[HISTORY: Adopted by the County Council of
Talbot County 10-22-1996 by Bill
No. 627. Amendments noted where applicable.]
A.
Title. This chapter shall be known and may be cited
as the "Talbot County Forest Conservation Ordinance."
B.
Purpose.
(1)
The purpose of this chapter is to protect and enhance
the existing forest and other natural resources in Talbot County,
specifically to prohibit certain development disturbances to occur
before a forest stand delineation and forest conservation plan have
been prepared and approved.
(2)
The County Council has determined that to meet the
requirements of Md. Code Ann., Natural Resources Art., §§ 5-1601
through 5-1612, the provisions of this chapter must be enacted.
C.
Legislative authority.
(1)
These regulations receive their authority from Md.
Code Ann., Natural Resources Art., §§ 5-1601 through
5-1612, and COMAR 08.19.01-08.19.06.
(2)
Whenever any provision of this chapter refers to or
cites a section of relevant local, state or federal law and that section
is later amended or superseded, this chapter shall be deemed amended
to refer to the amended section of the section that most nearly corresponds
to the superseded section.
D.
Jurisdiction. This chapter shall apply to all lands
and properties in Talbot County which are outside the Chesapeake Bay
Critical Area as established by the Talbot County Zoning Maps as amended,
but not including lands and properties lying within the zoning jurisdiction
of the incorporated municipalities of Talbot County.
E.
Conflict with other regulations. Whenever any provision
of this chapter conflicts with any other provision of law, whether
set forth in this chapter, or contained in any law, rule, regulation,
ordinance, deed restriction or covenant covering any of the same subject
matter, that provision which is more restrictive or imposes the higher
standard or requirement shall govern.
F.
Relationship to Comprehensive Plan. It is the intention
of the Talbot County Council that this chapter implement the policies
and recommendations in the Comprehensive Plan. The Planning Commission
and Planning Officer shall take into consideration the goals and policies
of the Comprehensive Plan in their review process under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Amendments. Amendments to this chapter shall not be
made without approval of the Maryland Department of Natural Resources.
A.
Interpretations. For the purposes of this chapter,
certain terms or words used herein shall have the following interpretations.
The word "person" includes a firm, association, organization, partnership,
trust, company, or corporation as well as an individual. Words used
in the present tense include the future; words in the singular number
include the plural, and words in the plural number include the singular
unless the natural construction of the wording indicates otherwise.
The word "shall" is mandatory and the word "may" is permissive.
B.
AFFORESTATION
AGRICULTURAL ACTIVITY
APPLICANT
APPROVED FOREST MANAGEMENT PLAN
(1)
(2)
AQUACULTURE
CALIPER
CHAMPION TREE
CHAMPION TREE OF THE STATE
CLUSTER DEVELOPMENT
COMMERCIAL AND INDUSTRIAL USES
COMMERCIAL LOGGING OR TIMBER HARVESTING OPERATIONS
CRITICAL HABITAT AREA
CRITICAL HABITAT FOR ENDANGERED SPECIES
DECLARATION OF INTENT
(1)
(2)
(3)
DEPARTMENT
DEVELOPMENT PROJECT
DEVELOPMENT PROJECT COMPLETION
FOREST
FOREST CONSERVANCY DISTRICT BOARD
FOREST CONSERVATION
FOREST CONSERVATION AND MANAGEMENT AGREEMENT
FOREST CONSERVATION PLAN
FOREST CONSERVATION TECHNICAL MANUAL
FOREST COVER
FOREST MANAGEMENT PLAN
FOREST STAND DELINEATION
GROWING SEASON
HIGH-DENSITY RESIDENTIAL AREAS
IMMEDIATE FAMILY
INSTITUTIONAL DEVELOPMENT AREA
INTERMITTENT STREAM
LANDSCAPING PLAN
LINEAR PROJECT
LOCAL AGENCY
LOT
MAINTENANCE AGREEMENT
MEDIUM-DENSITY RESIDENTIAL AREAS
MINOR DEVELOPMENT PROJECT
(1)
(2)
(3)
NATURAL REGENERATION
NET TRACT AREA
(1)
(2)
NONTIDAL WETLANDS
(1)
(2)
OFF SITE
ON SITE
100-YEAR FLOOD
100-YEAR FLOODPLAIN
PERENNIAL STREAM
PERSON
PROJECT PLAN
PUBLIC UTILITY
REFORESTATION or REFORESTED
(1)
(a)
(b)
(2)
REGULATED ACTIVITY
RETENTION
SEDIMENT AND EROSION CONTROL PERMIT
SEEDLING
SELECTIVE CLEARING
SITE PLAN
STREAM BUFFER
SUBDIVISION
TIMBER HARVESTING
TRACT
TREE
VARIANCE
WATERSHED
WHIP
Terms defined. In this chapter, the following terms
have the meanings indicated:
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, and
other products cultivated as part of a recognized commercial enterprise.
Agricultural activities include the construction, improvements, or
maintenance of any and all associated buildings, structures, or other
permanent fixtures ordinarily used in commercial agricultural production.[1]
A person who is applying for subdivision, site plan or project
plan approval or a sediment and erosion control permit, and who has
requested approval of a forest stand delineation and forest conservation
plan.
A document:
Outlining all forestry practices to be conducted on a parcel of land as further defined in § 73-2B herein and approved by the DNR forester assigned to the County in which the property is located.
Which operates as a protective agreement for
forest conservation as described in Md. Code Ann., Natural Resources
Art., § 5-1607(e) through (f).
The farming or culturing of fish, aquatic plants, and animals
in water. Activities include the culture of clams and oysters on tidelands
and subtidal areas. For the purposes of this definition, related activities
such as processing and product storage facilities are not considered
aquacultural practices.
The diameter of a tree measured at two inches above the root
collar.
The largest tree of its species within the United States,
the state, county, or municipality.
A tree which appears in the State Forest Conservation Manual
list of state champion trees.
A development in which disturbance is concentrated in selected
areas of the site so as to provide natural habitat and preserve natural
features or other open space uses on the remainder.
Manufacturing operations, office complexes, shopping centers,
and other similar uses and their associated storage areas, yarding,
and parking areas, and corresponds to Talbot County zoning classifications
Village Residential (VR), Village Hamlet (VH) and Village Mixed (VM),
Limited Commercial (LC), General Commercial (GC) and Limited Industrial
(LI).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The cutting and removing of tree stems from a site for commercial
purposes, leaving the root mass intact.
A critical habitat for an endangered species and its surrounding
protection area. A critical habitat area shall:
A habitat occupied by an endangered species as determined
or listed under Md. Code Ann., Natural Resources Art., § 4-2A-04
or 10-2A-04.
A signed statement by a landowner or the landowner's agent,
having power of attorney, certifying that:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The declaration of intent is for certain activities
exempted under this chapter;
The activity on the landowner's property does
not circumvent the requirements of this chapter; and
The activity on the landowner's property does
not conflict with the purposes of any other approved declaration of
intent.
The Talbot County Office of Planning and Zoning.
Any project requiring a site plan, sediment and erosion control
plan, and/or involving a subdivision of land or the redevelopment
of land.
For the purposes of implementing afforestation and reforestation
requirements, or completing payment into a fund:
The Talbot Forest Conservancy District Board, which was created
under Md. Code Ann., Natural Resources Art., §§ 5-601
through 5-610.
The retention of existing forest or the creation of new forest
at the levels set by this chapter pursuant to Md. Code Ann., Natural
Resources Art., §§ 5-1601 through 5-1612.
An agreement as stated in Md. Code Ann., Tax-Property Art., § 8-211.
A plan prepared pursuant to Md. Code Ann., Natural Resources Art., §§ 5-1605 and 5-1606, as enumerated in § 73-7 herein.
The technical manual referred to as the "Talbot County Forest
Conservation Technical Manual," and incorporated by reference, used
to establish standards of performance required in preparing forest
stand delineations and forest conservation plans. The Talbot County
Forest Conservation Technical Manual shall be the most current version
of the Maryland State Forest Conservation Technical Manual.
The area of a site which contains forest as defined herein.
A plan establishing best conservation and management practices
for a landowner in assessment of the resource values of forested property.
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in the Talbot County
Forest Conservation Technical Manual.
The period of consecutive frost-free days as stated in the
current Talbot County Soil Survey published by the National Cooperative
Soil Survey Program, 16 U.S.C. § 590a through f.
Areas zoned for densities greater than one 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 Talbot County zoning classifications
Town Residential (TR), Village Residential (VR), Village Hamlet (VH)
and Village Mixed (VM), and the Affordable Workforce Housing Floating
District (AWH).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Father, mother, son, or daughter.
[Amended 7-26-2011 by Bill No. 1204]
Areas containing schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, and cemeteries. These do not correspond to a particular County zoning classification, but may be a permitted use or allowed by a special exception under Chapter 190 of the Talbot County Code.
[Amended 4-14-2009 by Bill No. 1162]
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, or as confirmed by
field verification and at the discretion of the Department.
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, such as electricity,
gas, water, sewer, communications, trains, and vehicles. Such projects
may traverse fee simple properties through defined boundaries or through
easement rights.
Each unit in the executive, legislative or judicial branch
of a County or municipal government.
A unit of land, the boundaries of which have been established
as a result of a deed or previous subdivision of a larger parcel.
The short-term management agreement associated with afforestation or reforestation plans required under Md. Code Ann., Natural Resources Art., § 5-1605, and § 73-16A of this chapter.
Areas zoned for densities greater than one dwelling unit
per five acres and less than or equal to one 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 Talbot County zoning classifications Rural
Residential (RR), and when sewerage service is not available, the
zone classifications of Village Residential (VR), Village Hamlet (VH)
and Village Mixed (VM) and Town Residential (TR).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A minor subdivision of three lots or less; or
A residential, commercial or industrial development meeting the criteria of an administrative site plan review as set forth in Chapter 190 of the Talbot County Code; or
[Amended 4-14-2009 by Bill No. 1162; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A building permit application for single-family
residences and associated accessory structures on lots greater than
20,000 square feet in size.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The natural establishment of trees and other vegetation with
at least 400 woody, free-to-grow seedlings per acre, which are capable
of reaching a height of at least 20 feet at maturity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Except in agriculture and resource areas, and
in the residential zoning classifications of Village Residential (VR),
Village Hamlet (VH), Village Mixed (VM) and Town Residential (TR)
where agricultural activities are the primary land use, the total
area of a site, including both forested and nonforested areas, to
the nearest one-tenth acre, reduced by the area found to be within
the boundaries of the 100-year floodplain; and
In agriculture and resource areas, and in the
residential zoning classifications of Village Residential (VR), Village
Hamlet (VH), Village Mixed (VM) and Town Residential (TR) where agricultural
activities are the primary land use, the part of the total tract for
which land use will no longer be used for primarily agricultural activities,
reduced by the area found to be within the boundaries of the 100-year
floodplain.
An area that is:
Inundated or saturated by surface water 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 1989 and as
may be amended and interpreted by the United States Environmental
Protection Agency.
Outside of the limits of the area encompassed by the tract.
Within the limits of the area encompassed by the tract, including
an area classified as a 100-year floodplain.
A flood which 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 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. For
the purpose of this chapter, boundaries of the 100-year floodplain
coincide with those identified on the Flood Insurance Rate Map (FIRM)
most recently published by the Federal Emergency Management Agency
(FEMA).
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 and at the discretion of the Department.
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.
A site plan, construction plan, and/or sediment and erosion
control activity on an area of 20,000 square feet or greater.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Reforestation or reforested means 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
Establishment of a forest according to procedures
set forth in the Talbot County Forest Conservation Technical Manual.
Reforestation or reforested includes landscaping
of areas under an approved landscaping plan establishing a forest
at least 35 feet wide and covering 2,500 square feet or more of area.
Any of the following activities, when that activity occurs
on a unit of land which is 20,000 square feet or greater:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The deliberate holding and protecting of existing trees,
shrubs or plants on the site according to established standards as
provided in the Talbot County Forest Conservation Technical Manual.
The authorization of an activity regulated under a sediment
and erosion control plan as provided in Md. Code Ann., Environment
Art., Title 4.
An unbranched woody plant, less than 24 inches in height
and having a diameter 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.
A detailed plan of development showing the arrangement of
any buildings in relation to parking, streets, entrances, exits, open
space, and adjoining properties, with all information relevant to
size of area, number of parking spaces and square footage of buildings,
etc., inscribed thereon, in addition to any other pertinent information
as may be required by this chapter.
All lands lying within 100 feet of perennial streams and
50 feet of intermittent streams, measured from the edge of the stream
bank of the perennial or intermittent stream.
Any division of a unit of land into two or more lots or parcels
for the purpose, whether immediate or future, of transfer of ownership,
sale, lease, or development.
Property or unit of land subject to an application for a
sediment and erosion control permit, subdivision approval, site plan
approval, project plan approval, or areas subject to this chapter.
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.
Relief from the chapter as may be granted by the County Board of Appeals as enumerated in § 73-17. "Variance" does not mean a zoning variance.
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.
An unbranched woody plant greater than 24 inches in height
and having a diameter of less than one inch measured at two inches
above the root collar.
[1]
Editor's Note: The definition of "agricultural
and resource areas," which immediately followed this definition, was
repealed 10-9-2007 by Bill No. 1105.
A.
Exemptions. It is the intent of Talbot County to protect
forest resources in a manner which is least burdensome to residents
wishing to improve their property. The following is a list of activities
which typically cause negligible forest disturbance and are therefore
exempt from this chapter:
(1)
Any activity on parcels less than 20,000 square feet
in size.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Properties wholly within the Chesapeake Bay Critical
Area as depicted on the Maryland Department of Natural Resources Wetlands
Maps.
(3)
A preliminary plan of subdivision or a sediment and
erosion control plan approved before July 1, 1991.
(4)
The cutting or clearing of public utility rights-of-way
for public service companies licensed under the Public Utilities Article
of the Annotated Code of Maryland or land for electric generating
stations licensed under the Public Utilities Article of the Annotated
Code of Maryland, if:
[Amended 8-24-2001 by Bill No. 837]
(5)
Routine maintenance or emergency repairs of public
utility rights-of-way for public utility companies licensed under
the Public Utilities Article of the Annotated Code of Maryland.
[Amended 8-24-2001 by Bill No. 837]
(6)
Except for a public utility subject to exemption under Subsection A(5) above, routine maintenance or emergency repairs of a public utility right-of-way, if:
(7)
Agricultural activities not resulting in a change
in land use category, including agricultural support buildings and
other related structures built using accepted best management practices,
provided that the activity results in the cutting, clearing or grading
of less than 20,000 square feet of forest within a one-year period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)
Mineral extraction activities regulated under Md.
Code Ann., Environment Art., Title 15, Subtitles 5, 6 and 8.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(9)
Revision plats where no additional lots are created as defined in Chapter 190 of the Talbot County Code.
[Amended 4-14-2009 by Bill No. 1162; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(10)
Highway construction activities under Md. Code Ann.,
Natural Resources Art., § 5-103, provided that the cutting
or clearing of the forest is conducted to minimize the loss of forest,
and provided that all forested area cut or cleared over 20,000 square
feet in area is replaced at a ratio of one acre planted for each one
acre removed as required by § 5-103 above.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(11)
A subdivision for agricultural purposes only, where
the statement "For agricultural purposes only" appears on the plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(12)
Any habitat program approved by another government
agency such as the United States Natural Resources Conservation Service,
the United States Fish and Wildlife Service, or the Maryland Department
of Natural Resources for such habitat program if the activity 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.
(13)
The construction and maintenance of linear County
utilities, such as drainage ditches, water and sewer lines, telephone
lines, cable television lines, natural gas and electrical power lines,
provided that the forest area cut or cleared is less than 20,000 square
feet and construction and maintenance are conducted to minimize the
loss of forest.
[Amended 7-26-2011 by Bill No. 1204; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(14)
County road construction activities where public funds
are used, provided that the forest area cut or cleared is less than
20,000 square feet and road construction activities are conducted
to minimize the loss of forest.
[Amended 7-26-2011 by Bill No. 1204; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(15)
The cutting or clearing of trees to comply with the
requirements of 14 CFR 77.25, relating to objects affecting navigable
airspace, provided that the Federal Aviation Administration has determined
that the trees are a hazard to aviation.
B.
Exemptions requiring a declaration of intent. The following development or activities are exempt from the requirements of this chapter, provided that a declaration of intent is filed with the Department in accordance with § 73-3C of this chapter.
[Amended 4-9-2002 by Bill
No. 858; 7-26-2011 by Bill No. 1204]
(1)
Any residential construction conducted on any single
lot 20,000 square feet or greater in size, where such lot is legally
existing as of the effective date of this chapter, if the activity:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Agricultural activities not resulting in a change
in land use category, including agricultural support buildings and
other related structures built using accepted best management practices,
if the activity results in the cutting, clearing, or grading of 20,000
square feet or greater of forest within a one-year period. However,
the applicant may not receive an agricultural exemption unless the
person files a declaration of intent as provided for in this chapter
that includes:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
An activity, including subdivision, required for the
purpose of constructing a single-family dwelling unit intended for
the use of the owner, or a member of the owner's immediate family,
if:
(a)
The activity does not result in the cutting,
clearing, or grading of 20,000 square feet or greater of forest; and
(b)
The lot(s) being created is (are) subject to
a declaration of intent which provides for a revocation of the exemption
if the lot is transferred to anyone other than an immediate family
member within five years of the declaration.
(4)
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:
(5)
Commercial logging and subsequent forest management
operations, including, but not limited to, shearing, bedding, piling,
windrowing, burning, precommercial thinning, construction or maintenance
of timber-haul roads, and construction and maintenance of associated
ditches.[1]
[1]
Editor's Note: Former Subsection B(6), regarding penalties for persons failing to file a declaration of intent or not complying with a declaration of intent, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Subsection C(6) of this section.
C.
Declaration of intent. The purpose of the declaration
of intent is to verify that the proposed activity is exempt under
this chapter.
(1)
A person seeking an exemption under § 73-3B of this chapter shall file a declaration of intent with the Department.
(2)
The declaration of intent is effective for five years.
(3)
The existence of a declaration of intent does not
preclude another exempted activity on the property subject to a separate
declaration of intent, provided that the activity:
(4)
If a regulated activity on the area covered by the
declaration of intent occurs within five years of the effective date
of the declaration of intent:
(5)
An applicant may apply for approval of a regulated
activity on that area of the property not covered under the declaration
of intent if the requirements of this chapter are satisfied.
(6)
The Department may require a person failing to file
a declaration of intent or found in noncompliance with a declaration
of intent to:
(a)
Meet the retention, afforestation and reforestation
requirements established in this chapter;
(b)
Pay a penalty for noncompliance established
by fee schedules approved by the County Council of Talbot County per
square foot of forest cut or cleared, but in no case less than $0.30
per square foot of forest cut or cleared as set by state law;
(c)
Be subject to other enforcement actions appropriate
under this chapter; or
(d)
Comply with a stop-work order until a declaration
of intent is filed with the Department.
(7)
In its determination of appropriate enforcement action,
the Department may consider whether failure to file a declaration
of intent by a person required to file is a knowing or willful violation
of this chapter.
D.
General requirements. The following provisions shall
apply to any person making application after the effective date of
this chapter for subdivision, site plan approval, building permit
approval, a sediment and erosion control permit, or project plan approval
on an area of land 20,000 square feet or greater.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The applicant shall:
(a)
Submit to the Department a forest stand delineation
and a forest conservation plan for the lot or parcel on which the
development activity is located; and
(b)
Use methods approved by the Department, as provided
in the Talbot County Forest Conservation Technical Manual, to protect
retained forests and trees during construction.
(2)
If a local agency or person using state funds makes
application for subdivision, site plan approval, building permit approval,
a sediment and erosion control permit, or project plan approval on
an area of land 20,000 square feet or greater, the following applies:
(a)
The application(s) for the proposed activity
shall be submitted to the Department, which shall notify the Maryland
Department of Natural Resources within 15 days of receipt of the completed
application.
(c)
If the Department of Natural Resources determines
that the project is subject to the state program, the:
[1]
Time limit for approval of the forest stand
delineation and forest conservation plan shall begin when the Department
of Natural Resources receives the necessary documents from the applicant
or the Department; and
[2]
Department may not approve said application
until it receives notice from the Department of Natural Resources
that the standards and requirements of the state program have been
satisfied.
(d)
If the Department of Natural Resources determines
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 this chapter begins when such notice is received from the
Department of Natural Resources.
A.
A simplified forest stand delineation shall be submitted
at the initial stages of approval, before a regulated activity is
submitted for the tract being developed. Simplified forest stand delineations
may be used when:
B.
The delineation shall be prepared by a licensed forester, licensed landscape architect, licensed surveyor, licensed engineer, or other qualified professional who meets the requirements stated in § 73-18B of this chapter.
C.
A simplified forest stand delineation shall be submitted
with the initial application for site plan review, subdivision review,
building permit review, or sediment and erosion control plan review
and may be submitted simultaneously with a forest conservation plan.
D.
A simplified forest stand delineation shall contain
the following components:
(1)
Forest stand map or environmental features map locating
field-verified forest boundaries (tree lines), forest type (dominant
species), proposed limits of disturbance, and areas proposed for long-term
protection;
(2)
Past and present management of forested and unforested
areas;
(3)
Adjacent land uses, tree lines extending off-site
and size and location of adjacent forested areas;
(4)
Identification and location, using maps or aerial
photography, of environmental features on the site, as described below:
(a)
A soils map delineating hydric soils, or soils
with a K value greater than 0.35 on slopes 15% or more, or soils having
structural limitations;
(b)
A topographic map delineating intermittent and
perennial streams, stream buffers, tidal and nontidal wetlands and
associated buffers, the 100-year floodplain, the Chesapeake Bay Critical
Area, and steep slopes over 25%;
(c)
Critical habitat areas or rare, threatened,
and endangered species of plants and animals.
(5)
Information required by the Talbot County Forest Conservation
Technical Manual; and
(6)
Other information the Department determines is necessary
to implement this chapter.
E.
Approval of simplified forest stand delineations.
(1)
An approved forest stand delineation may remain in
effect for a period not longer than five years.
(2)
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.
(3)
If the Department fails to notify the applicant within
30 days, the delineation shall be treated as complete and correct.
(4)
Under certain extenuating circumstances, the Department
may require an additional 15 calendar days for review.
A.
An intermediate forest stand delineation shall be
submitted at the initial stages of approval, before a regulated activity
is submitted for the tract being developed. Intermediate forest stand
delineations may be used when development will occur in forested areas
on the development site, if:
B.
The delineation shall be prepared by a licensed forester, licensed landscape architect, or a qualified professional who meets the requirements stated in § 73-18B of this chapter.
C.
The delineation shall be used during the preliminary
plan review, to determine the most suitable and practical areas for
forest conservation. All such submissions shall be prepared at a scale
of no less than one inch equals 200 feet at a size no less than 18
inches by 24 inches, and shall contain the following components:
(1)
Forest stand map(s) indicating location and size of
field verified forest boundaries, proposed limits of disturbance,
size and location of adjacent forested areas and areas proposed for
long-term protection;
(2)
A narrative, which may be included as notes on the
intermediate forest stand delineation map, and includes the following:
(a)
Preliminary worksheet calculations indicating
forest conservation thresholds and/or required retention amounts;
(b)
Summary of walk-through forest survey;
(c)
Past and present management of forested areas
and unforested areas; and
(d)
Potential of stands adjacent to disturbance
to recover or management recommendations.
(3)
A summary, either in the narrative or on the map,
of the composition (using dominant species), forest association or
other description of forest inside the proposed limits of disturbance;
(4)
A soils map delineating hydric soils, or soils with
a K value greater than 0.35 on slopes 15% or more, or soils having
structural limitations;
(5)
A topographic map delineating intermittent and perennial
streams, stream buffers, tidal and nontidal wetlands and associated
buffers, the 100-year floodplain, the Chesapeake Bay Critical Area,
and steep slopes over 25%;
(6)
Land use of adjacent properties;
(7)
Priority retention areas in development areas that
are:
(a)
Critical habitat areas or rare, threatened,
and endangered species of plants and animals;
(b)
Part of an historic site or associated with
an historic structure;
(c)
Designated by the Maryland Department of Natural
Resources or local authority as a champion tree for that species;
(d)
Specimen trees of 30 inches dbh or greater;
and
(e)
Trees with at least 75% of the diameter of the
state champion tree of that species.
(8)
Information required by the Talbot County Forest Conservation
Technical Manual; and
(9)
Other information the Department determines is necessary
to implement this chapter.
D.
Approval of intermediate forest stand delineations.
(1)
An approved forest stand delineation may remain in
effect for a period not longer than five years.
(2)
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.
(3)
If the Department fails to notify the applicant within
30 days, the delineation shall be treated as complete and correct.
(4)
Under certain extenuating circumstances, the Department
may require an additional 15 calendar days for review.
A.
A full forest stand delineation shall be submitted
at the initial stages of approval, before a regulated activity is
submitted for the tract being developed. Full forest stand delineations
shall be required for all submissions where the conditions of either
a simplified or intermediate forest stand delineation cannot be met.
B.
The delineation shall be prepared by a licensed forester, licensed landscape architect, or a qualified professional who meets the requirements stated in § 73-18B of this chapter.
C.
The delineation shall be used during the preliminary
plan review to determine the most suitable and practical areas for
forest conservation. All such submissions shall be prepared at a scale
of no less than one inch equals 200 feet at a size no less than 18
inches by 24 inches, and shall contain the following components:
(1)
Forest stand maps indicating species, location, and
basal count of trees and showing dominant and codominant forest types;
(2)
A soils map delineating hydric soils, or soils with
a soil K value greater than 0.35 on slopes of 15% or more, or soils
having structural limitations;
(3)
A topographic map delineating intermittent and perennial
streams, stream buffers, tidal and nontidal wetlands and associated
buffers, the 100-year floodplain, the Chesapeake Bay Critical Area,
and steep slopes over 25%;
(4)
Planned limits of disturbance;
(5)
Land use of adjacent properties;
(6)
Habitat areas occupied or utilized by rare, threatened,
or endangered species as identified by the Maryland Natural Heritage
Program;
(7)
Cultural features (e.g., cemeteries, historic sites,
etc.);
(8)
Trees having a diameter, measured at 4.5 feet above
ground, of:
(10)
Information required by the Talbot County Forest Conservation
Technical Manual; and
(11)
Other information the Department determines is necessary
to implement this chapter.
D.
Approval of full forest stand delineations:
(1)
An approved forest stand delineation may remain in
effect for a period not longer than five years.
(2)
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.
(3)
If the Department fails to notify the applicant within
30 days, the delineation shall be treated as complete and correct.
(4)
Under certain extenuating circumstances, the Department
may require an additional 15 calendar days for review.
A.
Once a forest stand delineation plan has been approved
by the Department, a forest conservation plan shall:
(1)
Be prepared by a licensed forester, a licensed landscape architect, or other qualified professional who meets the requirements stated in § 73-18B of this chapter;
(3)
Include the approved forest stand delineation for
the site;
(4)
Give priority to retaining existing forest on the
site, and if these forests cannot be retained, then the applicant
must qualify for a variance from the Planning Officer by demonstrating:
[Amended 7-26-2011 by Bill No. 1204]
(a)
How techniques for forest retention have been
exhausted;
(b)
Why any priority areas as defined in § 73-10B(2)(a) through (d) cannot remain undisturbed by proving:
(c)
How any required afforestation or reforestation will comply with the requirements specified in § 73-12 of this chapter; or
(d)
That the requirements for reforestation or afforestation
on site or off site cannot be reasonably accomplished and, therefore,
a fee in lieu of the required planting shall be made into the Talbot
County Conservation Fund.
(5)
Development projects occurring within the Town Residential
(TR) or Village Residential (VR), Village Hamlet (VH) and Village
Mixed (VM) Zones may meet any required afforestation or reforestation
requirements through the retention of an existing off-site forest,
provided that:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
The existing off-site forest is not currently
preserved and protected under a long term protective agreement;
(b)
Any off-site retention done to accomplish the
required afforestation or reforestation shall be at twice the acreage
amount necessary to meet the planting requirements; and
(c)
An intermediate forest stand delineation is
submitted for the existing off-site forest retention area.
B.
A forest conservation plan shall include:
(1)
A table that lists the proposed values of the following,
to the nearest 1/10 acre:
(2)
A clear graphic indication of any reforestation or
afforestation provided on the site drawn to scale and showing the
proximity of any retained forests;
(4)
In the case of afforestation or reforestation, a planting
plan, with a timetable and description of needed site and soil preparation,
species, size, and spacing to be used;
(5)
The limits of disturbance;
(6)
Stockpile areas;
(7)
Locations and types of protective devices to be used
during construction activities to protect trees and forests designated
for conservation;
(8)
A binding two-year maintenance agreement as provided for in § 73-16A that details how the areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment, including:
(9)
A long-term binding protective agreement as specified in § 73-16B 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 passive recreational activities and forest and wildlife
management practices that are used to preserve forest.
(10)
Information required in the Talbot County Forest Conservation
Technical Manual and any other information deemed necessary to implement
this chapter, as determined by the Department.
C.
Approval of forest conservation plans.
(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 written request of the applicant, the Department
may extend the deadline under extenuating circumstances.
(5)
The Department's review of a final forest conservation
plan shall be concurrent with the review of the final site plan or
final conditions for site plan review, final subdivision or final
project plan, building permit application, or sediment and erosion
control application associated with the project.
(6)
The Department may revoke an approved forest conservation
plan if it finds that:
(a)
A provision of the plan has been violated;
(b)
Approval of the plan 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 plan.
(7)
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.
(8)
Before revoking approval of a forest conservation plan, the Department shall notify the violator, in writing, and provide an opportunity for a hearing as stated in § 73-18A(2)(a).
If a portion of the proposed regulated activity is located within the Critical Area, then afforestation or reforestation requirements may follow those specified by the Talbot County Critical Area Program. All Critical Area afforestation and reforestation requirements must be met within the Critical Area portion of the parcel. However, any afforestation or reforestation necessary under this chapter may be conducted wholly or partially within the Critical Area. Protection agreements are required as stated in § 73-16B.
A.
Applicability.
(1)
Linear projects not exempted from the requirements of this chapter pursuant to § 73-3A shall meet the requirements enumerated in this section.
(2)
Linear projects subject to the requirements of this
section include:
[Amended 7-26-2011 by Bill No. 1204]
(a)
The construction and maintenance of linear County
utilities, such as drainage ditches, water and sewer lines, telephone
lines, cable television lines, natural gas and electrical power lines,
and the forest area cut or cleared is equal to or greater than 20,000
square feet; and
(b)
County road construction activities where public
funds are used and the forest area cut or cleared is equal to or greater
than 20,000 square feet. In cases where state funds are used for County
road construction activities, the activities are subject to Md. Code
Ann., Natural Resources Art. § 5-103, and the Department
of Natural Resources must be contacted for review of the project.
(3)
The net tract area for a linear project, not exempted
by this chapter, means:
B.
Requirements.
(1)
All forest stand delineations submitted for linear
projects shall encompass a minimum project area extending 100 feet
from the right-of-way center line, or 50 feet outside the proposed
limits of disturbance, if the right-of-way is wider than 100 feet.
(2)
A simplified forest stand delineation consistent with the requirements of § 73-4 herein may be submitted for approval on linear projects to determine if sufficient forested area is proposed for disturbance to require submission of a forest conservation plan. In addition, simplified forest stand delineations may be submitted for linear projects when:
(3)
The forest conservation threshold as described in § 73-11 herein for linear projects is 15% of the net tract area.
(4)
Linear projects which do not result in a change of
land use or land disturbing activities do not require afforestation.
However, any forest cleared for construction or maintenance shall
be cleared in conformance with best management practices and protection
measures as approved in a forest conservation plan.
A.
Afforestation requirement. A person making application
after the effective date of this chapter for site plan, subdivision
or project plan approval, a building permit, or a sediment and erosion
control permit for an area of land 20,000 square feet or greater,
not exempt from this chapter, shall:
[Amended 10-9-2007 by Bill No. 1105; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Conduct afforestation in accordance with the following:
(a)
Net tract areas having less than 20% forest
cover shall be afforested up to at least 20% in the following zoning
districts:
(b)
Net tract areas with less than 15% forest cover
shall be afforested up to at least 15% in all other remaining zoning
districts and institutional uses permitted or by special exception.
(2)
Comply with the following when cutting or clearing forest cover that is currently below the afforestation percentages described in Subsection A(1) of this section:
(a)
The required afforestation level shall be determined
by the amount of forest existing before cutting or clearing begins;
and
(b)
Forest cut or cleared below the required afforestation
level shall be reforested or afforested at a 2:1 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.
B.
Retention.
[Amended 7-26-2011 by Bill No. 1204]
(1)
Trees, shrubs, and plants located in sensitive areas,
including 100-year floodplains, intermittent and perennial streams
and their buffers, steep slopes 15% or greater, nontidal wetlands
and their buffers and critical habitats; and contiguous forest that
connects the largest undeveloped or most vegetated tracts of land
within and adjacent to the site shall be:
(2)
The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the Department, that the applicant qualifies for a variance in accordance with § 73-7A(4):
A.
There is a forest conservation threshold established for all land use categories, as provided in Subsection B below. The "forest conservation threshold" means the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for each acre removed above the threshold to a ratio of two 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 in the development of a site plan, subdivision or project plan, building permit, sediment and erosion control permit, and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation, or payment into the Forest Conservation Fund, according to the formula set forth in § 73-14 and consistent with the following forest conservation thresholds for the applicable zoning classifications:
[Amended 10-9-2007 by Bill No. 1105; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
|
Zoning Classifications
|
Threshold Percentage
| |
|---|---|---|
|
Agricultural Conservation (AC), Countryside
Preservation (CP), Western Rural Conservation (WRC), Town Conservation
(TC)
| ||
|
Unclustered
|
50% of net tract area
| |
|
Clustered
|
50% of proposed net tract area
| |
|
Town Residential (TR)
| ||
|
Without sewer
|
25%
| |
|
With sewer
|
20%
| |
|
Village Residential (VR), Village Hamlet (VH)
and Village Mixed (VM)
| ||
|
Without sewer
|
25%
| |
|
With sewer
|
20%
| |
|
Affordable Workforce Housing Floating District
(AWH)
|
20%
| |
|
Limited Industrial (LI)
|
15%
| |
|
Limited Commercial (LC)
|
15%
| |
|
General Commercial (GC)
|
15%
| |
|
Institutional Uses (any zone)
|
15%
| |
C.
Calculations.
(1)
For all existing forest cover measured to the nearest
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 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 C(1) of this section. The calculation of the credit shall be according to the criteria provided in the Talbot County Forest Conservation Technical Manual.
(3)
For all existing forest cover measured to the nearest
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 acres planted for each acre removed below the threshold.
A.
Requirements for afforestation and reforestation.
(1)
After techniques for retaining existing forest on
the site have been exhausted, afforestation or reforestation shall
occur, as determined by the Department, in the following sequence:
(a)
Selective clearing and supplemental planting
on site;
(b)
On-site afforestation or reforestation, if economically
feasible, using transplanted or nursery stock that is greater than
1.5 inches diameter measured at 4.5 feet above the ground;
(c)
On-site afforestation or reforestation, using
whip and seedling stock;
(d)
Landscaping of areas under an approved landscaping
plan which establishes a planting area that is at least 35 feet wide
and covering 2,500 square feet or more of area;
(e)
Off-site afforestation or reforestation, if
economically feasible, using transplanted or nursery stock that is
greater than 1.5 inches diameter measured at 4.5 feet above the ground;
(f)
Off-site afforestation or reforestation, using
whip and seedling stock;
(g)
Development projects occurring within the Town
Residential (TR) or Village Residential (VR), Village Hamlet (VH)
and Village Mixed (VM) Zones may meet any required afforestation or
reforestation requirements through the retention of an existing off-site
forest, provided that:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(h)
Natural regeneration in accordance with approved
forest management techniques.
(2)
A sequence other than the one described above may
be used for a specific project, if necessary, with Department approval,
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.
(3)
If the afforestation or reforestation cannot be reasonably
accomplished within the watershed in which the project is located,
then the afforestation or reforestation shall occur elsewhere within
Talbot County.
B.
The following are considered priority areas for afforestation
and reforestation:
(1)
Establish or enhance forest buffers adjacent to intermittent
and perennial streams to widths of at least 50 feet;
(2)
Establish or enhance nonforested areas on 100-year
floodplains, when appropriate;
(3)
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 300 feet in width
to facilitate wildlife movement;
(4)
Establish or enhance forest buffers adjacent to critical
habitats, where appropriate;
(5)
Establish plantings to stabilize slopes of 25% or
greater and slopes of 15% or greater with a soil K value greater than
0.35 including the slopes of ravines or other natural depressions;
(6)
Establish buffers adjacent to areas of differing land
use when appropriate, or adjacent to highways or utility rights-of-way;
(7)
Establish forest areas adjacent to existing forests
to increase the overall area of contiguous forest cover, when appropriate;
and
(8)
Establish or enhance forest buffers adjacent to nontidal
wetlands, when appropriate.
C.
Use native plant materials for afforestation or reforestation,
when appropriate.
D.
A person required to conduct afforestation or reforestation
shall accomplish it within one year or two growing seasons, whichever
is a greater time period, following development project completion.
A.
Tree species used for afforestation or reforestation
shall be native to Talbot County and selected from a list of approved
species.
B.
The Department shall adopt a list of approved tree
species to be used for any required afforestation or reforestation
and incorporate it into the Talbot County Forest Conservation Technical
Manual. This list shall be updated from time to time as amendments
become necessary subject to approval by the Department of Natural
Resources.
A.
There is an established Talbot County Forest Conservation
Fund.
B.
If a person subject to this chapter demonstrates to
the satisfaction of the Department that requirements for reforestation
or afforestation on site or off site cannot be reasonably accomplished,
the person shall contribute money, at a rate established by the County
Council fee schedule, per square foot of the area of required planting
into the Talbot County Forest Conservation Fund. For a project inside
a priority funding area, the rate shall be 20% lower than the rate
established above.
[Amended 7-26-2011 by Bill No. 1204]
C.
Money contributed instead of afforestation or reforestation
under this section shall be paid within 90 calendar days after final
development project approval.
D.
Money deposited in the Talbot County Forest Conservation Fund, which is collected under § 73-14B or § 73-18A:
(1)
May be spent on the costs directly related to reforestation
and afforestation, including site identification, acquisition, and
preparation, maintenance of existing forests and achieving urban canopy
goals;
[Amended 7-26-2011 by Bill No. 1204]
(2)
Shall be deposited in a separate fund, specifically
for forest conservation and forest enhancement activities which achieve
the objectives of the Talbot County Comprehensive Plan and Forest
Conservation Program; and
(3)
May not revert to the County's general fund.
E.
Sites for afforestation or reforestation using fund
money.
(1)
The reforestation or afforestation requirement under
this section shall occur in Talbot County and in the watershed in
which the project is located.
(2)
If the reforestation or afforestation cannot be reasonably
accomplished in the watershed in which the project is located, then
the reforestation or afforestation shall occur elsewhere in Talbot
County at the discretion of the Department.
A.
Standards for the protection of trees from construction
activity that are at least as effective as the standards provided
by the Department of Natural Resources shall be incorporated into
the Talbot County Forest Conservation Technical Manual. These standards
shall be updated from time to time as amendments become necessary
subject to approval by the Department of Natural Resources.
B.
Before cutting, clearing, grading, or construction
begins on a site for which a forest conservation plan is required
by this chapter, the applicant shall demonstrate to the Department
that protective measures have been established.
A.
Short-term protective agreements.
(1)
Maintenance agreements.
(a)
Application. A person required to conduct afforestation
or reforestation under this chapter shall include in the forest conservation
plan a binding maintenance agreement for the length of two years,
as specified in the Talbot County Forest Conservation Technical Manual
and as approved by the County Attorney.
(b)
Approval procedures and timing shall be consistent
with the procedures provided in this chapter and the Talbot County
Forest Conservation Program.
(c)
The maintenance agreement shall detail how the
areas designated for afforestation or reforestation will be maintained
to ensure protection and satisfactory establishment of forest, following
the standards provided in the Talbot County Forest Conservation Technical
Manual.
(d)
The person required to conduct the afforestation
or reforestation, hereafter referred to as the "obligee," shall present
evidence of a legal right to implement the proposed maintenance agreement
on a selected site by providing:
[1]
An executed deed conveying title to a selected
site to the obligee;
[2]
An executed conservation easement agreement;
[3]
Written evidence of the landowner's consent
to the use of a selected site;
[4]
A fully executed option agreement, long-term
lease agreement, or contract of sale for a selected site; or
[5]
Other written evidence of a possession or ownership
interest in a selected site.
(e)
The County shall be a signatory to the maintenance
agreement, or shall be designated a third-party beneficiary of the
agreement.
(f)
The Department may not release a bond or end
monitoring without receipt of a long-term protective agreement on
those lands where afforestation or reforestation will occur.
(g)
The maintenance agreement shall provide for
access, for the duration of the maintenance agreement, by the Department
to the afforestation or reforestation site.
(2)
Bonding.
(a)
Application.
[1]
A person required to conduct afforestation or
reforestation, or to deposit money into the local fund under this
chapter shall include a bond or other financial security as an element
of a forest conservation plan.
[2]
This section does not apply to agencies of any
federal, state, County or municipal government.
(b)
Requirements. A financial security shall be
furnished in the form of:
[1]
A bond which shall be made payable to the Talbot
County Council; or
[2]
An irrevocable letter of credit which shall:
[a]
Be equivalent to the required bond;
[b]
Be issued by a financial institution
authorized to do business in Maryland;
[c]
Expressly state that the total
sum is guaranteed to be available and payable directly to the County
on demand in the event of forfeiture; and
[d]
Be in force until all mitigation
for reforestation and afforestation and monitoring requirements have
been fulfilled to the satisfaction of the Department or until all
contributions have been made to the Talbot County Forest Conservation
Fund; or
[3]
Other security approved by the County.
(c)
(d)
The value of the financial security:
[2]
May be adjusted according to the actual cost
of mitigation for afforestation and reforestation or, if the cost
of future mitigation work changes, the County shall notify the obligee
of a proposed adjustment and provide an opportunity for an informal
conference on the adjustment; and
[3]
May be reduced if the obligee proves to the
County that the costs to complete the mitigation project have been
reduced.
(e)
A surety bond or other alternative form of security
may not be canceled by the surety, bank, or other issuing entity unless
both of the following conditions are satisfied:
[1]
The surety notifies the County and the obligee
of its intent to cancel the bond, in writing, by registered mail,
not less than 90 days before cancellation; and
[2]
At least 45 days before the cancellation date
indicated in the notice, the obligee files a commitment from a surety,
bank, or other issuing entity to provide a substitute security which
will be effective on the cancellation date indicated in the notice.
(f)
After one growing season, the person required
to file a bond or other financial security under this regulation may
request reduction of the amount of the bond or other financial security
by submitting a written request to the County with a justification
for reducing the bond or other financial security amount, including
estimated or actual costs to ensure that the afforestation or reforestation
requirements are met.
(g)
The County shall determine whether a lesser
amount is sufficient to cover the cost of afforestation or reforestation,
taking into account the following:
(h)
If after two growing seasons, the plantings
associated with the afforestation or reforestation meet or exceed
the standards of the Talbot County Forest Conservation Technical Manual,
the remaining amount of the cash bond, letter of credit, surety bond,
or other security shall be returned or released.
(i)
Bond release.
[1]
The bond shall be released on receipt of written
notice from the County, if applicable, stating that all afforestation
or reforestation requirements have been met.
[2]
The written notice shall be sent at the end
of the required two-year monitoring and management period, as provided
in the maintenance agreement.
[3]
If the County fails to send written notice within
60 days after the end of the monitoring and management period, the
bond shall be automatically released.
(j)
Financial security forfeiture.
[2]
The County shall notify the obligee, by certified
mail, of the intention of the County 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 through an administrative appeal as in § 73-17.
[4]
If the obligee fails to show cause, the bond
or other financial security shall be forfeited.
B.
Long-term protective agreements.
(1)
An applicant under this chapter shall have in effect
at all times an approved long-term protective agreement to conserve
and protect lands retained as forest, afforested or reforested under
this chapter. These may include one or more of the following:
(a)
Approved forest management plan.
[1]
Procedure for approval.
[a]
An application for approval of
a forest management plan shall include all information required in
the Forest Conservation Technical Manual.
[b]
The forest management plan:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[i]
Shall be legally binding from the
date of approval;
[ii]
Shall be prepared by a licensed
professional forester;
[iii]
Shall be submitted to the Department
of Natural Resources Forester assigned to Talbot County; and
[iv]
May be amended periodically, as
provided for in Subsection A(1)(a)[2] of this section.
[c]
The Forester shall review the plan
to ensure that it is complete and consistent with this chapter and
submit comments to the Department.
[d]
The Department shall notify the
applicant whether the forest management plan has been approved.
[2]
Procedure for amendment of an approved forest
management plan.
[a]
An approved forest management plan
may be amended if there is a change in site conditions or landowner
objectives.
[b]
Amendments shall be prepared by
a licensed professional forester.
[c]
The amendment shall be submitted
to the Department of Natural Resources Forester assigned to Talbot
County.
[d]
The Forester shall review the amendment
to ensure that it is complete and consistent with this chapter and
the Talbot County Forest Conservation Program.
[e]
The Department shall notify the
applicant as to whether the amendment has been approved.
[f]
The applicant shall sign the amendment.
(b)
Forest conservation and management agreement.
An applicant may satisfy the requirement for long-term protection
under Md. Code Ann., Natural Resources Art., § 5-1607(e),
by executing a forest conservation and management agreement, as provided
in Md. Code Ann., Tax-Property Art., § 8-211, and COMAR
08.07.03.
(c)
Other legally binding protective agreements,
at the discretion of the Department and the County Attorney.
(d)
An applicant may include in a forest conservation
plan another long-term protective measure if the applicant demonstrates
to the satisfaction of the Department and County Attorney that the
measure will provide for the long-term protection of the areas retained,
afforested or reforested under this section.
(2)
Procedure for a timber harvesting plan.
(a)
An individual may harvest timber on forested,
reforested, or afforested areas protected under an approved forest
conservation plan, provided that the harvest:
(b)
The Talbot County Forest Conservancy District
Board shall notify the Department and the applicant whether the timber
harvest plan has been approved.
A.
Appeals.
(1)
Any person aggrieved by any final ruling or order
as to the interpretation or application of the terms and conditions
herein provided may appeal to the Board of Appeals, provided said
appeal is taken within 30 days after the final decision has been rendered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
All appeals shall be in writing and shall state the
section of this chapter being appealed and the grounds for such appeal.
B.
Variances.
(1)
A person may request a variance from this chapter
if the person demonstrates that enforcement would result in unwarranted
hardship to the person.
(2)
An applicant for a variance shall:
(a)
Describe the special conditions peculiar to
the property which would cause the unwarranted hardship;
(b)
Describe how enforcement of these rules will
deprive the applicant of rights commonly enjoyed by others in similar
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 which 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;
(f)
Verify that the granting of a variance will
not adversely affect water quality; and
(3)
The Talbot County Board of Appeals shall make written
findings that the applicant has met the requirements of this section
before the Board of Appeals may grant a variance.
(4)
The County shall provide to the Department of Natural
Resources notification of a variance request within 15 days of the
receipt of an application. Written response received from the Department
of Natural Resources prior to the hearing date will be presented to
the Talbot County Board of Appeals.
(5)
The Department of Natural Resources shall have the
right to initiate or intervene in an administrative, judicial, or
other original proceeding or appeal concerning an approval of a variance
under this chapter.
A.
Enforcement.
(1)
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.
(2)
Noncompliance fees.
[Amended 7-26-2011 by Bill No. 1204]
(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 or long-term protection agreement shall be assessed by the Department the penalty as set by the County Council fee schedule per square foot of the area found to be in noncompliance with required forest conservation. Before such action, the violator shall be notified, in writing, and allowed an opportunity for a hearing as under § 73-17A.
(3)
Violation and penalties.
(a)
In addition to the provisions under § 73-18A(2), a person who violates a provision of this chapter or a regulation or order adopted or issued under this chapter is liable for a penalty not to exceed $1,000, which may be recovered in a civil action brought by the Department.
(b)
Each day a violation continues is a separate
violation.
(4)
The Department may seek an injunction requiring the
person to cease violation of this chapter and take corrective action
to restore or reforest an area.
B.
Qualified professional.
(1)
An individual may prepare a full or intermediate forest
stand delineation or a forest conservation plan, if the individual:
(a)
Is a licensed forester;
(b)
Is a licensed landscape architect; or
(c)
Meets the minimum requirements for qualified
professionals as determined by the Maryland Department of Natural
Resources for preparing forest stand delineations and forest conservation
plans and is approved, in writing, by the Maryland Department of Natural
Resources as a qualified professional.
C.
Fees. A nonrefundable fee will be collected for each
declaration of intent, simplified forest stand delineation, forest
stand delineation, and forest conservation plan submitted. This fee
will provide for the cost of plan review, administration and management
of the plan approval process, and inspection and monitoring of all
projects subject to this chapter. A permit fee schedule shall be established
as needed by the Talbot County Council.
A.
Amendments. The provisions of this chapter may be amended by the Talbot County Council in accordance with the procedures for text amendments as set forth in Chapter 190. Such amendments shall be consistent with the Forest Conservation Act, Md. Code Ann., Natural Resources Art., §§ 5-1601 through 5-1612, and the regulations adopted by the State of Maryland for forest conservation as promulgated in COMAR 08.19.01 through 08.19.06. Proposed amendments shall be referred to the Maryland Department of Natural Resources for review and approval.
[Amended 4-14-2009 by Bill No. 1162]
B.
Annual report.
(1)
On or before March 1 of each year, after the effective
date of this chapter, the Department shall prepare, and the County
shall submit to the Department of Natural Resources, a report on:
[Amended 7-26-2011 by Bill No. 1204]
(a)
The number, location, and type of projects subject
to the provisions of this chapter;
(b)
The amount and location of acres cleared, conserved,
and planted in connection with a development project;
(c)
The amount of reforestation and afforestation
fees and noncompliance penalties collected and expended;
(d)
The costs of implementing the Talbot County
Forest Conservation Program;
(e)
The size, location, and protection of any local forest mitigation
banks which are created under a local or state program;
(f)
The number, location, and types of violations and type of enforcement
activity conducted in accordance with this chapter; and
(g)
To the extent practicable, the size and location of all conserved
and planted forest areas, submitted in an electronic geographic information
system or computer-aided design format.
(2)
The Department of Natural Resources shall compile
the reports and submit them to the Senate Economic and Environmental
Affairs Committee and the House Environmental Matters Committee subject
to Md. Code Ann., State Government Art. § 2-1246, and Md.
Code Ann., Natural Resources Art., § 5-1613.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Biennial review by the Department of Natural Resources. The Department shall submit the necessary documentation to comply with COMAR 08.19.02.04, which shall consist of the information provided annually as provided in § 73-19B of this chapter, and other information requested by the Department of Natural Resources in writing 60 days in advance.
