Recommendation
Staff recommends approval of the Resolution revising the Forest Conservation Manual.

Change in Law or Policy
Revises the City of Rockville Forest Conservation Manual.

Discussion
Forestry staff introduced proposed changes to the Forest and Tree Preservation Ordinance at the September 14, 2009 Mayor and Council meeting. The Ordinance is being revised to comply with recent changes to the State Forest Conservation Act and to clarify several items. There are three proposed changes to the Forest Conservation Manual consistent with the Ordinance revisions.

Two of the proposed revisions to the Manual lower the forest conservation exemption thresholds for single dwelling unit homeowner's and linear projects. Previously, single family dwelling unit homeowner's could clear up to 40,000 square feet of forest without requiring forest conservation for clearing, grading and land disturbing activities. The clearing threshold is being lowered to 20,000 square feet of forest. The second revision also applies to exemptions for single family dwelling unit lots and linear projects with regard to afforestation requirements. Previously these sites were exempt from afforestation if the project cleared less than 40,000 square feet of forest. This exemption is being lowered to 20,000 square feet. These changes appear in Section 3 "Application" (b)(3) and Section 8 "Retention, Reforestation, Afforestation and Minimum Tree Cover" (b)(2). Five properties were identified as potentially being affected by the threshold change. Letters were sent to each property owner notifying them of the change in law.

The third revision to the Manual removes the reference to two zones, RPR and RPC, that are no longer applicable with the adoption of the new Zoning Ordinance. These changes are both within Section 8 "Retention, Reforestation, Afforestation and Minimum Tree Cover" under (e)(1) and (i)(1).

Mayor and Council History
The Forest and Tree Preservation Ordinance revisions were introduced on September 14, 2009 and are scheduled for adoption at tonight's meeting.

Public Notification and Engagement
Certified letters were sent in August 2009 to the five property owners who may be affected by the Ordinance change. Forestry has not received any comments on the proposed changes.

Fiscal Impact
There is no fiscal impact associated with this agenda item.

Next Steps
Forestry staff will implement the new Manual changes.

Attachments
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Department Head:



Burt Hall, Director of Recreation and Parks
Approved on: 10/02/2009

Assistant City Manager:


Jenny Kimball, Assistant City Manager
Approved on: 10/02/2009

City Manager:

Scott Ullery, City Manager
Approved on: 10/02/2009