Legislation
SECTION 9-0815
Request for comment on local laws or ordinances pertaining to the practice of forestry
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 9, TITLE 8
§ 9-0815. Request for comment on local laws or ordinances pertaining to
the practice of forestry.
The commissioner upon his or her own initiative, or upon the written
request of a municipality or an owner of forest land within the
municipality, may elect to comment upon a proposed local law or
ordinance which may restrict the practice of forestry. The requesting
municipality or owner of forest land shall provide, at a minimum, the
full text of the proposed local law or ordinance to the commissioner
with such request.
1. Upon receipt of such written request or upon the commissioner's
determination to comment on a local law or ordinance, the commissioner
shall notify the municipal legislative body, in writing, of the receipt
date or the date of such determination.
2. An owner of forest land shall provide notice to the municipal
legislative body proposing the local law or ordinance of a written
request to the commissioner in the time, manner, and form as may be
prescribed by the commissioner.
3. The commissioner, in preparing his or her comments for
consideration by the municipality, may consider factors including, but
not limited to, the impact of the proposed local law or ordinance upon
the long-term viability of forests in the municipality and any
modifications or alternatives which a municipality may undertake to
minimize the impacts to the practice of forestry in preparing his or her
comments.
4. The commissioner shall have forty-five days after receipt of an
ordinance to provide his or her comments, if any, to the municipal
legislative body proposing the law or ordinance. Any municipal
legislative body shall defer the adoption of such local law or ordinance
pending receipt of comments, if any, from the commissioner or the
passage of forty-five days from the date of receipt of the proposed
local law or ordinance by the commissioner. The commissioner shall have
the opportunity to respond only to the original proposal considered by
the local governing body.
5. For purposes of this section, "forest land" shall mean land that is
suitable to forest crop production.
the practice of forestry.
The commissioner upon his or her own initiative, or upon the written
request of a municipality or an owner of forest land within the
municipality, may elect to comment upon a proposed local law or
ordinance which may restrict the practice of forestry. The requesting
municipality or owner of forest land shall provide, at a minimum, the
full text of the proposed local law or ordinance to the commissioner
with such request.
1. Upon receipt of such written request or upon the commissioner's
determination to comment on a local law or ordinance, the commissioner
shall notify the municipal legislative body, in writing, of the receipt
date or the date of such determination.
2. An owner of forest land shall provide notice to the municipal
legislative body proposing the local law or ordinance of a written
request to the commissioner in the time, manner, and form as may be
prescribed by the commissioner.
3. The commissioner, in preparing his or her comments for
consideration by the municipality, may consider factors including, but
not limited to, the impact of the proposed local law or ordinance upon
the long-term viability of forests in the municipality and any
modifications or alternatives which a municipality may undertake to
minimize the impacts to the practice of forestry in preparing his or her
comments.
4. The commissioner shall have forty-five days after receipt of an
ordinance to provide his or her comments, if any, to the municipal
legislative body proposing the law or ordinance. Any municipal
legislative body shall defer the adoption of such local law or ordinance
pending receipt of comments, if any, from the commissioner or the
passage of forty-five days from the date of receipt of the proposed
local law or ordinance by the commissioner. The commissioner shall have
the opportunity to respond only to the original proposal considered by
the local governing body.
5. For purposes of this section, "forest land" shall mean land that is
suitable to forest crop production.