Updated: 8/1/2024

Forest Conservation Plan

On December 9, 2019, the Harford County Director of Planning and Zoning (“Planning Director”) approved a Forest Conservation Plan for Abingdon Business Park. The developer’s (CREG/Westport I, LLC) plan includes warehouse facilities and other mixed uses on approximately 330 acres of forested land in Harford County, Maryland. The site contains part of the Haha Branch stream, which drains into the Bush River and, ultimately, the Chesapeake Bay. The downstream Bush River is already classified as impaired for high levels of sediment from stormwater runoff. In addition, the Forest Conservation Plan permits the clearing of over 200 acres of forested land and the removal of 49 old and large trees known as “specimen trees.”

On January 8, 2020 CBF, together with nearby property owners, filed a Petition for Judicial Review with the Circuit Court for Harford County contesting the Planning Director’s decision to approve the forest conservation plan. We alleged that it did not meet the requirements of the Harford County Zoning Code. The County and the Developer together filed a Motion to Dismiss the Petition in March of 2020 and CBFs filed an opposition. After a hearing was held, the Court granted the Motion to Dismiss holding that the Forest Conservation Plan was not a “final decision” and therefore did not provide Petitioners with the ability to appeal. CBF believed that this decision was inconsistent with state law. We filed an appeal to the Appellate Court of Maryland (formally the Maryland Court of Special Appeals). Oral Arguments were held virtually on June 14, 2021, and on September 8, the appellate court issued an Opinion affirming the decision of the circuit court and ruled that the forest conservation plan was not a “final decision” subject to appeal.

We filed a Petition for Certiorari with the highest court in Maryland, the Supreme Court of Maryland (formally the Maryland Court of Appeals), asking the court to review this decision. The Court granted our petition and on August 26th after briefing and arguments were held, the court subsequently ruled in our favor and reversed the prior decisions. The court held that CBF could appeal the forest conversation plan and that forest conservation plans for development projects can be legally challenged after being approved. This decision has far-reaching implications for forest conservation in Maryland and will give forests the same legal protections as wetlands and waterfront lands in Maryland.

Our initial Petition challenging the Forest Conservation Plan was then heard on the merits in the Circuit Court for Harford County in January 2023.  On May 10, 2023, the Court ruled in our favor and found that Harford County did not provide a factual basis for granting a waiver from the requirements of the Forest Conservation Act to clear the specimen trees and remanded the Forest Conservation Plan back to the County for further review. This is another major victory for citizens to ensure that the Forest Conservation Act can be used to protect important forested land and the significant mature specimen trees. The developer and landowner appealed this decision to the Appellate Court of Maryland on July 31, 2023.  In July 2024, the developer and landowner dismissed the appeal after the parties to the case reached a settlement. 

Grading Permit

While our appeal of the Forest Conservation Plan was pending, the Harford County Department of Public Works issued a grading permit for the Abingdon Business Park Development. Issuing the grading permit allowed the developer to begin clearing forest land and specimen trees. CBF filed an appeal of the grading permit, a Motion for Temporary Restraining Order, and Preliminary Injunction with the Circuit Court for Harford County to stop any further tree removal. The County filed a Motion to Dismiss our appeal. After the court denied our request for the temporary restraining order, we filed a renewed request when the Maryland Court of Appeals found in our favor in the Forest Conservation matter, and we provided additional evidence regarding the irreparable harm that would be caused by further tree removal. The Court granted our request for a temporary restraining order on all tree clearing at the site. The parties reached a mutual agreement whereby the developers were enjoined from further cutting of trees associated with the Abingdon Business Park until the final resolution of CBF’s initial Petition for Judicial Review of the Forest Conservation Plan. This matter was stayed pending appellate court review of the developer’s appeal noted above. As a result of the settlement agreement reached, this case was dismissed on July 15, 2024.  

CBF was represented in these cases by the Vice President of Litigation Paul Smail.