Council mulls lifting limits on sale of Christmas trees
Some members question unlimited sales
Community members voiced support at a public hearing on Tuesday for overturning a county law limiting Christmas tree sales to certain dates, but County Council members expressed skepticism in removing the law all together.
The law came to light in early December, when a series of Christmas tree stands across the county were shut down for opening before Dec. 5, the legal start of tree sales according to county code.
Montgomery County Executive Isiah Leggett introduced a zoning text amendment to the County Council Dec. 9 that would effectively remove the previously little-known restriction, one that has been on the county's books for the past 50 years.
"It's become a tradition of many families to put up their tree the day after Thanksgiving," Rev. Debbie Scott, pastor of North Bethesda United Methodist Church, whose tree sale was shut down said at Tuesday's hearing in front of the County Council. "… For those at North Bethesda United Methodist Church, this became a justice issue."
The church uses a portion of the tree-sale profits to fund the congregation's mission work.
Citing the arcane law, an inspector from the county's zoning department shut down the North Bethesda United Methodist Church's sale on Dec. 1, along with at least one other stand.
"I'm sure the date was a good idea back in the day, but in the 21st century, it's customary for some families to get their trees earlier," Kenneth Ow, a Silver Spring resident and member of the church, said Tuesday. "…In these hard economic times, who wants to be the Grinch?"
While County Council members expressed support for the North Bethesda church and other stands shut down in December, they also said removing the date altogether could set a dangerous precedent.
"If we can come up with a more reasonable date, I think that would be acceptable," said Marc Elrich, (D-At large) of Takoma Park. "But I don't think we can trust people's good judgment."
Elrich suggested opening sales the Friday after Thanksgiving. Councilman Roger Berliner (D-Dist. 1) of Potomac, suggested that a distinction could be made between nonprofit sales—like the church's—and for-profit sales.
The Planning Board unanimously voted to remove the date from the amendment on Thursday, forwarding their support of the removal to the County Council.
"We didn't really think the date was necessary," Greg Russ, a Planning Board staffer who presented the amendment at the Planning Board hearing Thursday. Russ also testified at Tuesday's County Council hearing.
Russ said other municipalities and counties in the area have either no sales restrictions or a longer window of sales.
The council's Planning, Housing, and Economic Development Committee will take up the issue at a work session Feb. 23. Public comment on the amendment is being accepted until Feb. 19.