[HISTORY: Adopted by the Board of County
Commissioners of Queen Anne's County 1-6-2004. Amendments noted where applicable.]
B.
Additional definitions.
(2)
AFFORESTATION
(a)
(b)
(c)
(d)
AGRICULTURAL ACTIVITY
AGRICULTURAL TRANSFER
APPLICANT
APPROVED FOREST MANAGEMENT PLAN.
BUILDING ENVELOPE
CALIPER
CHAMPION TREE
COMMERCIAL LOGGING OR TIMBER HARVESTING OPERATIONS
CRITICAL HABITAT AREA
(a)
(b)
(c)
CRITICAL HABITAT FOR ENDANGERED SPECIES
DECLARATION OF INTENT
(a)
(b)
(c)
DEVELOPMENT PROJECT
DEVELOPMENT PROJECT COMPLETION
FOREST
FOREST CONSERVANCY DISTRICT BOARD
FOREST CONSERVATION
FOREST CONSERVATION AND MANAGEMENT AGREEMENT
FOREST CONSERVATION PLAN (FCP)
FOREST CONSERVATION TECHNICAL MANUAL
FOREST COVER
FOREST MANAGEMENT PLAN
FOREST MITIGATION BANK
FOREST MITIGATION BANK AGREEMENT
FOREST MITIGATION BANK PLAN
FOREST STAND DELINEATION (FSD)
GROWING SEASON
INTERMITTENT STREAM
LANDSCAPING PLAN
LINEAR PROJECT
LOCAL CONSERVATION FUND
LOT
MAINTENANCE AGREEMENT
MINOR SUBDIVISION
MONOCULTURE
NATURAL REGENERATION
NET TRACT AREA
(a)
(b)
(c)
(d)
NONTIDAL WETLANDS
(a)
[1]
[2]
(b)
OFF-SITE
ON-SITE
100-YEAR FLOOD
100-YEAR FLOODPLAIN
PERENNIAL STREAM
PERSON
REFORESTATION or REFORESTED
(a)
(b)
(c)
REGULATED ACTIVITY
RETENTION
ROOT COLLAR
SEDIMENT CONTROL PERMIT
SEEDLING
SELECTIVE CLEARING
SUBDIVISION
TIMBER HARVESTING
TRACT or TOTAL TRACT AREA
(a)
(b)
TREE
VARIANCE
WATERSHED
WOODY PLANT
Afforestation.
Establishment of a forest on an area from which
forest cover has been absent for a long period of time; or
Planting of trees in an open area that is not
presently in forest cover; or
Adding additional tree stock to meet required
afforestation thresholds; or
Establishment of a forest according to procedures
set forth in the Forest Conservation Technical Manual.
The transfer of land currently involved
in agricultural activities in which the purchaser is willing to promise
to keep the land in agricultural use for five full
taxable years after the transfer.
A person who:
(See also "forest management plan.") A document:
A portion of a single-family lot that may
be disturbed for development and that is not dedicated to agricultural
activities.
The diameter measured two inches above the root collar.
The largest tree of its species within the United States,
the state, the County, or a municipal corporation.
The cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.
A critical habitat for endangered species and its surrounding
protection area. A critical habitat area shall:
Be likely to contribute to the long-term survival
of the species;
Be likely to be occupied by the species for
the foreseeable future; and
Constitute habitat of the species which is considered
critical under § 4-2A-06 or 10-2A-06 of the Natural Resources
Article, Annotated Code of Maryland.
A habitat occupied by an endangered species as determined
or listed under § 4-2A-04 or 10-2A-04 of the Natural Resources
Article, Annotated Code of Maryland.
A signed and notarized statement by a landowner or the landowner's
agent (when appropriate) certifying that the activity on the landowner's
property:
Is, for certain activities, exempted under this Chapter 18:2 or Natural Resources Article, §§ 5-103 and 5-1601 through 5-1612, Annotated Code of Maryland;
Does not circumvent the requirements of this Chapter 18:2 or Natural Resources Article, §§ 5-103 and 5-1601 through § 5-1612, Annotated Code of Maryland; and
Does not conflict with the purposes of any other
declaration of intent.
For the purposes of afforestation, reforestation, or payment
into the Local Conservation Fund:
The forestry board created for each state forestry conservancy
district as provided in Title 5, Subtitle 6, of the Natural Resources
Article, Annotated Code of Maryland.
The retention of existing trees or forest or the creation
of new forest or planted areas at the conservation or afforestation
levels set by the state or by the Department.
An agreement as provided under § 8-211 of the Tax
- Property Article, Annotated Code of Maryland and COMAR 08.07.03.
A plan approved by the Department.
The Queen Anne's County Forest Conservation Technical Manual
used to establish standards of performance required in preparing forest
stand delineations and forest conservation plans.
An area of a site meeting the definition
of “forest.”
A plan that establishes best conservation and management
practices to guide a property owner in the assessment
of the resource value of the forested property.
The intentional restoration or creation of forests undertaken
expressly for the purpose of providing credits for afforestation or
reforestation requirements with enhanced environmental benefits from
future activities.
An agreement, entered into by an individual owning a forest
mitigation bank and the Department, which commits
the mitigation banker to certain procedures and requirements when
creating and operating the forest mitigation bank.
A plan submitted for approval of a forest mitigation bank
to the Department by an individual proposing to establish
a forest mitigation bank.
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in the
Forest Conservation Technical Manual.
The period of consecutive frost-free days as stated in the
current soil survey for the County published by the
National Cooperative Soil Survey Program.
A stream in which surface water is absent during a portion
of the year as shown on the most recent 7.5 minute topographic quadrangle
maps published by the United States Geological Survey or as confirmed
by field verification.
A plan:
A project whose configuration is elongated with nearly parallel
sides and used to transport a utility product or public service not otherwise contained in an application for subdivision or site plan, such as electricity, gas, water,
sewer, communications, trains, and vehicles. Linear projects may transverse
fee simple properties through defined boundaries or through easement rights.
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 without an approved forest stand delineation
and forest conservation plan.
A signed, short-term management agreement associated with afforestation or reforestation plans required under this Chapter 18:2 and § 5-1605 of the Natural Resources Article, Annotated Code of Maryland.
The division or redivision of land, including the creation
of any required easements or rights-of-way, into
no more than five lots.
A planting of a single species of trees (usually pine) over
an area one acre in size or larger.
The natural establishment of trees and other vegetation with
at least 400 woody, free-to-grow seedlings per acre, that are capable of reaching a height of at least 20 feet at maturity.
Except in agricultural activity areas or linear
projects areas, the total area of a site, including
both forested and nonforested areas, to the nearest .1 acre reduced by that area where forest clearing is restricted by another
local ordinance or program;
In agricultural activity areas, the portion
of the total tract for which land use will be changed or will no longer be used for primarily agricultural
activities reduced by that area where forest clearing is restricted
by another local ordinance or program;
Net tract can also be interpreted as the portion
of the total tract for which land use will be changed, plus all the forested area within the total
tract area which is outside of the boundaries of the newly
proposed lot(s).
An area that is:
Inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and under normal
conditions does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, commonly known as “hydrophytic
vegetation”; and
Considered a nontidal wetland in accordance with the publication known as the "Federal Manual for
Identifying and Delineating Jurisdictional Wetlands," published in
1987 and as may be amended and interpreted by the U.S. Environmental
Protection Agency.
"Nontidal wetlands" do not
include tidal wetlands regulated under Title 16 of
the Environment Article, Annotated Code of Maryland.
The area outside the boundaries of a tract of land.
The area within the boundaries of a tract of land, including any area classified as a 100-year floodplain.
A flood that has a 1% 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 of less than 400 acres is excluded.
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 100-year frequency storm event or a 100-year flood.
[Added 9-7-2004 by Ord. No. 04-34]
A stream containing surface water throughout an average rainfall
year, as shown on the most recent 7.5 minute topographic quadrangle
maps (scale: 1 to 24,000) published by the United States Geological
Survey or as confirmed by field verification.
An individual, or the federal government, the state, a county,
municipal corporation, any other political subdivision of the state,
or any of their units.
The creation of a biological community dominated
by trees and other woody plants containing at least 100 live trees
per acre with at least 50% of those trees having
the potential of attaining a two-inch or greater diameter measured
at 4.5 feet above the ground, within seven years; or
The establishment of a forest according to procedures
set forth in the Forest Conservation Technical Manual.
Includes the landscaping of areas if the landscaping
is part of a reforestation plan approved by the Planning Director.
Any of the following activities when the activity occurs
on a unit of land that is 40,000 square feet or more in size:
The deliberate holding and protecting of existing trees,
shrubs, or plants on a site according to established
standards as provided in the Forest Conservation Technical Manual.
The transition zone between stem and root at the ground line
of a tree or seedling.
The authorization of an activity regulated under a sediment
control plan as provided in Title 4 of the Environment Article, Annotated
Code of Maryland.
An unbranched woody plant, less than 24 inches in height
and having a caliper of less than 1/2 inch, measured
at two inches above the root collar.
The careful and planned removal of trees, shrubs, and plants
using specific standards and protection measures under an approved
forest conservation plan.
Any division or redivision of a parcel of land into two or
more lots or parcels for the purpose, whether immediate
or future, of transfer of ownership, sale, lease, or development.
A property or unit of land that is subject to
an application for a grading or sediment control permit, subdivision approval, project plan approval, or areas subject to this Chapter 18; or
The area of a Master Plan, planned unit development,
or phased development plan subject to an application
for grading or sediment and erosion control plan approval.
A large, branched woody plant having one or several self-supporting
stems or trunks that reach a height of at least 20 feet at maturity.
All land lying within an area described as a subbasin as
provided in the water quality regulations adopted by the State Department
of the Environment under COMAR 26.08.02.08.
A.
In general. The intent of the Queen Anne's County
Forest Conservation Program is to ensure that high-quality forested
areas are retained and appropriate areas afforested by requiring consideration
and protection of forest resources early in the design phase of development
projects located outside of the Chesapeake Bay Critical Area.
B.
Required under state law. The regulations in this Chapter 18:2 have been developed for the purpose of implementing the Queen Anne's County Forest Conservation Program as required under Title 5, Subtitle 16, of the Natural Resources Article, Annotated Code of Maryland. The goal of the regulations is to minimize the overall loss of forested areas due to development activities that result in land use change.
A.
In general. Except as provided in Subsection B of this section, the regulations set forth in this Chapter 18:2 apply to:
(1)
A person applying for a major
or minor subdivision (other than an administrative
subdivision), major or minor site plan,
grading permit, or sediment control permit on a tract of land that is 40,000 square feet or greater in size;
(3)
A local government agency, including
a public utility or public works project, applying
for a major or minor subdivision, (other than an administrative subdivision), major or minor site
plan, grading permit, or sediment control permit on tracts of land 40,000 square feet or greater in size.
B.
Exemptions. The regulations set forth in this Chapter 18:2 do not apply to the following:
(1)
A highway construction activity that is subject to
the requirements of § 5-103 of the Natural Resources Article,
Annotated Code of Maryland.
(2)
Areas governed by the Chesapeake Bay Critical
Area protection laws, Title 8, Subtitle 18, of the Natural
Resources Article, Annotated Code of Maryland.
(3)
Commercial logging and timber harvesting operations,
including timber harvesting that:
(a)
Is subject to the forest conservation and management
program under § 8-211 of the Tax - Property Article, Annotated
Code of Maryland;
(b)
Is completed after January 1, 1991;
(c)
Is conducted on property that is not the subject
of an application for a grading permit for development within five
years after the logging or harvesting operation; and
(4)
Agricultural activities, including the construction
of agricultural support buildings and other related structures using accepted best management practices, provided that if an activity results in the clearing of 40,000 square feet or more of forest within a one-year period a declaration of intent as provided in § 18:2-8 of this Chapter 18:2 and a sketch map of the property which shows the area to be cleared are required to be submitted. Agricultural activities do not include the construction of a dwelling or the building envelope associated with any newly constructed dwelling on a newly proposed lot.
(5)
The cutting or clearing of public utility rights-of-way for the construction of generating stations or overhead
transmission lines as provided in 54A and 54B of Article 78, Annotated
Code of Maryland, or for the modification of electric generating stations
as provided in 54-I of Article 78, Annotated Code of Maryland,[1] provided that:
(a)
Required certificates of public convenience
and necessity have been issued in accordance with 54A and 54B or 54-I
of Article 78, Annotated Code of Maryland; and
(b)
Cutting and clearing of the forest is conducted
to minimize the loss of forest.
[1]
Editor's Note: Article 78 was repealed by
the Acts of 1998, c. 8, § 1, effective 10-1-1998. See now
§§ 7-207, 7-208, and 7-205, respectively, of the Public
Utility Companies Article, Annotated Code of Maryland.
(6)
Routine maintenance or emergency repairs of rights-of-way
by a public utility that is licensed under Article
78, Annotated Code of Maryland.[2]
[2]
Editor's Note: Article 78 was repealed by
the Acts of 1998, c. 8, § 1, effective 10-1-1998. See now
the Public Utility Companies Article, Annotated Code of Maryland.
(8)
(9)
Strip mining or deep mining of coal regulated under
Title 15, Subtitles 5 and 6, of the Environment Article, Annotated
Code of Maryland.
(10)
Noncoal surface mining regulated under Title
15, Subtitle 8, of the Environment Article, Annotated Code of Maryland.
(11)
An activity required for the purpose of constructing
a dwelling intended for the use and occupation of
the owner, a child, grandchild, stepchild, brother, sister, stepbrother,
stepsister, aunt, uncle, niece, or nephew of the owner, or a parent,
stepparent, or grandparent of the owner, provided that the activity:
(12)
A subdivision that has received
preliminary approval of a grading or sediment control plan before
January 1, 1991.
(13)
Any minor site plan or minor subdivision that:
[Amended 9-7-2004 by Ord. No. 04-34]
(a)
Does not result in the cutting, clearing, or
grading of more than 40,000 square feet of forest;
(b)
Does not result in the cutting, clearing, or grading of a forest that is subject to the requirements of a previous forest conservation plan approved under this Chapter 18:2; and
(c)
Meets minimum afforestation threshold requirements
and protects the minimum afforestation threshold requirements through
protective signage and long-term protective agreements.
(14)
An administrative subdivision, an agricultural transfer, a title transfer, or other real estate
transfer to provide security, a leasehold, or other legal or equitable
interest, provided that:
(15)
Land surveys involving limited clearing necessary
for the location of property lines or other points necessary for the
preparation of submittal material.
A.
Approval by Department of Natural Resources. The regulations in this Chapter 18:2 may be amended as required. All amendments to the regulations are subject to the approval of the Department
of Natural Resources.
B.
Procedure. The following procedure is established
for the submission, review, and approval of amendments to these regulations:
(1)
The Department, either on its own
initiative or at the request of a third person, may
develop amendments to the regulations. A proposed amendment shall be submitted by the Department to the Planning Commission for its review at its
regularly scheduled monthly public meeting.
(2)
The Planning Commission shall develop
a recommendation on the amendment. The Planning
Commission shall recommend approval only if the amendment complies with the intent of the state forest conservation laws,
Title 5, Subtitle 16, of the Natural Resources Article, Annotated
Code of Maryland.
(3)
Upon a favorable recommendation, the amendment shall be submitted to the Forestry Division of the Department of
Natural Resources for its review and approval.
(4)
Upon approval by the Forestry Division of the Department
of Natural Resources, the amendment shall be submitted
to the County Commissioners for adoption. The proposed amendment shall be advertised in accordance with the current
procedures for amendments to Chapter 18:1 of this Chapter 18. The County Commissioners shall provide
concerned persons an opportunity to make comments
on the amendment at a regularly scheduled public
meeting. If additional changes to the Department of Natural Resources
approved amendment are requested by the County
Commissioners, those changes must also be approved by the
Department of Natural Resources prior to adoption.
An individual may be approved by the Department as a qualified professional if the individual
is approved as a qualified professional by the Department of Natural
Resources.
A.
Forest conservation plan. Unless exempt under § 18:2-4B of this Chapter 18:2, a person that makes an application
for subdivision, site plan, a grading
permit, or a sediment control permit for a tract of
land of 40,000 square feet or more shall:
(1)
Submit to the Department a forest
stand delineation (FSD) and a forest conservation plan (FCP), as provided
in the Forest Conservation Technical Manual, for the lot or parcel on which the development is located; and
(2)
Use methods approved by the Department, as provided in the Forest Conservation Technical Manual, to protect
retained forests and trees during construction.
B.
Local government agency. If a local
government agency or person using
state funds makes an application to conduct a regulated activity,
the provisions of COMAR 08.19.04.01D through G apply.
A.
Purpose. The purpose of the declaration of intent is to verify that certain proposed activities are exempt from this Chapter 18:2.
B.
Statement required. A declaration of intent is required for exempted activities described in § 18:2-4B(3), (4), and (11) of this Chapter 18:2.
E.
Intrafamily transfer. A person seeking an exemption for intrafamily transfer as described in § 18:2-4B(11) of this Chapter 18:2 shall file a declaration of intent with the Department.
F.
Period of effectiveness. A declaration of intent is
effective for five years.
G.
Contents of statement for commercial logging and agricultural
activities. The declaration of intent shall stipulate that the clearing
of forest is exclusively related to exempted agricultural or commercial
logging and timber harvesting activities and that any future activity
on the site within five years that is not related
to exempted agriculture or commercial logging and timber harvesting activities shall be conducted in full compliance with the provisions of this Chapter 18:2.
H.
Contents of statement for intrafamily transfer. The
declaration of intent shall stipulate that the intrafamily transfer
is for the express purpose of constructing a dwelling for the use and occupation of the owner, a child or a grandchild,
stepchild, brother, sister, stepbrother, stepsister, aunt, uncle,
niece, or nephew of the owner, or a parent, stepparent, or grandparent
of the owner and shall identify that specific relationship between
current owner and future owner of the newly created lot. The declaration shall also stipulate that no more than 40,000 square feet of forest will be cut, cleared, or graded and that any and all activity occurring on site will be conducted in accordance with Chapter 18:1.
C.
Standard FSD timing and contents.
(1)
A standard FSD shall be submitted prior to or during
the initial stages of subdivisionor site
plan, before a grading permit application or before a sediment
control application is approved for the tract being
developed as scheduled in the Forest Conservation Technical Manual
in order to determine the most suitable and practical areas for forest
conservation.
D.
Simplified FSD. A simplified FSD may be submitted
for projects not otherwise exempt when no forest currently exists
on site or when no forest cover will be disturbed during a construction
activity and is designated to be under a long-term protective agreement.
The simplified FSD shall contain the information required by the Forest
Conservation Technical Manual and any other information the Department determines is necessary to implement this Chapter 18:2. A simplified FSD may be submitted with a forest conservation plan and both may be placed on a single plat page, when appropriate.
E.
Period of effectiveness. An approved FSD shall remain
in effect for a period not longer than five years.
F.
Timing of review.
(1)
Within 30 calendar days after receipt of the FSD,
the Department shall notify the applicant whether the FSD is complete and correct.
(2)
If the Department fails to notify
the applicant within 30 days, the FSD shall be treated
as complete and correct.
(3)
The Department may require further
information or extend the deadline for an additional 15 calendar days
under extenuating circumstances, in which case the Department shall notify the applicant at least five days prior
to the end of the thirty-day deadline.
A.
In general.
(1)
In developing a forest conservation plan (FCP), the applicant shall give priority to techniques for retaining
existing forest on the site.
(2)
(3)
If the applicant proposes to make
a fee-in-lieu payment into the Local Conservation Fund or to purchase
credits from a forest mitigation bank, the applicant shall demonstrate to the satisfaction of the Department that the requirements for afforestation or reforestation on site
or off site cannot be reasonably accomplished. Fee-in-lieu payment
into the Local Conservation Fund or the purchase of credits from a
forest mitigation bank may be used in very limited instances, to be
determined by the Planning Director on a case-by-case basis in accordance with § 18:2-15 of this Chapter 18:2.
(4)
Wetlands. A regulated activity within the net tract area that occurs wholly or partly in areas regulated
as nontidal wetlands under Title 5, Subtitle 9, of
the Environment Article, Annotated Code of Maryland and COMAR 08.05.04
is subject to the nontidal wetlands regulatory requirements, the requirements of this Chapter 18:2, and conditioned on the following:
(a)
Any area of forest in the net tract
area, including forest in nontidal wetlands that is retained, shall be counted towards forest conservation requirements under this Chapter 18:2.
(b)
Nontidal wetlands and their
buffers shall be considered to be priority areas for retention and
replacement.
B.
Guidelines for plan.
(2)
An FCP shall:
(a)
Be prepared in accordance with the guidelines
established in the Forest Conservation Technical Manual;
(b)
Be submitted with the preliminary plat for subdivision, site plan, an application
for grading permit, or an application for a sediment control permit.
(d)
Include information required in the Forest Conservation
Technical Manual; and
(3)
The review of the FCP shall be concurrent with the
review of the major subdivision plat, site
plan, application for grading permit, or application for
a sediment control permit.
(4)
Modifications.
(a)
During the different stages of the review process,
the FCP may be modified, provided the Department approves
of the changes.
(b)
Modifications affecting less than 40,000 square
feet of forest may be submitted as amendments.
(c)
When modification to more than 40,000 square
feet of forest is proposed, a new plan is required.
(5)
Notification deadline or failure to notify.
(a)
Within 45 calendar days after receipt of the
final FCP, the Department shall notify the applicant whether the FCP is complete and approved.
(b)
If the Department fails to
notify the applicant within 45 calendar days, the
plan shall be treated as complete and approved.
(c)
The Department may require
further information or extend the deadline for an additional 15 calendar
days under extenuating circumstances, in which case the Department shall notify the applicant of the necessary extension
at least five days prior to the end of the forty-five-day deadline.
(d)
At the request of the applicant, the Department may extend the deadline under extenuating
circumstances.
(6)
The Department may revoke an approved
FCP if the Department finds that:
(a)
A provision of the FCP has been violated;
(b)
Approval of the FCP was obtained through fraud,
misrepresentation, a false or misleading statement, or omission of
a relevant or material fact; or
(c)
Changes in the development or in the condition
of the site necessitate preparation of a new or amended
FCP.
The following specific areas are considered
priority protection areas and shall be left in an undisturbed condition
unless the applicant has demonstrated to the satisfaction
of the Department that reasonable efforts have been
made to protect the areas and the forest conservation plan for that
regulated activity cannot be reasonably altered.
A.
Trees, shrubs, and plants located in sensitive areas
including the 100-year floodplain, intermittent and perennial stream
buffers, steep slopes, nontidal wetlands, and critical
habitats.
B.
Contiguous forest that connects with the largest undeveloped
or more vegetated tracts of land within and adjacent
to the site.
C.
Trees, shrubs, or plants determined to be rare, threatened,
or endangered under:
E.
Any tree, provided that it does not pose an immediate
hazard due to disease, insect infestation, or structural limitations,
that has a diameter, measured at 4 1/2 feet above the ground,
of:
F.
Areas classified as having priority forest structure
by the forest structure analysis methodology as described in the Forest
Conservation Technical Manual.
A.
General requirements.
(1)
An applicant for any development activity that is not exempt from this Chapter 18:2 shall conduct afforestation on the lot or parcel in accordance with this subsection.
(2)
A tract that has less than 20% of
its net tract area in forest cover shall be afforested
up to at least 20% of the net tract area for the
following land use categories and zoning districts:
(3)
A tract that has less than 15% of
its net tract area in forest cover shall be afforested
up to at least 15% of the net tract area for the
following land use categories and zoning districts:
(a)
Institutional development areas (all zoning
districts);
(b)
High-density residential areas (SR, UR, NC-8,
NC-15, NC-20, and GPRN Districts);
(c)
Mixed-use and planned residential development areas (VC, CMPD, TC, SMPD, SHVC, GNC, GVC and GGMC Districts); and
[Amended 1-24-2012 by Ord. No. 11-17]
(d)
Commercial and industrial
use areas (SC, UC, SI, LIHS, SIBE, and AD Districts).
(4)
An applicant may not propose afforestation
on newly created cluster lots.
(5)
An applicant must make every reasonable
effort to place afforestation on a single lot.
(6)
Monocultures are not permitted when afforestation
requirements dictate the planting of one or more acres of forest.
B.
Requirements; special circumstances.
(1)
When cutting into forest cover that is currently below the afforestation percentages described in Subsection A of this section, the applicant shall comply with the requirements
set forth in this subsection.
(2)
The required afforestation level shall be determined
by the amount of forest existing before cutting or clearing begins.
(3)
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, as determined by the amount of forest
existing before cutting or clearing began.
A.
General requirements.
(1)
After reasonable efforts to minimize the cutting or
clearing of trees and other woody plants have been exhausted in the
development of a subdivision plan, site plan, grading and sediment control activities, and implementation of
the FCP, the FCP shall provide for:
(2)
The following forest conservation thresholds are to
be used for the applicable zoning districts:
[Amended 1-24-2012 by Ord. No. 11-17]
Zoning District
|
Conservation Threshold Percentage
| |
---|---|---|
AG, CS
|
50%
| |
E, SE, NC-1, NC-2, NC-5
|
25%
| |
SR, UR, NC-8, NC-15, NC-20, VC, GPRN, CMPD,
TC, SMPD, SHVC, GNC, GVC, GGMC
|
20%
| |
SC, UC, SI, LIHS, AD, SIBE
|
15%
| |
Institutional use in any zoning
district
|
20%
|
B.
Calculations.
(1)
For all existing forest cover measured to the nearest
1/10 acre that is cleared on the net tract
area above the applicable forest conservation threshold,
the area of forest removed shall be reforested at a ratio of 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 towards the total number of acres required to be reforested under Subsection B(1). The calculation of the credit shall be made in accordance with the criteria provided in the Forest Conservation Technical Manual.
(3)
For all existing forest cover measured to the nearest
1/10 acre that is 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 acres planted for each acre removed below
the threshold.
A.
Sequence. After techniques for retaining existing
forest on the site have been exhausted, the preferred
sequence for afforestation and reforestation, as determined by the Department, is as follows:
(1)
Selective clearing and supplemental planting on site;
(2)
On-site afforestation or reforestation
using transplanted or nursery stock that has a caliper greater than 1 1/2 inches;
(3)
On-site afforestation or reforestation using whip and seedling stock as provided in the Forest Conservation
Technical Manual;
(4)
For reforestation only, landscaping of areas under
an approved landscaping plan that establishes a community dominated
by trees and other woody plants that is at least 35 feet wide and
covers 2,500 square feet or more of area;
(5)
Off-site afforestation or reforestation within the
same watershed, using transplanted or nursery stock
that has a caliper greater than 1 1/2 inches;
(6)
Off-site afforestation or reforestation within the
same watershed, using whip and seedling stock as
provided in the Forest Conservation Technical Manual;
(7)
Off-site afforestation or reforestation may include
the use of forest mitigation banks which have been so designated by
the Department in advance;
(8)
Natural regeneration on site in limited instances
as provided in the Forest Conservation Technical Manual; and
(9)
Natural regeneration off site in limited instances
as provided in the Forest Conservation Technical Manual.
B.
Sequence exceptions. A sequence other than the one described in Subsection A of this section may be used for a specific project, if approved by the Department, to:
C.
Priority areas. The following are considered a priority
for afforestation and reforestation.
(1)
To establish or enhance forest buffers adjacent to
intermittent streams to widths of at least 50 feet and those adjacent
to perennial streams to widths of at least 100 feet.
(2)
To establish or increase existing forested corridors
to a minimum of 300 feet where practical in order to connect existing
forests within or adjacent to the site and to facilitate
wildlife movement.
(3)
To establish or enhance forest buffers adjacent to
critical habitats where appropriate.
(4)
To establish or enhance forested areas on 100-year
floodplains, when appropriate.
(7)
To establish forest areas adjacent to existing forests
to increase the overall area of contiguous forest cover, when appropriate.
(8)
To use native plant materials for afforestation or
reforestation, when appropriate.
D.
Time period for accomplishing afforestation or reforestation.
(1)
A person required to conduct afforestation or reforestation under this Chapter 18:2 shall accomplish the afforestation or reforestation within one year or two growing seasons, whichever is a greater time period, following:
(2)
Where subdivision plans are recorded in sections, a schedule shall be agreed upon if all afforestation or reforestation cannot be accomplished at the time of recordation of the first section. The schedule may involve a prorated amount of reforestation or afforestation in accordance with the time limits specified in Subsection D(1) based on the acreage of the section recorded.
A.
Establishment of fund. There is established a Queen
Anne's County Local Conservation Fund.
B.
General requirements.
(1)
If a person subject to the regulations in this Chapter 18:2 demonstrates to the satisfaction of the Planning Director that requirements for afforestation or
reforestation on site or off site (including payment into a forest
mitigation bank) cannot be reasonably accomplished, the person shall contribute a payment into the Local Conservation Fund in lieu
of the afforestation or reforestation.
(2)
The payment shall be $0.10 per square foot of the
area of required planting.
C.
Timing of payment. Payments contributed into the Local
Conservation Fund shall be paid prior to subdivision recordation or issuance of any required permit.
D.
Timing of afforestation or reforestation. The County shall accomplish the afforestation or reforestation
for which a payment is contributed into the Local Conservation Fund
within two years or three growing seasons, whichever is the greater
time period, after receipt of the payment.
E.
Refund of payment.
(1)
Payments contributed into the Local Conservation Fund
shall remain in the Local Conservation Fund for a period of two years
or three growing seasons, whichever is the greater time period.
(2)
At the end of that time, any funds that have not been
used to meet the afforestation or reforestation requirements shall
be returned to the person who provided the payments.
(3)
If, after approval of the subdivision or project plan or the receipt of a grading permit or sediment control
permit, the applicant proposes off-site or on-site
mitigation and has already made payment for fee-in-lieu, the fee-in-lieu
payment may be refunded up to six months after is has been received.
After six months, a request for refund is not permitted unless the
funds remain unused for a period of two years or three growing seasons,
whichever is the greater time period.
F.
Use of funds. Payments contributed into the Local
Conservation Fund:
G.
Location of afforestation or reforestation.
(1)
Except as provided in Subsection G(2) the afforestation or reforestation requirements under this section shall occur in the county and watershed in which the project is located.
(2)
If the afforestation or reforestation 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.
Use of available forest mitigation bank.
(1)
If a person subject to this Chapter 18:2 demonstrates to the satisfaction of the Department that requirements for reforestation or afforestation on site or
off site cannot be reasonably accomplished, the person may contribute credits from an available and approved forest mitigation
bank within Queen Anne's County. A credit is required for each 1/10 acre of an area of required planting.
(2)
The credits shall be debited from an available and
approved forest mitigation bank prior to subdivision recordation or issuance of any required permit.
B.
Establishing forest mitigation banks on vacant land.
(1)
A person may create a forest mitigation
bank from which applicants may purchase credits to meet the afforestation and reforestation requirements of this Chapter 18:2.
(2)
The forest mitigation bank shall:
(a)
Afforest or reforest an area of land in accordance
with a forest mitigation bank agreement.
(b)
Be protected by an easement, deed restrictions, or covenants which require
the land in the bank to remain forested in perpetuity and are enforceable
by the Department and the Department of Natural Resources.
(c)
Limit the use of the land in the bank to those
activities which are not inconsistent with forest conservation, such
as recreational activities, forest management under a forest conservation
and management program under Tax-Property Article, § 8-211,
Annotated Code of Maryland, or activities specified in a forest management
plan prepared by a licensed forester and approved by the Department.[1]
[1]
Editor's Note: Former Subsection B(2)(d), which required Planning
Commission review and approval for commercial forestry in the AG and
CS Districts, as amended 9-7-2004 by Ord. No. 04-34 and 6-12-2007
by Ord. No. 06-22, was repealed 8-13-2013 by Ord. No. 13-15.
C.
Planting requirements for banks being created on vacant
land.
(1)
Banks shall be a mix of native plant materials for
afforestation or reforestation. As much as possible, plant material
shall be nursery or transplanted stock that has a caliper greater than 1 1/2 inches. Monocultures are
not permitted; and
(2)
Trees shall be planted that establish or enhance forested
buffers adjacent to intermittent streams, establishing a buffer width
of no less than 50 feet or adjacent to perennial streams, establishing
a buffer width of no less than 100 feet; or
(3)
The bank shall establish or increase existing forested
corridors, which, where practical, should be a minimum of 300 feet
in width to facilitate wildlife movement and to connect existing forests
within or adjacent to the site; or
(4)
The bank shall establish or enhance forest buffers
adjacent to critical habitats where appropriate; or
(5)
The bank shall establish or enhance areas in 100-year
floodplains; or
(6)
The bank shall stabilize slopes of 25% percent or
greater; or
(7)
The bank shall stabilize slopes of 15% or greater
with a soil K value greater than 0.35 including the slopes of ravines
or other natural depressions; or
(8)
The bank shall establish buffers adjacent to areas
of differing land use where appropriate, or adjacent
to highways or utility rights-of-ways; or
(9)
The bank shall establish forest areas adjacent to
existing forest to increase the overall area of contiguous forest
cover, when appropriate.
D.
Establishing forest mitigation banks on existing forested
properties.
(1)
A person may create a forest mitigation
bank on existing forest from which applicants may purchase credits to meet the afforestation and reforestation requirements of this Chapter 18:2.
(2)
The forest mitigation bank shall:
(a)
Be in accordance with a forest mitigation bank
agreement.
(b)
Be protected by an easement, deed restrictions, or covenants which require
the land in the bank to remain forested in perpetuity and are enforceable
by the Department and the Department of Natural Resources.
(c)
Limit the use of the land in the bank to those
activities which are not inconsistent with forest conservation, such
as recreational activities, forest management under a forest conservation
and management program under Tax-Property Article, § 8-211,
Annotated Code of Maryland, or activities specified in a forest management
plan prepared by a licensed forester and approved by the Department.
(e)
Acquisition of an off-site protective easement for existing forest areas may not exceed fifty
percent (50%) of the area of forest cover protected.
E.
Plant and location requirements for a proposed mitigation
bank on existing forested properties.
(1)
Banks shall contain a mix of native plant materials.
As much as possible, plant material shall have a caliper greater than 1 1/2 inches. Monocultures are not permitted;
and
(2)
The bank shall be located in an area that will enhance
forested buffers adjacent to intermittent streams, establishing a
buffer width of no less than 50 feet or adjacent to perennial streams,
establishing a buffer width of no less than 100 feet; or
(3)
The bank shall be located in existing forested corridors
which, where possible, should be a minimum of 300 feet in width to
facilitate wildlife movement and to connect existing forests within
or adjacent to the site; or
(4)
The bank shall be located in an area that will enhance
forest buffers adjacent to critical habitats where appropriate; or
(5)
The bank shall be located in an area that will enhance
areas in 100-year floodplains; or
(6)
The bank shall be located in an area that will stabilize
slopes of 25% or greater; or
(7)
The bank shall be located in an area that will stabilize
slopes of 15% or greater with a soil K value greater than 0.35 including
the slopes of ravines or other natural depressions; or
(8)
The bank shall be located in an area that will establish
buffers adjacent to areas of differing land use where
appropriate, or adjacent to highways or utility rights-of-way; or
(9)
The bank shall be located in an area that will establish
forest areas adjacent to existing forest to increase the overall area
of contiguous forest cover, when appropriate.
F.
A person proposing to create a forest
mitigation bank shall submit the following:
(1)
Completed application, on a form approved by the Department, which has been signed by an authorized individual
in conformance with COMAR 08.19.04.02I.
(2)
Forest mitigation bank plan which contains the following:
(b)
For banks being created on vacant land, a detailed
afforestation or reforestation plan shall be submitted, which shall
include a timetable and description of the site and
soil preparation needed, species, size, and spacing to be utilized.
This plan must be prepared by a licensed Maryland forester, a licensed
landscape architect, or a qualified professional who meets the requirements
stated in COMAR 08.19.06.01A.
(c)
Copy of the deed to the property.
(d)
Survey or other legally sufficient description
of the bank site for inclusion in the deeds of easement, deed restrictions, or covenants
(e)
A title report or other assurances that the
property is not encumbered by any covenants or other
types of restrictions which would impair the property's use as a forest
mitigation bank and there is legally sufficient access to the forest
mitigation bank site which can be used by the Department and its assignees to inspect the forest mitigation
bank.
(f)
A description of the system to be used by the person owning and operating the forest mitigation bank to
identify and keep track of which portions of the bank have been debited
to meet an applicant's off-site afforestation and
reforestation requirements.
G.
Two year maintenance agreement for banks being created
on vacant land.
(1)
The applicant proposing a forest
mitigation bank shall provide a signed, two-year maintenance agreement
which addresses the following:
(a)
Sets forth how the areas afforested or reforested
will be maintained to ensure protection and satisfactory establishment
(b)
Includes watering and reinforcement planting
provisions if survival falls below required standards.
(c)
Addresses the requirements for a two-year maintenance
agreement as outline in the Forest Conservation Technical Manual.
H.
Agreement with the Department.The
owner of an approved forest mitigation bank shall enter into an agreement
with the Department. The agreement shall contain
the following:
(1)
The approved reforestation or afforestation plan
(2)
The approved system for marking and tracking which
portions of the bank have been debited.
(3)
An acknowledgement that the bank may not debit any
portion of the afforested or reforested land until two years of successful
growth has been achieved (confirmed by the Department) unless the banker has planted 25% more area than the area of the
debited tract and posted a bond or alternate form
of security.
A.
General requirements. 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 Department or as approved by the Planning
Director.
B.
Exceptions. This section does not in any way prohibit
the use of nonnative species for ornamental and landscaping purposes
when the nonnative plantings are in addition to the required reforestation
or afforestation. The Department may prohibit the
use of species identified as invasive and/or exotic and listed in
the Forest Conservation Technical Manual.
A.
Financial security required.
(1)
A person, other than a federal, state,
or County agency, required under this Chapter 18:2 to conduct afforestation or reforestation or to contribute to the Local Conservation Fund shall furnish financial security in the form of a bond, an irrevocable letter of credit, or other security approved by the Department and as set forth in §§ 18:1-193 through 18:1-202 of this Chapter 18.
(2)
The surety shall assure that the afforestation, reforestation,
and the associated management agreement are conducted and maintained
in accordance with the approved forest conservation plan.
(4)
The surety shall be in a form and of a content approved
by the Department.
(5)
The surety calculations shall be placed on the forest
conservation plan.
B.
Release of financial security.
C.
Forfeiture of financial security.
(2)
The Department shall notify the obligee,
by certified mail, of the intention of the Department to initiate forfeiture proceedings.
(3)
The obligee has 30 days from receipt of the notice
of forfeiture to show cause why the bond or other financial security
may not be forfeited.
(4)
If the obligee fails to show cause, the bond or other
financial security shall be forfeited.
(5)
The Department shall submit forfeited
financial security to the Local Conservation Fund.
A.
In general.
(1)
Long-term protective agreements are legally binding
devices in effect at all times that will ensure those areas retained,
afforested, and/or reforested are limited to uses that are consistent with forest conservation.
[Amended 6-12-2007 by Ord. No. 06-22]
(2)
Protective agreements include:
(a)
Forest conservation and management agreements:
[Amended 9-7-2004 by Ord. No. 04-34; 6-12-2007 by Ord. No.
06-22]
[1]
Long-term protective agreements associated with
a subdivision or site plan shall
only permit the harvesting of the protected existing or proposed forest
which is protected under the agreement as outlined in a timber harvest
plan which has been prepared by a licensed, professional forester
and approved by a Department of Natural Resources Forester and/or
the County Forestry Board, as appropriate.[1]
[1]
Editor's Note: Former Subsection A(2)(a)[1], which required
Planning Commission review and approval for commercial forestry in
the AG and CS Districts, was repealed 8-13-2013 by Ord. No. 13-15.
B.
Forest management plans.
(1)
(2)
The Department of Natural Resources forester shall
review the plan to ensure that it is complete and consistent with
the local forest conservation program.
(3)
The Department shall notify the applicant whether the forest management plan has been approved.
(4)
Amendment to an approved forest management plan shall
comply with the following procedure:
(a)
Amendments shall be prepared
by a licensed professional forester;
(b)
The amendment shall be submitted
to the Department of Natural Resources forester assigned to the county
where the property is located;
(c)
The Department of Natural Resources forester
shall review the amendment to ensure that it is complete and consistent with the state forest conservation program or this Chapter 18:2;
(d)
The Department shall notify the applicant as to whether the amendment has been approved;
and
(e)
Once approved, the applicant shall sign the amendment.
A.
Protective devices. The County has
adopted standards for the protection of trees from construction activity.
These devices and procedures are defined and described in the Forest
Conservation Technical Manual.
B.
General requirements. Before cutting, clearing, grading,
or construction begins on a site for which a forest
conservation plan is required and prior to the issuance of any grading
permit or sediment and erosion control permit, the applicant shall demonstrate to the Department that protective
devices have been established.
A.
When available. A person may request
an administrative variance from the regulations in this Chapter 18:2 if the person demonstrates that
enforcement would result in practical difficulty or unwarranted hardship.
B.
Procedure.
(1)
An applicant for a variance shall:
(a)
Describe the special conditions peculiar to
the property that would cause the practical difficulty or unwarranted
hardship;
(b)
Describe how enforcement of the regulations in this Chapter 18:2 would deprive the applicant of
rights commonly enjoyed by others in similar surrounding areas;
(c)
Verify that the granting of the variance will not confer on the applicant a special privilege
that would be denied to other applicants;
(d)
Verify that the variance request
is not based on conditions or circumstances that are the result of
actions by the applicant;
(e)
Verify that the request does not arise from
a condition relating to land or building use, either permitted or nonconforming, on a neighboring
property; and
(f)
Verify that the granting of a variance will not adversely affect water quality.
(4)
Notice of a request for an administrative variance or of an appeal shall be given
to the Department of Natural Resources within 15
days of receipt of a request for an administrative variance or appeal.
C.
Authority of Department of Natural Resources. The
Department of Natural Resources has the right and authority to initiate
or intervene in an administrative, judicial, or other original proceeding
or appeal brought in the state concerning an approval
or an appeal of an administrative variance under this Section.
The Department or its agent
may conduct a field inspection of a site:
A.
Following the submittal of a forest stand delineation
to verify the information presented in the FSD report;
B.
Before a construction activity begins to determine
whether forest protection measures have been installed and conservation
areas are clearly marked on site;
C.
Following completion of all construction activities
to determine the level of compliance with the provisions of the final
forest conservation plan, including any afforested or reforested areas;
D.
At the end of the two-year maintenance agreement;
and
[Amended 9-7-2004 by Ord. No. 04-34; 6-12-2007 by Ord. No.
06-22]
A.
Timber harvest plan; general requirements. Any commercial
timber harvesting activity involving more than one acre of forest in a one-year period shall submit a timber harvest plan
before the cutting begins.
B.
Procedure. A person may harvest timber
on forested, reforested, or afforested areas protected under an approved
forest conservation plan, provided that the harvest:
C.
The proposed commercial harvest shall be outlined
in a timber harvest plan that has been prepared by a licensed professional
forester and approved by a Department of Natural Resources Forester
and/or the County Forestry Board, as appropriate.
[Amended 8-13-2013 by Ord. No. 13-15[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
D, Long-term protective agreements in association with approved subdivisions
or site plans in the AG and CS Districts.
A.
Civil fines.
(1)
Noncompliance penalty.
(a)
A person found to be in noncompliance with the regulations set forth in this Chapter 18:2, a forest conservation plan, protective agreement associated with a forest conservation plan, or a two-year maintenance agreement shall be assessed by the Department a penalty of $0.50 per square foot of the area
found to be in noncompliance.
B.
Injunctive relief.
(1)
(2)
(3)
Administrative order.
(a)
The Department may issue an
administrative order requiring the violator to take corrective action
within a certain time period.
(4)
(5)
Subject to Subsection B(6) below, the Department may suspend or revoke a forest conservation plan or forfeit a bond
on a forest conservation plan if the Department determines
that a person:
C.
Statutory remedies. The provisions of these regulations
may not be construed to limit or affect the authority of the Department to proceed against violators under § 5-1612
of the Natural Resources Article, Annotated Code of Maryland.
D.
Emergency action.