Wicomico County, MD Article VI Afforestation and Reforestation

§ 126-14 Afforestation requirements.

A. A person making application after the effective date of this chapter for a building permit, a stormwater management plan, a subdivision plat or project plan or a grading permit or sediment control permit for an area of land of 40,000 square feet or greater not exempt from this chapter shall provide afforestation, preferably (as determined by the Department) on the lot or parcel of the development, in accordance with the following:

(1) A tract having less than 20% of the 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:

(a) Agriculture and resource areas.

(b) Medium-density residential uses.

(2) A tract with 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:

(a) Institutional development areas.

(b) High-density residential areas.

(c) Mixed-use and planned unit development use.

(d) Commercial and industrial use areas.

(3) A forest that is cut or cleared below the required afforestation level shall be reforested or afforested at a ratio of 2 to 1 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. The required afforestation level shall be determined by the amount of forest existing on the site before cutting or clearing begins.

§ 126-15 Reforestation and forest conservation thresholds.

A. There is a forest conservation threshold established for all land uses on nonexempt properties. 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 on the site of the proposed development, the forest conservation plan shall provide for reforestation or payment into the forest conservation fund, according to the formula set forth in this chapter. The following are the forest conservation thresholds for the applicable land use category:

	Land Use Category	Threshold Percentage
	Agricultural and resource areas	50%
	Medium-density residential areas	25%
	Institutional development areas	20%
	High-density residential areas	20%
	Mixed-use and planned unit development areas	15%
	Commercial and industrial use areas	15%

C. Calculations of reforestation requirements.

(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 one-fourth 1/4 acre planted for each acre removed.

(2) Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under Subsection C(1) of this section. The calculation of the credit shall be according to the criteria provided in the Wicomico County Forest Conservation 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.

§ 126-16 Location priorities for afforestation and reforestation.

A. 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, if economically feasible, using transplanted or nursery stock that is greater than 1.5 inches in diameter, measured at 4.5 feet above the ground.

(3) On-site afforestation or reforestation, using whip and seedling stock.

(4) Landscaping of areas under an approved landscaping plan that establishes a forest that is at least 35 feet wide and covering 2,500 square feet or more of area.

(5) Off-site afforestation or reforestation, if economically feasible, using transplanted or nursery stock that is greater than 1.5 inches in diameter, measured at 4.5 feet above the ground.

(6) Off-site afforestation or reforestation, using whip and seedling stock.

(7) Off-site retention of existing forested areas through protective long-term easement agreements not exceeding 50% of the required afforestation or reforestation requirements.

(8) Natural regeneration, in accordance with approved forest management techniques.

(9) Use native plant materials for afforestation or reforestation, when appropriate.

B. A sequence other than the one described in this chapter 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.

C. The following are considered as priority locations for afforestation and reforestation to:

(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 one-hundred-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.

D. A person required to conduct afforestation or reforestation under this chapter shall accomplish it within one year or two growing seasons, whichever is a greater time period, following development project completion.