Testimony For Hearing Before Montgomery County Planning Board on Forest Conservation Plan for Sunrise Senior Living, Inc., Special Exception 2-2504, Preliminary Plan No. 1-02065 January 5, 2006

Thank you for allowing me to comment today on behalf of the Friends of Sligo Creek Board of Directors. I had the recent experience of working with M-NCPPC staff to provide input to a Forest Conservation Plan for a development planned for the Woodside Hills subdivision in Silver Spring where I live. Many hours went into negotiations between the citizens adjacent to the proposed development, Park and Planning staff, and the applicant. And I have given staff at Park and Planning due credit for their diligence in trying to get the best result possible within legal limitations presented by our current Forest Conservation Law. Because of the impact this development has on Sligo Creek, Friends of Sligo Creek was actively engaged in the discussions of the loss of one of the last wooded sections of Woodside Hills.

Based on this experience and other exposure to the county Forest Conservation Law, we are disappointed in what the current regulations allow developers to do when lot lines and weak regulations take precedence over environmental law - or logic. The case involving the FCP approved for the Sunrise Senior Living development underscores broader ongoing problems with implementation of forestry and land use laws in this county. Legal requirements in this case were unclear. If builders, inspectors, and county employees are working on these projects without clear knowledge of the legal requirements, this presents a problem that I hope you will remedy.

According to consulting arborist Ed Milhous, when a developer gets his plans approved by the local government, he or she then has what is in essence a "contract" to carry out measures in the plan. Somehow in the Sunrise case, the lines were blurred and the original Forest Conservation Plan was amended on-site without planning board or citizen input.

We need to feel confident about the enforcement of county-approved Forest Conservation Plans. But if on-site modifications can be made and characterized as "minor" or "major" amendments without notification to homeowners on adjacent lots, how can we be assured that our trees and forest stands will be protected? In the future, we hope to see better enforcement of approved Forest Conservation Plans, more citizen involvement in the process, and respect for the boundaries of established conservation easements. We are recommending that the county hold a one to 2-day workshop on the Forest Conservation Law for all county agencies dealing with tree protection, including the Department of Permitting Services. We are asking that the public be invited to that session so that we all have a thorough understanding of the Forest Conservation Law. Let us know how Friends of Sligo Creek can help. Thank you.