Once a forest stand delineation plan has been approved by the Department,
a forest conservation plan consistent with the following shall be required.
A. In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest on the site consistent with the reforestation and afforestation requirements of Article
VI of this chapter.
B. If existing forest on the site subject to a forest conservation
plan cannot be retained, the applicant shall demonstrate to the satisfaction
of the Department:
(1) How techniques for forest retention have been exhausted.
(2) Why the priority forests and priority areas 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 §
126-16 of this chapter.
(4) Where on the site in priority areas afforestation or
reforestation will occur in compliance with the Natural Resources Article
of the Annotated Code of Maryland, § 5-1607.
(5) The identity of the proposed off-site area where existing
forested areas not currently protected will be preserved to meet up to 50%
of the forested area to be mitigated.
C. If the applicant proposes to make a payment in lieu of afforestation or reforestation, the applicant shall demonstrate to the satisfaction of the Department that the requirements for afforestation or reforestation on site or off site, as required in Article
VI of this chapter, cannot reasonably be accomplished.
D. Nontidal wetlands. A regulated activity within the net
tract area that occurs wholly or partly in areas regulated as nontidal wetlands
under the Natural Resources Article of the Annotated Code of Maryland, §§ 8-1201
through 8-1211, 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 wetlands that is retained, shall be counted toward forest conservation requirements as stated in Article
VI of this chapter.
(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 state regulations 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 and their twenty-five-foot buffers
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.
(5) All such areas shall be shown on a site plan drawn to
scale and including footprints of all proposed development on the site.
The following trees, shrubs, plants and specific areas are considered
priority for retention and protection and shall be left in an undisturbed
condition unless the applicant has demonstrated, to the satisfaction of the
Department, that reasonable efforts have been made to protect them and the
plan cannot be reasonably altered:
A. Trees, shrubs and plants located in sensitive areas,
including the tidal and nontidal one-hundred-year floodplain, intermittent
and perennial streams and their buffers, steep slopes of over 25%, nontidal
wetlands and critical habitats.
B. Contiguous forest that connects the largest undeveloped
or most vegetated tracts of land within and adjacent to the site.
C. Trees, shrubs or plants determined to be rare, threatened
or endangered under:
(1) The federal Endangered Species Act of 1973 in 16 U.S.C.
§§ 1531 through 1544 and in 50 CFR Part 17.
(2) The Maryland Nongame and Endangered Species Conservation
Act, Natural Resources Article of Annotated Code of Maryland, §§ 10-2A-01
through 10-2A-09, and COMAR 08.03.08.
D. Trees that are a part of an historic site or are associated
with an historic structure or have been designated by the state or the Department
as a national, state or county champion tree.
E. Any tree having a diameter measured at 4.5 feet above
the ground of:
(1) Thirty inches or more; or
(2) Seventy-five percent or more of the diameter, measured
at 4.5 feet above the ground, of the current state champion tree of that species,
as designated by the Department of Natural Resources.
F. Recommended 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 and incorporated into the
Wicomico County Forest Conservation Manual.