Background
Anne Arundel County Council recently passed bill 67-25 (County Code Article 16 revision), which aims to clarify existing County practices regarding tree trimming or pruning, particularly in the Critical Area (“CA”) buffer and steep slopes, by separating and defining different categories of vegetative management methods, creating a new permit category for certain forestry activities (e.g., Habitat Enhancement Plan), and streamlining the review/approval process. Read Bill 67-25.
This legislation is the product of a stakeholder work group convened to find a sensible path forward that both protects the environment and is responsive to community-scale concerns around the management of critical area vegetation. In addition to County staff, the work group included multiple representatives from the environmental community (Severn River Association, Arundel Rivers Federation) and the waterfront homeowner community (Sherwood Forest, Gibson Island). It has also received review and comment from tree management professionals, the Maryland Critical Area Commission, and the Maryland Department of the Environment (“MDE”). The passed legislation is a product that reflects the consensus of those groups.
The legislation creates a separate category for pruning to separate the activity of pruning from clearing or grading, including a definition tied to the American National Standards Institute (“ANSI”) A300 Standard. Copies of ANSI A300 are available at the County Forestry office. Interested parties may view these standards by making an appointment by calling 410-222-7441 or by email at forestry@aacounty.org. These standards are also available for purchase through the International Society of Arboriculture at https://www.isa-arbor.com/
Purpose
The purpose of this document is to provide guidance regarding certain vegetative management methods and forestry related work to all involved (e.g., tree companies, tree care professionals, county staff, homeowners, homeowners associations, Landscape/design professionals, etc.) in the review, permitting, approval of these activities. This guidance is provided in the form of Frequently Asked Questions (FAQ’s) and a chart on the county website that summarize approval/permitting guidance involving grading, clearing and vegetative related activities and projects.
Vegetative Management Methods - Guidance
Please refer to FAQ’s and Chart below.
Note: this guidance covers many situations that are commonly encountered with these activities, but this is not an exhaustive list covering all permitting types & scenarios. If there are situations that are not covered by this guidance or there are questions regarding a specific project application, please contact the Anne Arundel County Department of Inspections and Permits Forestry Program at: 410-222-7441 or forestry@aacounty.org. FAQs on the County Website will also be updated as needed.
What is the difference between a VMP, an HEP, and SGP?
- A Vegetation Management Plan (VMP) is used for minor forestry related maintenance and management involving less than 5,000 square feet of canopy and/or vegetation.
- Habitat Enhancement Plan (HEP) may be used in managing existing forest or other natural areas to enhance the habitat and ecological balance involving areas up to an acre. Activities may include pruning for health and safety of vegetation, non-commercial timber stand improvement, and eradication of non-native invasive vegetation and planting of native species in those areas.
- A Standard Grading Plan (SGP) is a plan that may be used in lieu of a Grading Permit for certain minor grading and earth disturbance associated with commercial and residential construction, and, if necessary, may be required to include sediment and erosion control plans.
- More information about permitting guidance for clearing, grading and pruning
Is there an application fee for the VMP or HEP?
No, the VMP and HEP do not have an application fee. The Standard Grading Plan does have an application fee of $75.
Where can I find VMP, HEP and SGP application information?
- Information about Vegetation Management Plans (VMP)
- Information about Habitat Enhancement Plans (HEP)
- Information about Standard Grading Plans (SGP)
Who can I contact for Vegetation Management Plan (VMP) and Habitat Enhancement Plan (HEP) information?
Please contact the Anne Arundel County Department of Inspections and Permits Forestry Program at: 410-222-7441 or forestry@aacounty.org
Do I need approvals for pruning / removal of vegetation outside of the Critical Area, or just within the Critical Area?
More information about permitting guidance for clearing, grading and pruning
Do I need a permit to mow my existing lawn in the buffer?
No. Maintenance of an existing turf lawn in the Critical Area Buffer is not clearing and does not require a permit. Once an area of lawn in the Buffer naturally regenerates into forest or woody vegetation, it will require review and approval to clear or mow.
Can I grub roots with a VMP?
No. The VMP can only approve the cutting of vegetation with no soil disturbance. Standard Grading Plan Application.
Can I grub roots with an HEP?
- Yes, if it is a part of a forestry habitat restoration and enhancement project approved by the county. Erosion and Sediment controls shall need to be installed and maintained as approved and required by the county inspector.
- More information for projects less than 5,000 square feet that require grubbing of roots
I want a larger lawn area. Can I use the HEP to clear the forest and/or underbrush and plant grass?
No. The Habitat Enhancement Plan is only for the restoration and enhancement of natural areas, and not for clearing and conversion to another use, i.e. lawn.
Who can prepare an HEP application?
- A sound and solid implementable plan will be necessary for the success of an HEP. Generally, experienced Community volunteers and Licensed Tree Experts may have sufficient practical experience to write a sound plan for simple projects such as vine eradication and community wide pruning. Complex invasive plant eradication efforts or non-commercial timber stand improvement projects will require greater detail in the plan. Applicants can look to the knowledge and experience held by design professionals such as Landscape Architects and Licensed Foresters for this greater detail.
- Depending on the scope of the project, detailed information regarding the identification of invasives, removal of them, sequencing of work, reforestation/replanting with native species, diagrams/plans are needed. For assistance with these applications, we recommend reaching out to a local non-profit, natural resource consultant, landscape architect, FCA Qualified Professional, or Maryland Registered Professional Forester.
- Generally invasive plants often require multiple applications of an herbicide or multiple cuttings to ensure 100% eradication. The plan should include a timeline indicating the total time expected to completely eradicate the invasive plants, including proposed scheduling. In some instances, grubbing of roots may also be required. Erosion and Sediment controls are required and maintained.
Why do I need a management plan with a HEP?
A management plan to ensure maintenance and management of areas (short term and long term) is required. This is critical to growth of native vegetation, eradication and management of invasives, overall health of the forests and project success.
How can I find a Tree Care Professional?
- All tree care professionals practicing in Maryland must obtain a license. Without a license, they may not practice or advertise tree care services in the state. Find a list of licensed tree experts on the DNR website.
- To locate a tree expert first select the search type, company, county or last name. Then type in whatever additional information you would like to specify in the search for box. Then hit the submit query button.
What are the ANSI A300 Standards? Where can I learn more?
- The American National Standards Institute (ANSI) is a private, non-profit organization that administers and coordinates the U.S. voluntary standards and conformity assessment system for arboriculture.
- The A300 Standards were developed by a committee of professionals in the field of arboriculture to provide a uniform level of service and to help ensure public safety.
- Copies of ANSI A300 are available to view at the County Forestry office. Please make an appointment to view the documents by calling 410-222-7441 or by email forestry@aacounty.org. The standard is also available for purchase through the International Society of Arboriculture.
What constitutes pruning per ANSI A300 Standards?
- The American National Standards Institute (ANSI) defines pruning as the “selective removal of plant parts to meet specific goals and objectives”.
- Pruning can be performed to improve the health of the tree/shrub, to remove dead branches, to reduce potential hazard to structures, and for aesthetic purposes.
- Ansi A300 Pruning Standards
- Pruning Standards and Best Practices Bulletin
When do I need a permit to prune trees/shrubs/woody vegetation?
- Please see the attached chart: https://drive.google.com/open?id=1N99F4SlZeI6LDGOUseBImkjZv6lHM54M&usp=drive_fs
- For more information, Please contact the Anne Arundel County Department of Inspections and Permits Forestry Program at: 410-222-7441 or forestry@aacounty.org.
Why is topping an unacceptable practice? What’s Wrong with Topping Trees?
Topping is a harmful tree pruning practice which can increase the risk of tree failure and other hazards. Topping can remove more than 50% of a tree’s nutrient producing leaves, which forces rapid growth of multiple shoots, stresses the tree, and makes the open wounds more vulnerable to decay, disease and insect infestation. The new shoots grow quickly and are weakly attached in the outermost layers of the parent branches, making them more prone to breaking. Trees that have been topped for many years form a thick layer of shoot growth at the topping cut that shades the soil preventing the natural growth of understory trees and shrubs. This bare soil erodes during rain events, damaging the slope and all beneath it.
Here are some informational documents that provide further information on this topic:
- Trees Virginia - Don't Top Your Tree
- Tree Topping: What It Is, Why It's Bad and How To Prevent It
- Purdue University - What's Wrong with Topping?
What is the difference between Topping and Pollarding?
Topping: Cuts are made indiscriminately on a branch without regard for tree health or structural integrity using “heading” cuts (cuts that are made between branches, leaving a stub).
Pollarding: A semiformal pruning system that maintains crown size by initial heading of branches on young trees or young portions of older trees, followed by removal of sprouts to their point of origin at appropriate intervals without disturbing the resulting pollard head. The main difference with pollarding is in maintenance. A true pollard involves cutting the shoots that result from an original header cut back to a branch knuckle (original callus knob).
Where can I find information on managing invasive species for homeowners and Landowners?
Refer to the following documents published by Maryland Department of Natural Resources (MDDNR) Forest Services. Good Green is a MDDNR Maryland Department of Natural Resources Forest Service initiative to protect native vegetation in our natural areas. The initiative was started as a Landscape Scale Restoration grant from the U.S. Forest Service.
I have a Forest Conservation Easement (FCE) on my property. Where can I find information about easements?
- Contact the Anne Arundel County Department of Inspections and Permits Forestry Program for more information at: 410-222-7441 or forestry@aacounty.org
| Critical Area Buffer (incl. expanded and BMA) | Steep slopes of 15% or more in Critical area, outside buffer | FCE (Forest Conservation Easement) | Critical area (outside buffer and no slope) | Area outside CA, outside buffer, not on steep slope and not in FCE | |
|---|---|---|---|---|---|
| Grading or clearing | Any area requires approval | Any area requires approval | Any area requires approval | 0 to 5,000 sf may require approval under a standard grading plan*; 5,000 sf or more requires approval | 0 to 5,000 sf requires approval under a standard grading plan; 5,000 sf or more requires approval |
| Pruning of native trees or shrubs or woody vegetation | 0 to 5,000 sf requires approval under a Vegetative Management Plan; Over 5,000 sf approval required under Habitat Enhancement Plan; | 0 to 2,500 SF approval not required; 2,500 sf to 5,000 sf requires approval under Vegetative Management Plan; Over 5,000 sf approval required under Habitat Enhancement Plan; | 0 to 2,500 SF approval not required; 2,500 sf to 5,000 sf requires approval under Vegetative Management Plan; Over 5,000 sf approval required under Habitat Enhancement Plan; | 5,000 sf or more needs approval | 5,000 sf or more needs approval |
Notes:
- The more restrictive of the categories applies, assuming overlapping protections.
- Environmentally protected areas, such as FIDS habitat or wetlands require approvals for clearing or grading.
- FCE- Forest Conservation Easement; CA- Critical Area; BMA- Buffer Modified Area
- This chart is to be used for informational and guidance purposes only and is not intended to cover each and every activity in these areas. Contact county at forestry@aacounty.org with any questions on approval/permitting for forestry, clearing, grading activities
- The addition of a “pruning” category to the County Code is completely new under 67-25. Previously, this sort of vegetative maintenance activity was handled as “clearing.”