A. 
A forest stand delineation shall be submitted at the initial stages of subdivision or project plan approval, before a grading permit application, or before a sediment control application is submitted for the tract being developed.
B. 
The delineation shall be prepared by a licensed forester, licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01B.
C. 
The delineation shall be used during the preliminary review process to determine the most suitable and practical areas for forest conservation and shall contain the following components:
(1) 
A topographic map delineating intermittent and perennial streams, and steep slopes over 25%;
(2) 
A soils map delineating soils with structural limitations, hydric soils, or soils with a soil K value greater than 0.35 on slopes of 15% or more;
(3) 
Forest stand maps indicating species, location, and size of trees and showing dominant and codominant forest types;
(4) 
Location of one-hundred-year floodplains;
(5) 
Information required by the Forest Conservation Manual; and
(6) 
Other information the Department determines is necessary to implement this chapter.
D. 
If approved by the Department, a simplified delineation may be submitted for an area:
(1) 
When no forest cover is disturbed during a construction activity; and
(2) 
Designated to be under a long-term protective agreement.
E. 
The Department shall consider a simplified forest stand delineation complete if it includes:
(1) 
All requirements under Subsection C(1), (2), (4) and (5) of this section;
(2) 
A map showing existing forest cover as verified by field inspection; and
(3) 
Other information required by this chapter.
F. 
An approved forest stand delineation may remain in effect for a period not longer than five years.
G. 
Time for submittal.
(1) 
Within 30 calendar days after receipt of the forest stand delineation, the Department shall notify the applicant whether the forest stand delineation is complete and correct.
(2) 
If the Department fails to notify the applicant within 30 days, the delineation shall be treated as complete and correct.
(3) 
The Department may require further information or provide for an additional 15 calendar days under extenuating circumstances.
A. 
In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest on the site.
B. 
If an existing forest on the site subject to a forest conservation plan cannot be retained, the applicant shall demonstrate to the satisfaction of the Department:
(1) 
How techniques for forest retention have been exhausted;
(2) 
Why the priority forests and priority areas specified in Natural Resources Article, § 5-1607(c), Annotated Code of Maryland, 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 Natural Resources Article, § 5-1607, Annotated Code of Maryland; and
(4) 
Where on the site in priority areas afforestation or reforestation will occur in compliance with Natural Resources Article § 5-1607, Annotated Code of Maryland.
C. 
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 if the applicant proposes to make a payment into the Forest Conservation Fund instead of afforestation or reforestation.
[Amended 2-6-2012 by Ord. No. 2012-01]
D. 
Nontidal wetlands. A regulated activity within the net tract area that occurs wholly or partially in areas regulated as nontidal wetlands under Natural Resources Article, §§ 8-1201 through 8-1211, Annotated Code of Maryland, and COMAR 08.05.04 is subject to both the nontidal wetlands regulatory requirements and the requirements of this chapter, subject to the following:
(1) 
Any area of forest in the net tract area, including forest in nontidal wetland that is retained, shall be counted toward a forest conservation requirements under this article.
(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. 
A preliminary forest conservation plan shall be prepared by a licensed forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01B.
B. 
A preliminary forest conservation plan shall:
(1) 
Be submitted with the preliminary plan of subdivision or proposed project plan;
(2) 
Include the approved forest stand delineation for the site;
(3) 
Include a table that lists the proposed values of the following, in square feet:
(a) 
Net tract area;
(b) 
Area of forest conservation required; and
(c) 
Area of forest conservation that the applicant proposes to provide, including both on-site and off-site areas.
(4) 
Include a clear graphic indication of the forest conservation provided on the site drawn to scale, showing areas where retention of existing forests or afforestation or reforestation is proposed;
(5) 
Include an explanation of how the provisions of § 87-9 of this article have been met;
(6) 
In the case of afforestation or reforestation, include a proposed afforestation or reforestation plan;
(7) 
Include a proposed construction timetable showing the sequence of forest conservation procedures;
(8) 
Show the proposed limits of disturbance;
(9) 
Show proposed stockpile areas;
(10) 
Incorporate a proposed two-year maintenance agreement, that shows how areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment;
(11) 
Information required in the Forest Conservation Manual; and
(12) 
Other information the Department determines is necessary to implement this chapter.
C. 
The review of the preliminary forest conservation plan shall be concurrent with the review of the preliminary site plan.
D. 
During the different stages of the review process, the preliminary forest conservation plan may be modified, provided that the Department approves of the changes.
A. 
A final forest conservation plan shall be prepared by a licensed forester, licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01B.
B. 
A final forest conservation plan shall:
(1) 
Be submitted with the following:
(a) 
A final subdivision plan;
(b) 
A final project plan;
(c) 
An application for a grading permit; or
(d) 
An application for a sediment control permit.
(2) 
Show proposed locations and types of protective devices to be used during construction activities to protect trees and forests designated for conservation;
(3) 
In the case of afforestation or reforestation, include an afforestation or reforestation plan, with a timetable and description of needed site and soil preparation, species, size, and spacing to be used;
(4) 
Incorporate a binding two-year maintenance agreement specified in COMAR 08.19.05.01 that details how the areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment, including:
(a) 
Watering; and
(b) 
A reinforcement planting provision if survival rates fall below required standards, as provided in the Forest Conservation Manual.
(5) 
Incorporate a long-term binding protective agreement as specified in COMAR 08.19.05.02 that:
(a) 
Provides protection for areas of forest conservation, including areas of afforestation, reforestation, and retention; and
(b) 
Limits uses in areas of forest conservation to those uses that are designated and consistent with forest conservation, including recreational activities and forest management practices that are used to preserve forest.
(6) 
Include the substantive elements required under § 87-10B(2) through (5), (7) through (9) and (11) of this article, as finalized elements of the forest conservation plan; and
(7) 
Other information the Department determines is necessary to implement this chapter.
C. 
Time for submittal.
(1) 
Within 45 calendar days after receipt of the final forest conservation plan, the Department shall notify the applicant whether the forest conservation plan is complete and approved.
(2) 
If the Department fails to notify the applicant within 45 calendar days, the plan shall be treated as complete and approved.
(3) 
The Department may require further information or extend the deadline for an additional 15 calendar days under extenuating circumstances.
(4) 
At the request of the applicant, the Department may extend the deadline under extenuating circumstances.
D. 
The Department's review of a final forest conservation plan shall be concurrent with the review of the final subdivision or project plan, grading permit application, or sediment control application associated with the project.
E. 
The Department may revoke an approved forest conservation plan if it 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.
F. 
The Department 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.
G. 
Before revoking approval of a forest conservation plan, the Department shall notify the violator in writing and provide an opportunity for a hearing.