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CB61-2019 amends the waiver process for many environmental provisions, including wetlands and forests, and addresses sidewalk waivers! A frequent complaint we hear from residents and advocates is that waivers are not transparent, are granted too frequently, and are undermining the effectiveness of environmental protections. CB61-2019 addresses this in two different ways. First, it brings the standard for the county up to the state standard of "unreasonable hardship," which cannot be economic. Then, for the waivers for certain environmental laws, the decision will now rest with not just the Department of Planning and Zoning, but also the Office of Community Sustainability and the Department of Public Works. For sidewalks, the Office of Transportation will now also review waivers.
CB62-2019 is an update to Howard County's Forest Conservation Act. Howard County has a unique problem, in that trees are migrating from the east to the west and that for the most part, deforestation happens by a thousand cuts, instead of large developments that remove enormous acreage. Howard County seeks to fix this problem by increasing the fee-in-lieu, the fee developers pay instead of planting the trees they are required to replace. The county is on the hook for the trees they accept payment to plant, so if the fee is lower than the cost to replant, the taxpayer is on the hook! The bill also incentivizes in-watershed replanting, meaning replanting trees in the same watershed where they were removed. This should reduce the migration of trees from east to west.
We appreciate County Executive Ball and Councilmembers Rigby, Jones, Jung, and Walsh for sponsoring this important legislation.