A. 
If a person proposing a regulated activity subject to this chapter demonstrates to the satisfaction of the Department that requirements for reforestation or afforestation on site or off site cannot be reasonably accomplished, the person shall contribute money, at a rate established in the fee schedule adopted by the County Council, but in no event less than $0.10 per square foot of the area of required planting, into the Forest Conservation Fund.
[Amended 10-17-2006 by Bill No. 2006-11]
B. 
Money contributed instead of afforestation or reforestation under this chapter shall be paid before a building permit or zoning authorization is granted or a final subdivision plat is recorded on a stormwater management plan or soil or sediment control plan.
C. 
Money contributed in lieu of afforestation or reforestation under this article shall remain in the account and must be used by the county for future reforestation or afforestation.
D. 
Money deposited in the forest conservation fund:
(1) 
May be spent on the costs directly related to reforestation and afforestation, including site identification, acquisition and preparation and planting.
(2) 
Shall be deposited in a separate Forest Conservation Fund.
(3) 
May not revert to the general fund.
E. 
Violation fees shall remain in the fund without regard to a time limit but shall be spent in accordance with all other requirements of this article, except that, in addition, such fees may be used for administrative purposes.
A. 
Except as provided in this chapter, the reforestation or afforestation requirement under this chapter shall occur in the watershed in which the project is located.
B. 
If the reforestation or afforestation cannot be reasonably accomplished in the watershed in which the project is located, then the reforestation or afforestation shall occur in another watershed in the county in which the project is located.