[HISTORY: Adopted by the County Commissioners of Kent County 1-5-1993 as Bill No. 9-92. Amendments noted where applicable.]
GENERAL REFERENCES
Agricultural preservation districts — See Ch. 171.
Subdivision of land — See Ch. 215.
Zoning — See Ch. 222.
For the purpose of this chapter, certain terms and words are hereby defined as follows:
AFFORESTATION
A. 
Establishment of a forest on an area from which forest cover has been absent for a long period of time;
B. 
Planting of open areas which are not presently in forest cover; or
C. 
Establishment of a forest according to procedures set forth in the Forest Conservation Technical Manual.
AGRICULTURAL ACTIVITY
Farming activities, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating and harvesting, for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, nursery, lands in government set-aside programs and other products cultivated as part of a recognized commercial enterprise.
AGRICULTURAL AND RESOURCE AREAS
Undeveloped areas zoned for densities of less than or equal to one (1) dwelling unit per five (5) acres, and corresponds to the Agricultural Zoning District of Chapter 222, Zoning.
APPLICANT
A person who is applying for subdivision or project plan approval or a grading or sediment control permit or who has received approval of a forest stand delineation or forest conservation plan.
APPROVED FOREST MANAGEMENT PLAN
A document:
A. 
Approved by the Department of Natural Resources forester assigned to the county in which the property is located.
B. 
Which operates as a protective agreement for forest conservation as described in the Natural Resources Article, § 5-1607(e) and (f), of the Annotated Code of Maryland.
CALIBER
The diameter measured at two (2) inches above the root collar.
CHAMPION TREE
The largest tree of its species within the United States, the state, county or municipality.
CHAMPION TREE OF THE STATE
A tree which appears in the State Forest Conservation Manual list of state champion trees.
COMMERCIAL AND INDUSTRIAL USES
Manufacturing operations, office complexes, shopping centers and other similar uses and their associated storage areas, yarding and parking areas and corresponds to the Crossroads Commercial, Industrial and Planned Industrial Zoning Districts of Chapter 222, Zoning.
COMMERCIAL LOGGING OR TIMBER HARVEST OPERATIONS
The cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.
CRITICAL HABITAT AREA
A critical habitat for an endangered species and its surrounding protection area. A "critical habitat area" shall:
A. 
Be likely to contribute to the long-term survival of the species;
B. 
Be likely to be occupied by the species for the foreseeable future; and
C. 
Constitute habitat of the species which is considered critical under the Natural Resources Article, §§ 4-2A-04 and 10-2A-06, of the Annotated Code of Maryland.
CRITICAL HABITAT FOR ENDANGERED SPECIES
A habitat occupied by an endangered species as determined or listed under the Natural Resources Article, §§ 4-2A-04 and 10-2A-04, of the Annotated Code of Maryland.
DECLARATION OF INTENT
A. 
A signed and notarized statement by a landowner or the landowner's agent certifying that the activity on the landowner's property:
(1) 
Is for certain activities exempted under this chapter or the Natural Resources Article, § 5-103.
(2) 
Does not circumvent the requirements of this chapter or the Natural Resources Article, § 5-103.
(3) 
Does not conflict with the purposes of any other declaration of intent.
B. 
The document required under this chapter.
DEVELOPMENT PROJECT
A. 
The grading or construction activities occurring on a specific tract that is forty thousand (40,000) square feet or greater.
B. 
Redevelopment.
DEVELOPMENT PROJECT COMPLETION
For the purposes of afforestation, reforestation or payment into a fund:
A. 
The release of the development bond, if required;
B. 
Acceptance of the project's streets, utilities and public services by the county; or
C. 
Designation by the county that a:
(1) 
Development project has been completed; or
(2) 
Particular stage of a staged development project, including a planned unit development, has been completed.
FOREST
A. 
A biological community dominated by trees and other woody plants covering a land area of ten thousand (10,000) square feet or greater.
B. 
Includes:
(1) 
Areas that have at least one hundred (100) live trees per acre with at least fifty percent (50%) of those trees having a two-inch or greater diameter at four and five-tenths (4.5) feet above the ground and larger.
(2) 
Areas that have been cut but not cleared.
C. 
Does not include orchards.
FOREST CONSERVANCY DISTRICT BOARD
The forestry board created for each state forest conservancy district under the Natural Resources Article, §§ 5-601 through 5-610, of the Annotated Code of Maryland.
FOREST CONSERVATION
The retention of existing forest or the creation of new forest at the levels required by this chapter.
FOREST CONSERVATION AND MANAGEMENT AGREEMENT
An agreement as stated in the Tax Property Article, § 8-211, of the Annotated Code of Maryland.
FOREST CONSERVATION PLAN
A plan approved pursuant to the requirements of this chapter and the Kent County Forest Technical Manual.
FOREST CONSERVATION TECHNICAL MANUAL
The technical manual, incorporated by reference, used to establish standards of performance required in preparing forest stand delineations and forest conservation plans.[1]
FOREST COVER
The area of a site meeting the definition of "forest."
FOREST MANAGEMENT PLAN
A plan establishing best conservation and management practices for a landowner in assessment of the resource values of forested property.
FOREST STAND DELINEATION
The methodology for evaluating the existing vegetation on a site proposed for development, as provided in Kent County's Forest Conservation Technical Manual.
GROWING SEASON
The period of consecutive frost-free days as stated in the current soil survey for Kent County published by the National Cooperative Soil Survey Program, 16 U.S.C. § 590(a) through (f).
HIGH-DENSITY RESIDENTIAL AREAS
Areas zoned for densities greater than one (1) dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities and water and sewer service, and corresponds to the Village and Affordable Housing Zoning Districts of Chapter 222, Zoning.
INTERMITTENT STREAM
A stream in which surface water is absent during a part of the year as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geologic Survey as confirmed by field verification.
LANDSCAPING PLAN
A plan:
A. 
Drawn to scale, showing dimensions and details for reforesting an area at least thirty-five (35) feet wide and covering two thousand five hundred (2,500) square feet or greater in size.
B. 
Using native or indigenous plants when appropriate.
C. 
Which is made part of an approved forest conservation plan.
LOCAL AGENCY
Each unit of local government in the executive, legislative or judicial branch of a county or municipal government, including an office or department of public works.
LOT
A unit of land, the boundaries of which have been established as a result of a deed or previous subdivision of a larger parcel and which will not be the subject of further subdivision, as defined by this chapter, without an approved forest stand delineation and forest conservation plan.
MAINTENANCE AGREEMENT
The short-term management agreement associated with afforestation or reforestation plans required by this chapter.
MEDIUM-DENSITY RESIDENTIAL AREAS
Areas zoned for densities greater than one (1) dwelling unit per five (5) acres and less than or equal to one (1) dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities and water and sewer service, and corresponds to the Rural Residential Zoning District of Chapter 222, Zoning.
NATURAL REGENERATION
The natural establishment of trees and other vegetation with at least four hundred (400) woody, free-to-grow seedlings per acre which are capable of reaching a height of at least twenty (20) feet at maturity.
NET TRACT AREA
A. 
Except in agriculture and resource areas, the total area of a site, including both forested and nonforested areas, to the nearest one-tenth (1/10) acre, reduced by the area found to be within the boundaries of the nontidal one-hundred-year floodplain.
B. 
In agriculture and resource areas, the part of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities, reduced by the area found to be within the boundaries of the nontidal one-hundred-year floodplain.
NONTIDAL WETLANDS
A. 
An area that is:
(1) 
Inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and which under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
(2) 
Considered a nontidal wetland in accordance with the publication know as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1989 and as may be amended and interpreted by the United States Environmental Protection Agency.
B. 
Does not include tidal wetlands regulated under the Natural Resources Article, Title 9, of the Annotated Code of Maryland.
OFF SITE
Outside of the limits of the area encompassed by the tract.
ONE-HUNDRED-YEAR FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year. Except for Class III waters (natural trout streams), a body of water with a watershed less than four hundred (400) acres is excluded.
ONE-HUNDRED-YEAR FLOODPLAIN
An area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying floodwaters during a one-hundred-year frequency storm event or a one-hundred-year flood.
ON SITE
Within the limits of the area encompassed by the tract, including an area classified as a one-hundred-year floodplain.
PERENNIAL STREAM
A stream containing surface water throughout an average rainfall year, as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geologic Survey, as confirmed by field verification.
PERSON
Includes the federal government, the state, a county, municipal corporation or other political subdivision of the state or any of their units or an individual, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind or any partnership, firm, association, public or private corporation or any of their affiliates or any other entity.
PUBLIC UTILITY
A. 
Transmission line or electric generating station; or
B. 
Water, sewer, electric, gas, telephone and television cable service line.
REFORESTATION OR REFORESTED
A. 
Creation of a biological community dominated by trees and other woody plants containing at least one hundred (100) live trees per acre, with at least fifty percent (50%) of those trees having the potential of attaining a two-inch or greater diameter measured at four and five-tenths (4.5) feet above the ground within seven (7) years; or
B. 
Establishment of a forest according to procedures set forth in Chapter 3 of the Kent County Forest Technical Conservation Manual.
C. 
Includes landscaping of areas under an approved landscaping plan establishing a forest at least thirty-five (35) feet wide and covering an area of two thousand five hundred (2,500) square feet or more.
REGULATED ACTIVITY
Any of the following activities when that activity occurs on a unit of land which is forty thousand (40,000) square feet or greater:
A. 
Subdivision.
B. 
Grading.
C. 
An activity that requires a sediment control permit.
D. 
Project plan of a state or local agency.
RETENTION
The deliberate holding and protecting of existing trees, shrubs or plants on the site according to established standards as provided in the Kent County Forest Conservation Technical Manual.
SEDIMENT CONTROL PERMIT
The authorization of an activity regulated under a sediment control plan as provided in the Environment Article, Title 4, of the Annotated Code of Maryland.
SEEDLINGS
An unbranched woody plant less than twenty-four (24) inches in height and having a diameter of less than one-half (1/2) inch measured at two (2) inches above the root collar.
SELECTIVE CLEARING
The careful and planned removal of trees, shrubs and plants using specific standards and protection measures under an approved forest conservation plan.
SITE PLAN
An accurately scaled development plan that illustrates the existing conditions on a parcel of land as well as depicting details of a proposed development.
SPECIES IN NEED OF CONSERVATION
Those fish, plants and wildlife whose continued existence is in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of the Natural Resources Article, §§ 10-2A-06 and 4-2A-04, of the Annotated Code of Maryland.
STREAM BUFFER
All lands lying with one hundred (100) feet measured from the top of each normal bank of a perennial or intermittent stream.
SUBDIVISION
Any division of a unit of land into two (2) or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership, sale, lease or development.
TIMBER HARVEST
A. 
A tree-cutting operation affecting one (1) or more acres of forest or developed woodland within a one-year interval that disturbs five thousand (5,000) square feet or more of forest floor.
B. 
Does not include grubbing and clearing of root mass.
TRACT
Property or unit of land subject to an application for a grading or sediment control permit, subdivision approval, project plan approval or areas subject to this chapter.
TREE
A large, branched woody plant having one (1) or several self-supporting stems or trunks that reach a height of at least twenty (20) feet at maturity.
VARIANCE
A. 
Relief from this chapter.
B. 
Does not mean a zoning variance.
WATERSHED
All land lying within an area described as a subbasin in water quality regulations adopted by the Department of the Environment under COMAR 26.08.02.08.
WHIP
An unbranched woody plant greater than twenty-four (24) inches in height and having a diameter of less than one (1) inch measured at two (2) inches above the root collar.
[1]
Editor's Note: Said manual is on file in the County Offices.
The following general rules of construction shall apply to the regulations of this chapter:
A. 
The singular number includes the plural, and the plural includes the singular, unless the context clearly indicates the contrary.
B. 
Words used in the present tense include the past and future tense, and the future the present.
C. 
The word "shall" is always mandatory. The word "may" is permissive.
D. 
The word "building" or "structure" includes any part thereof, and the word "structure" includes the word "building."
E. 
Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.
F. 
The word "Commission" refers to the Kent County Planning Commission, a seven-member board appointed by the County Commissioners.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
G. 
The word "Board" refers to the Board of Zoning Appeals, a three-member board appointed by the County Commissioners.
A. 
This chapter shall apply to all of the unincorporated territory of Kent County, Maryland, excluding those areas governed by the Chesapeake Bay Critical Area Protection Law (Natural Resources Article, §§ 8-1801 through 8-1816, of the Annotated Code of Maryland). It is the intent of this chapter that the extent of its applicability shall be automatically changed in accordance with the provisions of state law which may affect the applicability of the chapter.
B. 
This chapter applies, unless otherwise exempt under Subsection C of this section, to a person or organization making application for:
(1) 
Subdivision approval on units of land forty thousand (40,000) square feet or greater.
(2) 
Site plan approval on units of land forty thousand (40,000) square feet or greater.
(3) 
Grading and sediment control permits on units of land forty thousand (40,000) square feet or greater.
(4) 
Public utilities not exempt under Subsection C(4) and (5) herein.
(5) 
Agencies of county or municipal government, including public utilities and public works projects, if making application for subdivision, site plan or sediment control permits on areas forty thousand (40,000) square feet or greater.
C. 
This chapter does not apply to:
(1) 
Highway construction activities under the Natural Resources Article, § 5-103, of the Annotated Code of Maryland.
(2) 
Commercial logging and timber harvesting operations, including harvesting conducted subject to the forest conservation and management program under the Tax Property Article, § 8-211, of the Annotated Code of Maryland, that are completed:
(a) 
Before July 1, 1991.
(b) 
After July 1, 1991, on property which:
[1] 
Has not been the subject of application for a grading permit for development within five (5) years after the logging or harvesting operation; and
[2] 
Is the subject of a declaration of intent as provided for in § 185-6 of this chapter.
(3) 
Agricultural activities not resulting in a change in land use category, including agricultural support buildings and other related activities constructed using best management practices, provided that no more than forty thousand (40,000) square feet of forest is cleared within a one-year period. A person clearing forty thousand (40,000) square feet or greater of forest within a one-year period may not receive an exemption unless the person files a declaration of intent which includes:
(a) 
A statement that the landowner or the landowner's agent will practice agriculture on that portion of the property for five (5) years from the date of the declaration.
(b) 
A sketch made of the property which shows the area to be cleared.
(4) 
The cutting or clearing of public utility rights-of-way licensed under Article 78, §§ 54A and 54B or 54-I, of the Annotated Code of Maryland or land for electric generating stations licensed under Article 78, §§ 54A and 54B or 54I, of the Annotated Code of Maryland, provided that:
(a) 
Certificates of public convenience and necessity have been issued in accordance with the Natural Resources Article, § 5-1603(f), of the Annotated Code of Maryland.
(b) 
Cutting or clearing of the forest is concluded to minimize the loss of forest.
(5) 
Routine maintenance or emergency repairs of the public utility rights-of-way licensed under Article 78, § 54A or 54-I, of the Annotated Code of Maryland.
(6) 
Routine maintenance or emergency repairs of public utility rights-of-way not subject to Subsection C(4) of this section, provided that:
(a) 
The right-of-way existed prior to the effective date of this chapter; or
(b) 
The right-of-way's initial construction was approved under this chapter.
(7) 
An activity conducted on a single lot of any size, provided that the activity:
(a) 
Does not result in the cumulative cutting, clearing or grading of more than forty thousand (40,000) square feet of forest.
(b) 
Does not result in the clearing, cutting or grading of forest subject to the requirements of a previous conservation plan approved under this chapter.
(c) 
Is subject to a declaration of intent filed with the Planning Office as provided in § 185-6 of this chapter and which states that the lot will not be the subject of a regulated activity within five (5) years.
(8) 
Non-coal surface mining regulated under the Natural Resources Article, Title 7, Subtitle 6A, of the Annotated Code of Maryland.
(9) 
An activity required for the purpose of constructing a dwelling intended for the use of the owner or a child or a grandchild of the owner, if the activity:
(a) 
Does not result in the cutting, clearing or grading of more than forty thousand (40,000) square feet of forest; and
(b) 
Is the subject of a declaration of intent filed in the Planning Office as provided in § 185-6 of this chapter which states that the transfer of ownership may result in the loss of exemption.
(10) 
A real estate transfer to provide a security, leasehold or other legal or equitable interest, including a transfer of title, of a portion of a lot or parcel if:
(a) 
The transfer does not involve a change in land use or new development or redevelopment with associated land-disturbing activities.
(b) 
Both the grantor and grantee file a declaration of intent.
(11) 
A preliminary subdivision plan approved before July 1, 1991, unless the project has changed or approval expired.
A. 
The purpose of this chapter is to conserve the forest of Kent County. Forest and individual trees greatly contribute to the quality of life in Kent County, the health of the natural ecosystem and the health and welfare of the citizens of Kent County. The county's economic health depends heavily on its natural resources, of which forests are a major component.
B. 
Forested areas play a critical role in the improvement and maintenance of water, soil and air quality. In particular, forests absorb CO2, reduce local air temperatures, filter particulates, absorb gaseous pollutants, hold soil in place, improve soil permeability, filter nutrients, sediment and pollutants, prevent the heating of water in summer and rapid cooling of water in winter and provide habitat for wildlife. Forests along waterways play a particularly crucial role in maintaining water quality and a healthy aquatic community.
C. 
It is not the intent of this chapter to place unreasonable restrictions on development. Rather it aims to maximize the benefits of forest in a cooperative effort with development, thereby retaining the loss of forested land in Kent County and improving the environment of both developed and undeveloped areas.
A. 
A person making application after the effective date of this chapter for subdivision, site plan approval and clearing and grading permits for an area forty thousand (40,000) square feet or greater shall:
(1) 
Submit to the Planning Office a forest stand delineation and a forest conservation plan for the lot or parcel on which the development is located; and
(2) 
Use methods described in the Kent County Forest Conservation Technical Manual to protect retained forests and trees during construction.
B. 
State funds.
(1) 
A local agency or persons using state funds making application to conduct a regulated activity shall submit the subdivision, construction, grading or sediment control plan to the Planning Office, which shall notify the Department of Natural Resources within fifteen (15) days of receipt of the plan or project.
(2) 
Within fifteen (15) days of receipt of notice from the Planning Office, the Department of Natural Resources shall:
(a) 
Determine whether the project has impact on significant forest resources; and
(b) 
Notify the Kent County Planning Office whether the project is subject to the state program.
(3) 
If the Department of Natural Resources determines that the project is subject to the state program:
(a) 
The time limit for approval of the forest stand delineation and preliminary and final forest conservation plan shall begin when the Department receives the necessary documents from the Planning Office.
(b) 
The Planning Office may not approve a subdivision or site plan or issue the grading or sediment control permit until the Planning Office receives notice from the Department of Natural Resources that the standards and requirements of the state program have been satisfied.
(4) 
If the Department of Natural Resources determines that the project need not be reviewed under the state program, the time limit for approval of the forest stand delineation and forest conservation plan under the Kent County Plan begins when the Kent County Planning Office receives notice from the Department of Natural Resources.
A. 
The purpose of the declaration of intent is to verify that the proposed activity is exempt under the Natural Resources Article, § 5-103, of the Annotated Code of Maryland and this chapter.
B. 
A person seeking an exemption under § 185-3 of this chapter shall file a declaration of intent with the Department.
C. 
The existence of a declaration of intent does not preclude:
(1) 
An exempted activity on the property subject to a declaration of intent, if the activity:
(a) 
Does not conflict with the purpose of any existing declaration of intent; and
(b) 
Complies with the applicable requirements for an exempted activity.
(2) 
A regulated activity on the area covered by the declaration of intent, if the activity occurs within five (5) years of the effective date of the declaration of intent, in which case:
(a) 
There shall be an immediate loss of exemption; or
(b) 
There may be a noncompliance action taken by the Planning Office, as appropriate, under this chapter.
(3) 
A regulated activity on that area of the property not covered under the declaration of intent if the requirements of this chapter are satisfied.
D. 
The Planning Office may require a person failing to file a declaration of intent or found in noncompliance with a declaration of intent to:
(1) 
Meet the retention, afforestation and reforestation requirements established in §§ 185-7 and 185-8 of this chapter;
(2) 
Pay a noncompliance fee of thirty cents ($0.30) per square foot of forest cut or cleared under the declaration of intent;
(3) 
Be subject to other enforcement actions appropriate under this chapter; or
(4) 
File a declaration of intent with the Department.
E. 
In its determination of appropriate enforcement action, the Planning Office may consider whether failure to file a declaration of intent by a person required to file is a knowing violation of this chapter.
F. 
The declaration of intent is effective for five (5) years.
A. 
A simplified forest stand delineation may be submitted when no forest cover is disturbed during a construction activity and the area is under a long-term protective agreement.
B. 
A simplified forest stand delineation shall be submitted at the time of concept site plan and concept subdivision review. A simplified forest stand delineation shall be used to determine the most suitable and practical areas for conservation.
C. 
A simplified forest stand delineation shall include:
(1) 
A topographic map delineating intermittent and perennial streams and steep slopes over twenty-five percent (25%).
(2) 
A soils map delineating soils with structural limitations, such as hydric soils or soils with a soil K value greater than thirty-five hundredths (0.35) on slopes of fifteen percent (15%) or more.
(3) 
Location of one-hundred-year nontidal floodplains.
(4) 
Property boundaries.
(5) 
Map showing existing forest cover verified by field inspection.
(6) 
Other information that the Planning Office determines is necessary to implement this chapter.
D. 
The delineation shall be prepared by a licensed forester, licensed landscape architect or other qualified professional who meets the requirements of COMAR 08.19.06.01B.
A. 
A forest stand delineation (FSD) shall be submitted at preliminary site plan or subdivision review and before application for a grading and sediment control permit. A forest stand delineation shall be submitted at the application for minor site plan or minor subdivision approval unless § 185-7 of this chapter applies.
B. 
The delineation shall be prepared by a licensed forester, licensed landscape architect or other qualified professional who meets the requirements of COMAR 08.19.06.01B.
C. 
The delineation shall be used to determine the most suitable and practical areas for forest conservation.
D. 
A forest stand delineation shall include a forest stand delineation map which indicates:
(1) 
North arrow.
(2) 
Property boundaries.
(3) 
Perennial and intermittent streams and their required buffer.
(4) 
Topography.
(5) 
Soils, highlighting hydric and soils with a K value over thirty-five hundredths (.35) on slopes of fifteen percent (15%) or more.
(6) 
Current forest and unforested areas, including species, location and size of trees, and showing dominant and codominant forest types.
(7) 
Forest stand locations.
(8) 
Tree lines extending off site.
(9) 
Steep slopes.
(10) 
Field sampling points.
(11) 
Prime agricultural soils.
(12) 
Critical habitats.
(13) 
Adjacent land uses.
(14) 
Cultural features.
(15) 
Historic sites.
(16) 
Nontidal one-hundred-year floodplain.
(17) 
Nontidal wetlands.
E. 
A forest stand delineation shall include a site vicinity map at a scale of 1:2000 which indicates major roads, land uses and forest cover within a square mile of the site.
F. 
Stand summary sheets shall be permitted which include summary of the data collected at individual sampling sites, including the following:
(1) 
Dominant species and forest association.
(2) 
Site class of dominant trees.
(3) 
Total number of tree species.
(4) 
Number of trees per acre.
(5) 
Common understory species.
(6) 
Forest structure rating.
G. 
A written summary of forest stand conditions shall also be permitted which addresses:
(1) 
Stand condition.
(a) 
Stand structure (dominant species and understory species).
(b) 
Forest structure.
(c) 
Retention potential.
(d) 
Comments on evidence of past management.
(2) 
Environmental features.
(a) 
Nontidal floodplains.
(b) 
Hydric soils.
(c) 
Nontidal wetlands.
(d) 
Stream buffer.
(e) 
Critical habitats.
(f) 
Steep slopes and soils with a K value which exceeds thirty-five hundredths (.35) on slopes of fifteen percent (15%) or more.
(g) 
Cultural features.
(h) 
Historic sites.
(i) 
Adjacent land uses.
(j) 
Specimen trees and champion trees.
(3) 
Other information may be required if the Planning Office determines it is necessary to implement this chapter.
A. 
In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest on the site.
B. 
If existing forest on the site subject to a forest conservation plan cannot be retained, the applicant shall demonstrate to the satisfaction of the Planning Office:
(1) 
How techniques for forest retention have been exhausted.
(2) 
Why the priority forests and priority areas specified in Article VII of this chapter cannot be left in an undisturbed condition.
(3) 
If priority forests and priority areas cannot be left undisturbed, how the sequence for afforestation or reforestation will be followed in compliance with Article IX of this chapter.
(4) 
Where on the site in priority areas afforestation or reforestation will occur in compliance with Article IX of this chapter.
C. 
The applicant shall demonstrate to the satisfaction of the Planning Office that the requirements for afforestation or reforestation on site or off site cannot be reasonably accomplished if the applicant proposes to make a payment into the local forest conservation fund instead of afforestation or reforestation.
D. 
Nontidal wetland. A regulated activity is subject to the following requirements:
(1) 
For the purposes of delineation, permitting and mitigation, areas determined to be nontidal wetlands under COMAR 08.05.04 shall be regulated under COMAR 08.05.04 or this chapter, whichever is more stringent.
(2) 
For the purpose of calculating reforestation mitigation under this chapter, a forested nontidal wetland permitted to be cut or cleared and required to be mitigated under COMAR 08.05.04 shall be shown on the forest conservation plan and subtracted on an acre-for-acre basis from the total amount of forest to be cut or cleared as part of a regulated activity.
(3) 
Nontidal wetlands shall be considered to be priority areas for retention and replacement.
(4) 
Forested nontidal wetland identification and delineation should be included at the earliest stage of planning to assist the applicant in avoidance and reduction of impacts to the nontidal wetlands and to avoid delay in the approval process.
A. 
At the time of application for preliminary subdivision and site plan review, the applicant shall submit a preliminary forest conservation plan. The review of the forest conservation plan shall be concurrent with the review of the preliminary subdivision or site plan. A preliminary forest conservation plan shall be prepared by a licensed landscape architect, licensed forester or other qualified professional who meets the requirements of COMAR 08.19.06.01B.
B. 
The preliminary forest conservation plan shall include:
(1) 
The approved forest stand delineation.
(2) 
A table listing:
(3) 
Net tract area.
(4) 
The area of forest conservation required.
(5) 
The area of forest conservation, both on and off site, provided by the developer.
(6) 
Afforestation and reforestation plan.
(7) 
Plat, drawn at the same scale as the preliminary plan, which indicates:
(8) 
Areas designated for forest retention.
(9) 
Areas designated for reforestation.
(10) 
Areas designated for afforestation.
(11) 
Limits of disturbance.
(12) 
Stockpile areas.
(13) 
Construction schedule, showing the sequence of forest conservation.
(14) 
Two-year maintenance agreement.
(15) 
A narrative on how the general provisions found in § 185-9 of this chapter have been addressed.
(16) 
Forest conservation worksheet.
(17) 
Other information the Planning Office determines is necessary to implement this chapter.
C. 
The preliminary forest conservation plan may be modified during the review process.
A. 
A final conservation plan shall be submitted with:
(1) 
Minor and final subdivision plan.
(2) 
Minor and final site plan.
(3) 
Application for a grading and sediment control permit.
B. 
The final forest conservation plan shall be prepared by a licensed forester, licensed landscape architect or other qualified professional who meets the requirements of COMAR 08.19.06.01B.
C. 
A final forest conservation plan shall include:
(1) 
The approved forest stand delineation.
(2) 
A forest conservation worksheet. A worksheet and instructions for its completion may be found in the Forest Conservation Manual.
D. 
A forest conservation map which clearly indicates the following:
(1) 
Forest retention areas (with priority rating).
(2) 
Reforestation areas.
(3) 
Afforestation areas.
(4) 
Protective devices, including specifications.
(5) 
Limits of disturbance.
(6) 
Stockpile areas.
E. 
Construction schedule, including the sequence of reforestation areas, afforestation areas, maintenance and protective measures to be employed at the site.
F. 
Forest protection plan which addresses:
(1) 
Preconstruction activities, including stress reduction and temporary and permanent protective devices.
(2) 
Future protection measures.
G. 
Reforestation and afforestation plans, which include:
(1) 
Narrative evaluation of sequential analysis of reforestation and afforestation methods.
(2) 
Planting plan which includes:
(a) 
Summary of site assessment and preparation.
(b) 
Target species for reforestation.
(c) 
Plant materials table, including plant material source, species, number of plants and size of plants, using the methods found in the Forest Technical Manual to determine species selection, plant material selection and site stocking.
H. 
A two-year maintenance agreement which includes:
(1) 
Watering plans.
(2) 
Fertilizing plans.
(3) 
Control of competing vegetation.
(4) 
Protection from disease, pest and mechanical injury.
(5) 
Replanting provisions when survival goal falls below acceptable levels.
(6) 
Name of company or individual responsible for tree care.
I. 
Long-term binding protective agreement, as specified in the Kent County Policy Document, that:
(1) 
Provides protection for areas of forest conservation, including areas of afforestation, reforestation and retention; and
(2) 
Limits uses in areas of forest conservation to those uses designated and consistent with forest conservation, including recreational activities and forest management practices used to preserve forest.
J. 
A narrative on how the general provisions found in § 185-9 of this chapter have been addressed.
K. 
Table listing:
(1) 
Net tract area.
(2) 
Area of forest conservation required.
(3) 
Area of forest conservation provided both on and off site.
L. 
Other information required by the Planning Office which is necessary to implement this chapter.
A. 
Afforestation shall be conducted in accordance with the following:
(1) 
A tract having less than twenty percent (20%) of the net tract area in forest cover shall be afforested up to at least twenty percent (20%) of the net tract area in the Agricultural and Rural Residential Zoning Districts.
(2) 
A tract with less than fifteen percent (15%) of its net tract area in forest cover shall be afforested up to at least fifteen percent (15%) of the net tract area in the Village, Crossroads Commercial, Industrial and Planned Industrial Zoning Districts and Affordable Housing Districts.
B. 
When cutting into forest cover that is currently below the afforestation percentages described Subsection A of this section:
(1) 
The required afforestation level shall be determined by the amount of forest existing before cutting or clearing begins.
(2) 
Forest cut or cleared below the required afforestation level shall be reforested or afforested at a two-to-one ratio and added to the amount of afforestation necessary to reach the minimum required afforestation level.
The following trees, shrubs, plants and specific areas are considered priority for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the Planning Office, that reasonable efforts have been made to protect them and the plan cannot be reasonably altered:
A. 
Trees, shrubs and plants located in sensitive areas, including the nontidal one-hundred-year floodplain, intermittent and perennial stream buffers, steep slopes, nontidal wetlands and critical habitats.
B. 
Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site.
C. 
Trees, shrubs and plants determined to be a species in need of conservation or rare, threatened or endangered under:
(1) 
The Federal Endangered Species Act of 1973 in 16 U.S.C. §§ 1531 through 1544 and in 50 CFR Part 17.
(2) 
The Maryland Nongame and Endangered Species Conservation Act, the Natural Resources Article, §§ 10-2A-01 through 10-2A-09, of the Annotated Code of Maryland.
(3) 
COMAR 08.03.08.
D. 
Trees that:
(1) 
Are part of a historic site.
(2) 
Are associated with a historic structure.
(3) 
Have been designated by the state or the county as a national, state or county champion tree.
E. 
Any tree having a diameter measured at four and five-tenths (4.5) feet above the ground of:
(1) 
Thirty (30) inches or more; or
(2) 
Seventy-five (75%) or more of the diameter, measured at four and five-tenths (4.5) feet above the ground, of the current state champion tree of that species as designated by the Department of Natural Resources.
A. 
There is a forest conservation threshold established for all land use categories, as provided in Subsection B of this section. The forest conservation threshold means the percentage of the net tract area at which the reforestation requirement changes from a ratio of one-fourth (1/4) acre planted for each acre removed above the threshold to a ratio of two (2) acres planted for each acre removed below the threshold.
B. 
After reasonable efforts to minimize the cutting or clearing of trees and other woody plants have been exhausted, the forest conservation plan shall provide for reforestation or payment into the forest conservation fund, according to the formula set forth herein and consistent with § 185-9 of this chapter and the following forest conservation thresholds for the land zoned as follows:
Zoning District
Threshold Percentage
Agricultural
50
Rural Residential
25
Village and Affordable Housing
20
Crossroads Commercial
15
Industrial and Planned Industrial
15
C. 
Calculations.
(1) 
For all existing forest cover measured to the nearest one-tenth (1/10) acre cleared on the net tract area above the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of one-fourth (1/4) acre planted for each acre removed.
(2) 
Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under Subsection A of this section. The calculation of the credit shall be according to the criteria provided in the Kent County Forest Conservation Technical Manual.
(3) 
For all existing forest cover measured to the nearest one-tenth (1/10) acre cleared on the net tract area below the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of two (2) acres planted for each acre removed below the threshold and at a ratio of one-fourth (1/4) acre planted for each acre removed above the threshold.
A. 
After techniques for retaining existing forest on the site have been exhausted, the preferred sequence for afforestation and reforestation is as follows:
(1) 
Selective clearing and supplemental planting on site.
(2) 
On-site afforestation or reforestation, if economically feasible, using transplanted or nursery stock that is greater than one and five-tenths (1.5) inches in diameter measured at four and five-tenths (4.5) feet above the ground.
(3) 
On-site afforestation or reforestation, using whip and seedling stock.
(4) 
Landscaping of areas under an approved landscaping plan which establishes a forest that is at least thirty-five (35) feet wide and covering two thousand five hundred (2,500) square feet or more of area.
(5) 
Off-site afforestation or reforestation, using transplanted or nursery stock that is greater than one and five-tenths (1.5) inches in diameter measured at four and five-tenths (4.5) feet above the ground.
(6) 
Off-site afforestation or reforestation, using whip and seedling stock.
(7) 
Natural regeneration on site.
(8) 
Natural regeneration off site.
B. 
A sequence other than the one described herein may be used for a specific project, if necessary, to achieve the objectives of the county land use plan or county land use policies or to take advantage of opportunities to consolidate forest conservation efforts.
C. 
The following are considered a priority for afforestation and reforestation:
(1) 
To establish or enhance forest buffers adjacent to intermittent and perennial streams to widths of at least one hundred (100) feet.
(2) 
To establish or enhance nonforested areas on nontidal one-hundred-year floodplains, when appropriate.
(3) 
To establish or increase existing forested corridors to connect existing forests within or adjacent to the site, and, where practical, forested corridors should be a minimum of three hundred (300) feet in width to facilitate wildlife movement.
(4) 
To establish or enhance forest buffers adjacent to critical habitats where appropriate.
(5) 
To establish plantings to stabilize slopes of twenty-five percent (25%) or greater and slopes of fifteen percent (15%) or greater with a soil K value greater than thirty-five hundredths (0.35), including the slopes of ravines or other natural depressions.
(6) 
To establish forest areas adjacent to existing forests to increase the overall area of contiguous forest cover, when appropriate.
(7) 
To establish buffers adjacent to areas of a differing land use or adjacent to highways or utility rights-of-way.
(8) 
To use native plant materials for afforestation or reforestation, when appropriate.
D. 
A person required to conduct afforestation or reforestation under this section shall accomplish it within one (1) year or two (2) growing seasons, whichever is a greater time period, following development project completion.
A. 
There is established a forest conservation fund in Kent County.
B. 
If a person subject to this chapter demonstrates to the satisfaction of the Planning Office that requirements for reforestation or afforestation on site or off site cannot be reasonably accomplished, the person shall contribute money, at a rate of ten cents ($0.10) per square foot of the area of required planting, into the county forest conservation fund.
C. 
Money contributed instead of afforestation or reforestation under this chapter shall be paid prior to final approval.
D. 
The county shall accomplish the reforestation or afforestation for which the money is deposited within one (1) year or two (2) growing seasons, whichever is a greater time period, after receipt of the money.
E. 
Money contributed under this chapter shall remain in the account for a period of one (1) year or two (2) growing seasons, whichever is a greater time period. At the end of that time, any part that has not been used to meet the afforestation or reforestation requirements shall be returned to the person who provided the money.
F. 
Money deposited in the local forest conservation fund:
(1) 
May be spent on the costs directly related to reforestation and afforestation, including site identification, acquisition and preparation.
(2) 
Shall be deposited in a separate forest conservation fund.
(3) 
May not revert to the general fund.
G. 
Sites for afforestation or reforestation using fund money.
(1) 
Except as provided herein, the reforestation or afforestation requirement under this chapter shall occur in the county and watershed in which the project is located.
(2) 
If the reforestation or afforestation cannot be reasonably accomplished in the county and watershed in which the project is located, then the reforestation or afforestation shall occur in the county or watershed in the state in which the project is located.
A. 
Tree species used for afforestation or reforestation shall be native to the county, when appropriate, and selected from a list of approved species established by the Planning Office.
B. 
The Planning Office shall adopt a list of tree species to be used for any required afforestation or reforestation and incorporate it into the Forest Conservation Technical Manual.
A. 
Protective device standards are found in the Forest Conservation Technical Manual.
B. 
Before cutting, clearing, grading or construction begins on a site, the applicant shall demonstrate to the Planning Office that protective devices have been established.
A. 
Submission.
(1) 
A forest stand delineation shall be submitted prior to application for a grading and sediment control permit, minor site plan, minor subdivision and preliminary site and subdivision plan.
(2) 
A simplified forest stand delineation shall be submitted at concept site and subdivision plan review and, where applicable, for minor subdivisions, site plans, grading and sediment control permits.
(a) 
Within thirty (30) calendar days after receipt of the forest stand delineation, the Planning Office shall notify the applicant whether the forest stand delineation is complete and correct.
(b) 
If the Planning Office fails to notify the applicant within thirty (30) days, the delineation shall be treated as complete and correct.
(c) 
The Planning Office may require further information or provide for an additional fifteen (15) calendar days under extenuating circumstances.
(d) 
An approved forest stand delineation shall remain in effect for no more than five (5) years and only if the conditions on the site have not changed since approval.
B. 
Forest conservation plan.
(1) 
A preliminary forest conservation plan shall be submitted with the preliminary subdivision or site plan. It shall be reviewed concurrent with the preliminary plan and may be modified during the review process.
(2) 
A final conservation plan shall be submitted with minor subdivision applications, final site and subdivision plan and application for a grading and sediment control permit.
(3) 
The Planning Office review of a final forest conservation plan shall be concurrent with the review of the final plan or permit.
(4) 
Within forty-five (45) calendar days after receipt of the final forest conservation plan, the Planning Office shall notify the applicant whether the forest conservation plan is complete and approved.
(5) 
If the Planning Office fails to notify the applicant within forty-five (45) days, the final conservation plan shall be treated as complete and correct.
(6) 
The Planning Office may require further information or extend the deadline for an additional fifteen (15) calendar days under extenuating circumstances.
(7) 
At the request of the applicant, the Planning Office may extend the deadline under extenuating circumstances.
A. 
A person required to conduct afforestation or reforestation under this chapter shall furnish financial security in the form of a bond, an irrevocable letter of credit or other security approved by the Planning Office. The surety shall:
(1) 
Assure that the afforestation, reforestation and the associated maintenance agreement are conducted and maintained in accordance with the approved forest conservation plan.
(2) 
Be in an amount that is one hundred twenty-five percent (125%) of the estimated cost, as determined by the Planning Office, of afforestation and reforestation.
(3) 
Be in a form and of a content approved by the Planning Office.
B. 
After one (1) growing season, the applicant may request reduction of the amount of the bond or other financial security by submitting a written request to the Planning Office with a justification for reducing the bond or other financial security amount, including estimated or actual costs to ensure that afforestation or reforestation requirements are met.
C. 
The Planning Office shall determine whether a lesser amount is sufficient to cover the cost of afforestation or reforestation, taking into account the following:
(1) 
The number of acres.
(2) 
The proposed method of afforestation or reforestation.
(3) 
The cost of planting materials or replacement materials.
(4) 
The cost of maintenance of the afforestation or reforestation project.
(5) 
Other relevant factors.
D. 
If, after two (2) growing seasons, the plantings associated with the afforestation or reforestation meet or exceed the standards of the Kent County Forest Conservation Technical Manual, the amount of the cash bond, letter of credit, surety bond or other security shall be returned or released.
A. 
The Kent County Zoning Board of Appeals may grant requests for a variance from the provisions of this chapter if it is demonstrated that strict application of this chapter would result in unwarranted hardship.
B. 
An applicant for a variance shall:
(1) 
Describe the special conditions peculiar to the property which would cause the unwarranted hardship.
(2) 
Describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas.
(3) 
Verify that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants.
(4) 
Verify that the variance request is not based on conditions or circumstances which are the result of actions by the applicant.
(5) 
Verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property.
(6) 
Verify that the granting of a variance will not adversely affect water quality.
C. 
The Board shall make findings that the applicant has met the requirements as set forth above before the Department of Natural Resources may grant a variance.
D. 
Notice of a request for a variance shall be given to the Department of Natural Resources within fifteen (15) days of receipt of a request for a variance.
E. 
There is established by this chapter the right and authority of the Department of Natural Resources to initiate or intervene in an administrative, judicial or other original proceeding or appeal in the state concerning an approval of a variance under this chapter.
A. 
The Director of Planning and Zoning Administration may revoke an approved forest conservation plan if he finds that:
(1) 
A provision of the plan has been violated;
(2) 
Approval of the plan was obtained through fraud, misrepresentation, a false or misleading statement or omission of a relevant or material fact; or
(3) 
Changes in the development or in the condition of the site necessitate preparation of a new or amended plan.
B. 
The Director of Planning and Zoning Administration may issue a stop-work order against a person who violates a provision of this chapter or a regulation order, approved forest conservation plan or maintenance agreement.
C. 
Before revoking approval of a forest conservation plan, the Director of Planning and Zoning Administration shall notify the violator, in writing, and provide an opportunity for a hearing.
A. 
A person found to be in noncompliance with this chapter, regulations adopted under this chapter, the forest conservation plan or the associated two-year maintenance agreement shall be assessed by the Planning Office the penalty of thirty cents ($0.30) per square foot of the area found to be in noncompliance with required forest conservation.
B. 
Noncompliance fees shall be deposited in the forest conservation fund as required by § 185-16 of this chapter and may be used by the county for purposes related to implementing this chapter.
A. 
In addition to the provisions under § 185-23, Noncompliance fees, of this chapter, a person who violates a provision of this chapter or a regulation or order adopted or issued under this chapter shall be guilty of a misdemeanor and liable for a penalty not less than one hundred dollars ($100.) nor to exceed one thousand dollars ($1,000.) or imprisonment for not more than six (6) months, or both, which may be recovered in a civil action brought by the Director of Planning and Zoning Administration.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Each day a violation continues is a separate violation.
C. 
The Director of Planning and Zoning Administration may seek an injunction requiring the person to cease violation of this chapter and take corrective action to restore or reforest an area.