Annapolis Environment Matters and Rules Committees Joint Meeting on Forest Conservation Ordinance 016-26 - July 9, 2026

The Environment Matters Committee and the Rules and City Government Committee of the Annapolis City Council held a joint meeting on July 9, 2026, beginning at 4:36 PM, to discuss and take legislative action on Ordinance 016-26, which amends the city's forest conservation program to conform with recent changes in Maryland state law (Senate Bill 526). The meeting featured a presentation by City Forester Brian Adams, detailed deliberation on proposed amendments, and votes recommending approval of several amendments.

Discussion Items

• Presentation by City Forester Brian Adams: Mr. Adams explained that the state law, enacted in 2023, shifts Maryland's forest policy from a "no-net-loss" to a "net gain" of forest canopy, measured every four years. Key changes include new definitions, exemptions (e.g., tree farms, federal facilities with 2,500+ employees, solar facilities, transit-oriented development, multifamily housing of 25+ units with reduced mitigation rates), a mandatory 1:1 replacement ratio (already practiced in Annapolis), classification of urban areas as priority retention and protection areas, requirements to reforest unforested riparian buffers, new notification and public comment requirements for clearing priority retention areas, written justification by the Department of Planning and Zoning, and expanded mitigation options (e.g., restoring degraded forests, planting green infrastructure, street trees). The city already uses street trees for mitigation credits and has a five-year maintenance agreement for forest conservation projects and a two-year landscape bond for development projects.
• Amendment 2 (Stream Buffer Definition): Adds criteria for the director to expand stream buffers when slopes exceed 15% or highly erodible soils are present, aligning with existing code. No questions raised.
• Amendment 3 (Annual Report Due Date): Changes the annual report submission deadline from March 1 to August 31 to align with the fiscal year (July 1–June 30), as required by state law. Approved.
• Amendment 4 (Appeal Process): Establishes a distinct appealable decision point for forest conservation plan approvals, responding to a Maryland Supreme Court case (Chesapeake Bay Foundation v. developer) and the state law's explicit right to judicial review. Under the amendment, appeals of planning commission-track plans go directly to circuit court, while appeals of department-approved plans go to the Board of Appeals. The amendment also clarifies that no forest clearing may occur during a 30-day appeal window and that filing an appeal stays clearing until resolved. Alderman Howard expressed concern about the automatic 30-day stay after permit issuance, preferring a stay only if an appeal is actually filed; the committee agreed to revisit the stay language later.
• Amendment 5 (Notice of Plan Approval): Proposed by Alderman Savage to require the applicant to publish notice in a newspaper upon approval of a forest conservation plan, to alert the broader public. Alderman Thorpe suggested requiring direct mailed notice to adjacent property owners instead, noting that the state already requires 20-day prior notification to abutting owners by mail. Alderman Huntley argued that newspaper notification is outdated and that the burden should be on the public to check the city website, while Alderman Savage defended newspapers as a legal record. The committee did not vote on Amendment 5; it was postponed to the next meeting.
• Amendment 6 (Retroactivity Clause): Ensures that Ordinance 016-26 applies to any application that does not yet have final approval, even if submitted during the interim between the state law's effective date (July 1, 2026) and the city's adoption. The clause includes a reference to the Maryland Housing Certainty Act's vesting provisions; the city attorney noted the need to ensure the ordinance still applies to projects vesting under that Act. The committee agreed to refine the language.
• Stay Provisions: Discussion revealed that the current legislation (page 7, line 13) includes a 30-day stay on forest clearing after permit issuance, which Alderman Howard found burdensome. He suggested the stay should only apply if an appeal is actually filed. The committee agreed to work on adjustments.

Key Outcomes

• Environment Matters Committee Vote: The committee made a motion to recommend Ordinance 016-26 with Amendments 2, 3, 4, and 6, and the motion carried unanimously. This recommendation will be forwarded to the full City Council.
• Rules Committee Vote (earlier): The Rules Committee had separately voted to recommend only Amendments 2, 3, and 6, but the final action in the joint meeting (Environment Matters) incorporated Amendment 4 as well.
• Amendment 5 Postponed: Amendment 5 (newspaper notification) and further refinement of Amendment 4's stay language will be addressed at the next Rules Committee meeting on July 23, 2026. Staff (city forester, law office) are not required to attend unless specific questions arise.
• Next Steps: The full City Council meeting is scheduled for July 27, 2026, where the ordinance is expected to be considered for final passage. The committees aim to finalize all amendments by July 23 to meet that deadline.