in an undisturbed condition…including the 100-year floodplain, streams and their buffers, steep slopes (25 percent), and critical habitats, and wetlands…

Frederick County Forest Resource Ordinance, Sec. 1-21-40(A)

This provision creates a direct link between forest conservation and the protection of other critical environmental features. By prioritizing retention in sensitive areas, the ordinance ensures that forest protection efforts are concentrated where they can provide the most benefit for water quality, slope stability, and habitat, reinforcing the goals of related regulations for Stormwater Management and Wetlands Protection.

The Forest Conservation Threshold means the percentage of the net tract area at which the reforestation requirement changes from a ratio of ¾ acre planted for every acre removed to a ratio of 2 acres planted for every acre removed.

Frederick County Forest Resource Ordinance, Sec. 1-21-42(A)

This clause defines the ordinance’s central regulatory mechanism. The “break point” threshold creates a powerful economic incentive for developers to design their sites to preserve a significant percentage of existing forest, as the mitigation cost more than doubles for clearing below this level. This performance-based standard is more effective than a simple one-to-one replacement requirement.

A tract having less than 20 percent of the net tract area in forest cover shall be afforested to at least 20 percent of the net tract area for…Agriculture and conservation zones; and R-1 residential zones…

Frederick County Forest Resource Ordinance, Sec. 1-21-41(A)

The afforestation requirement addresses the cumulative loss of potential forest on sites that are already cleared, such as agricultural fields. This ensures that all development, not just that on forested parcels, contributes to achieving the community’s overall canopy goals. It prevents a net loss of green infrastructure as the landscape urbanizes.

What makes it a useful model

The Frederick County ordinance serves as an effective model because it establishes a clear, predictable, and defensible system for regulating forest impacts. Its quantitative, performance-based standards are tied directly to zoning, providing developers with clear expectations early in the design process. This approach moves beyond subjective or ad-hoc negotiations over individual trees and instead focuses on the ecological performance of the entire site, a principle central to the methodologies in the site’s Design Manual.

The ordinance’s flexibility is another key strength. It provides multiple pathways for compliance—including on-site retention, on-site planting, off-site planting, and a fee-in-lieu option—which allows it to function across a wide range of project types and site conditions. The detailed prioritization lists for both retention and new planting guide this flexibility toward the most ecologically beneficial outcomes. This structured approach to site layout is compatible with conservation-focused designs like those found in Open Space Development.

Finally, the ordinance’s procedural framework is robust. By requiring a Forest Stand Delineation upfront, it forces a comprehensive site inventory before design decisions are locked in. The requirement for a financial surety guarantees that planting obligations are not just promised but are successfully implemented and maintained. This combination of clear standards, flexible compliance, and strong administration makes it a comprehensive and enforceable tool for any local government in the model ordinances library.

Adaptation checklist for municipalities

Local governments can adapt this model for their own use by addressing the following key elements:

• Confirm Legal Authority: Identify and cite the state-level enabling legislation that grants the municipality the authority to regulate forest resources.
• Define Jurisdiction and Applicability: Clearly state the geographic areas covered by the ordinance (e.g., entire municipality, unincorporated areas) and set an applicability threshold (e.g., all projects over one acre or 40,000 sq. ft.).
• Customize Thresholds: Review and adjust the afforestation and conservation thresholds for different zoning districts to align with local land use plans, canopy goals, and development patterns.
• Designate a Responsible Agency: Name the specific municipal department or office responsible for reviewing plans, inspecting sites, and enforcing the ordinance.
• Adopt a Technical Manual: Develop or adopt by reference a technical manual that specifies approved native plant species, planting and maintenance standards, and required construction-phase tree protection measures.
• Establish a Fee-in-Lieu Program: If offering a fee-in-lieu option, establish a dedicated fund and set a per-square-foot or per-acre fee based on local costs for land acquisition, site preparation, and planting.
• Incorporate Local Data: Reference official local maps for delineating sensitive resources such as floodplains, streams, wetlands, and steep slopes.
• Specify Protection Mechanisms: Define the legal instruments that will be used for long-term protection of conserved areas, such as conservation easements, plat notes, or deed restrictions.
• Define Financial Guarantees: Specify the acceptable forms of financial surety (e.g., bond, letter of credit) and the process for calculating the amount and managing its release.
• Integrate with Existing Procedures: Align the submission and review timelines for forest conservation plans with existing local review processes for subdivision, site plan, and grading permits to create a streamlined workflow for applicants.