A. 
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 Forest Conservation Manual and as approved by the County Attorney. Approval procedures and timing shall be consistent with the procedures provided in this chapter.
B. 
The maintenance agreement shall detail how the areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment of the forest and shall follow the standards provided in Chapter 3 of the Forest Conservation Manual, including:
(1) 
Provision for access by the Department or its representative to the afforestation or reforestation site; and
(2) 
Provision that the Department shall be a signatory to the maintenance agreement or shall designate the Department as a third-party beneficiary of the agreement.
C. 
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 possessory or ownership interest in a selected site.
D. 
The Department may not release a bond or end monitoring without receipt of a legally binding deed, long-term lease or conservation easement agreement on those lands where afforestation or reforestation will occur.
A. 
A person required to conduct afforestation or reforestation under this chapter shall furnish financial security in the form of a bond, an irrevocable letter of credit or other security approved by the Department. The approved security shall be provided prior to plat recordation, if required for approval of a subdivision; prior to site development plan approval, if required for site development approval; and prior to permit issuance, if required for building or grading permit approval. The surety shall:
(1) 
Assure that the afforestation, reforestation and the associated maintenance agreement are conducted and maintained in accordance with the approved forest conservation plan.
(2) 
Be in an amount equal to the estimated cost, as determined by the Department, of afforestation and reforestation.
(3) 
Be in a form and of a content approved by the County Attorney.
B. 
After one growing season, the person required to file a bond may request reduction of the amount of the bond or other financial security by submitting a written request to the Department with a justification for reducing the bond or other financial security amount, including estimated or actual costs, to ensure that afforestation or reforestation requirements are met.
C. 
The Department shall determine whether a lesser amount is sufficient to cover the cost of afforestation or reforestation, taking into account the following:
(1) 
The number of acres.
(2) 
The proposed method of afforestation or reforestation.
(3) 
The cost of planting materials or replacement materials.
(4) 
The cost of maintenance of the afforestation or reforestation project.
(5) 
Other relevant factors.
D. 
If, after two growing seasons, the plantings associated with the afforestation or reforestation meet or exceed the standards of the Wicomico County Forest Conservation Manual and the maintenance agreements, the amount of the cash bond, letter of credit, surety bond or other security shall be returned or released.
E. 
If, after two growing seasons, or as provided in the maintenance agreement, the plantings do not meet the aforesaid standards, the county shall have the right to draw on the security according to its terms and use the sums withdrawn for the costs incurred by the county in achieving the afforestation or reforestation standards required by the plan and manual. Any costs incurred by the county in excess of the security amount shall be charged against the developer and, unless they are paid or appealed to the Board of Appeals within thirty (30) days after billing by the county, shall become a final lien against the property being developed and shall, in every respect, be treated as county real estate taxes.
[Amended 7-6-2004 by Bill No. 2004-6]
A. 
An applicant shall have in effect at all times an approved long-term protective agreement as provided in this chapter and the Natural Resources Article of the Annotated Code of Maryland, § 5-1607, to preserve and protect areas retained, afforested or reforested.
B. 
An applicant may satisfy the requirement for long-term protection by:
(1) 
A forest management plan approved in compliance with the provisions of COMAR Title 08.19.05.02 and the Department of Natural Resources.
(2) 
Executing a forest conservation and management agreement, as provided in Tax-Property Article, § 8-211, Annotated Code of Maryland, and COMAR 08.07.03.
(3) 
Executing other legally binding protective agreements, approved by the County Attorney, and providing protection for land forested, afforested or reforested under this chapter; and a limitation on the uses of forest to those that are consistent with forest conservation. Such agreements include the following:
(a) 
Covenants running with the land.
(b) 
Deed restrictions.
(c) 
Conservation easements.
(d) 
Land trusts.