An Arborist's Opinion

Increasing Fees for Forest Conservation Law Violations:
Did Montgomery County Go Far Enough with Bill No. 27-05?

There is a relatively simple solution to placing monetary values on trees and landscaping that have been destroyed OR damaged, or better yet, before they are damaged.

There is a book, The Guide for Plant Appraisal (9th edition) written by The Council of Tree and Landscape Appraisers (CTLA) and published by the International Society of Arboriculture (ISA) and a companion book, The Mid-Atlantic Tree Species Rating Guide (1997) written and published by the Mid-Atlantic chapter of ISA. CTLA is composed of one delegate from each of the 7 major green industry associations. As one of the delegates, I am a co-author of both books.

The Guide, in addition to being a good text on the plant appraisal industry, describes methodologies to appraise the monetary values to trees of landscape size (Replacement Cost Method), to trees that are too large to reasonably transplant (Trunk Formula Method), and for woodland or complex projects (Cost of Cure Method).

As many agree, a $37,000.00 fine to a Dan Snyder is ludicrous. Many developers also are willing to pay similar fines for cutting down specimen trees as just a part of the cost of the house. It's no big deal, just a cost of doing business.

If an appraisal of the monetary value of any tree over a specified size was required for a building permit, the developer would know just what it would cost if that tree were destroyed OR damaged, and it should be substantial. They could even be required to post a sign on each tree with its monetary value so even the bulldozer operator would be motivated to stay clear.

This pro-active approach, rather than just fining someone after our prized valuable trees are gone, should fit right in with the existing forest conservation specs already in effect. Furthermore, I agree with Rep.Van Hollen, Jr. that smaller lots less than 40,000 square feet should have some tree preservation. I get numerous calls from clients that are concerned about their trees being damaged by next door construction on these small projects.

Lew Bloch, Registered Consulting Arborist
Potomac, Md.

Lew Bloch is a nationally-known registered consulting arborist and licensed landscape architect with a career spanning more than 40 years. Author of Tree Law Cases in the U.S.A, co-author of the Guide for Plant Appraisal (9th edition) and contributor to many other publications, Mr. Bloch has been an expert witness in a wide variety of tree cases for both plaintiffs and defendants. His Web site is: www.lewbloch.com