Despite recommendations from the County Executive and the Planning Board to remove it, an arcane county law banning early Christmas tree sales in the county remains on the books, and most likely will not be removed before the holiday season.

Last year, the decades-old law forced the closure of Christmas tree stands across the county that opened before Dec. 5. But a busy council schedule this year meant that a proposed zoning text amendment to change the law got pushed to the back burner.

"We had so many other things that had to get done," said County Councilman Michael J. Knapp (D-Dist. 2) of Germantown. "It hasn't quite risen to the level of importance as the county's Growth Policy, or the White Flint or Gaithersburg West master plans."

Last December, Christmas tree stand owners and operators were up in arms after their early sales were shut down by county zoning inspectors. They brought the law to the attention of County Executive Isiah Leggett (D) and other County Council members, who vowed to change it.

Leggett sent a zoning text amendment to the County Council, which expressed support to remove or dramatically change the law. A public hearing in February drew many stand owners and operators in support of the law's removal and the public comments were then sent to the County Council's Planning, Housing, and Economic Development Committee, which Knapp heads. It has not been formally discussed by the committee and Knapp said he does not know if or when it might be.

Patrick K. Lacefield, a county spokesman, said Leggett's position on the matter has not changed since last year: get rid of the law.

"Nobody's going to sell a Christmas tree too early, because no one's going to buy one too early," Lacefield said. "It's hard to keep a Christmas tree alive for even five weeks; no one is going to be selling them in July."

Christmas tree sellers agree.

Hugh Rodell owns North Star Christmas Trees, which operates two lots along Wisconsin Avenue in Chevy Chase. One of his stands was shut down last year for opening too early, prompting him to leave a sign at the lot that read, "Due to an arcane Montgomery County Ordinance we cannot sell Christmas Trees. Closed Until Dec. 5th. Please call your Councilperson to complain."

He said he'll continue to sell trees before Dec. 5, because customers demand them.

"What we find in those first couple days after Thanksgiving is that we get a lot of divorced families," he said. "Dad's maybe got the kids for Thanksgiving, and not Christmas, and wants to put up a tree over the weekend for the kids."

The Rev. Debbie Scott, pastor at North Bethesda United Methodist Church, couldn't believe the law hadn't been changed. A stand at her church was shut down last year.

"Even though everyone thinks it's ridiculous, even though we testified before the County Council, this is still a law?" she said. "Our approach is that we're going to be good neighbors, so no one complains about us."

Violators will first receive a warning to close their stand, according to the county code, and if they do not do so they will be fined $500. Enforcement of the law, which occurs on a complaint basis, will not be a county priority, Lacefield said.

"We've got other things in the county to do to improve the quality of life here than enforce this law," he said.