[HISTORY: Adopted by the Board of County Commissioners of Dorchester
County 1-25-1994 as Ord. No. 228. Amendments
noted where applicable.]
The purpose of this chapter is to establish minimum technical standards
for the submission and approval of a forest stand delineation, forest conservation
plan and other performance standards enumerated herein. The County Commissioners
have determined that to meet the requirements of Natural Resources Article,
§ 5-1601 et seq., Annotated Code of Maryland, the provisions of
this chapter must be enacted.
This chapter receives its authority from Natural Resources Article,
§§ 5-1601 through 5-1612, Annotated Code of Maryland, and COMAR
08.19.01-08.19.06.
As used in this chapter, the following terms shall have the meanings
indicated:
Establishment of a forest on an area from which forest cover has been
absent for a long period of time;
Planting of open areas which are not presently in forest cover; or
Establishment of a forest according to procedures set forth in the Dorchester
County Forest Conservation Technical Manual.
Those areas of Dorchester County with the following zoning classifications
as identified on the official Dorchester County Zoning Map(s): Conservation
District (C); Agricultural-Residential District (A-R); Maritime-Agricultural-Residential
(M-A-R); R-1 Residential District and the R-2 Residential District (if the
parcel is not served by central water and sewer).
The largest tree of its species within the United States, the state,
county or municipality.
The Dorchester County Planning Commission.
The County Commissioners of Dorchester County.
A critical habitat for endangered species and its surrounding protection
area. A "critical habitat area" shall:
Be likely to contribute to the long-term survival of the species;
Be likely to be occupied by the species for the foreseeable future;
and
Constitute habitat of the species which is deemed critical under Title
4, Subtitle 2A, Section 6, §§ 4-2A-04 and 10-2A-06 of the Natural
Resources Article, Annotated Code of Maryland.
Either the Department of Planning and Zoning or the Dorchester County
Highway Department, whichever is applicable.
The Forest Conservation Manual -- Guidance for the Conservation of
Maryland's Forests During Land Use Changes Under the 1991 Forest Conservation
Act, dated December 31, 1991. The term shall also apply to any amendment of
the manual or any locally authored manual which supersedes the state manual.
A biological community dominated by trees and other woody plants
covering a land area of 10,000 square feet or greater. This area must have
a tree density of at least 100 living trees per acre, with at least 50% of
those trees having a two-inch or greater diameter at 4.5 feet above the ground.
A "forest" includes areas that have been cut but not cleared. "Forest" does
not include orchards or Christmas tree plantations.
The retention of existing forest or the creation of new forest at
the levels prescribed by the local authority.
A plan approved pursuant to this chapter.
A plan establishing best conservation and management practices for
a landowner in assessment of the resource values of forested property.
The description of the existing vegetation on a site proposed for
development, prepared pursuant to this chapter.
A stream in which surface water is absent during a part of the year
as shown on the most recent seven-and-five-tenths-minute topographical quadrangle
published by the United States Geological Survey or as confirmed by field
verification.
The short-term management agreement associated with afforestation
or reforestation plans required under Natural Resources Article, § 5-1605,
Annotated Code of Maryland, and this chapter.
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.
Except in agricultural and resource areas, the total area of a parcel,
including both forested and nonforested areas, to the nearest one-tenth (1/10)
acre, reduced by the area found to be within the critical area and the incorporated
limits of any municipality.
In agricultural and resource areas, the part of the total tract for
which land use will be changed or will no longer be used for primary agricultural
activities reduced by the area to be found within the critical area and the
incorporated limits of any municipality.
An area that is inundated or saturated by surface 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."
The determination of whether an area is considered a nontidal wetland
shall be made 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.
"Nontidal wetlands" do not include tidal wetlands regulated under Title
9 of the Natural Resources Article, Annotated Code of Maryland.
Outside the limits of the area encompassed by a parcel.
Within the limits of the area encompassed by a parcel.
A stream containing surface water throughout an average rainfall
year, as shown on the most recent seven-and-five-tenths-minute topographical
quadrangle published by the United States Geological Survey or as confirmed
by field verification.
A person who:
Is a licensed forester;
Is a licensed landscape architect; or
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.
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 Dorchester
County Forest Conservation Technical Manual.
The deliberate holding and protecting of existing trees, shrubs or
plants on the site, according to established standards.
An unbranched woody plant, less than 24 inches in height and having
a diameter of less than one-half-inch caliper measured at two inches above
the root collar.
The planned removal of trees, shrubs and plants using specific standards
and protection measures under an approved forest conservation plan.
Slopes of 25% or greater incline.
All lands lying within 50 feet, measured from the top of each normal
bank of a perennial or intermittent stream.
The division of a single lot, tract or parcel of land or part thereof
into two or more lots, tracts or parcels of land for the purpose, whether
immediate or future, of transfer of ownership or of building development.
"Subdivision," when appropriate to the context, shall relate to the process
of subdividing or to the lands subdivided.
A tree cutting operation affecting one or more acres of forest or
developed woodland within a one-year integral that disturbs 5,000 square feet
or more of forest floor. "Timber harvesting" does not include grubbing and
clearing or root mass.
A large, woody plant that reaches a height of at least 20 feet at
maturity, having one or several self-supporting stems or trunks and numerous
branches.
All land lying within an area described as a subbasin in water quality
regulations adopted by the Department of 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.
A.
The forest stand delineation, hereinafter referred to
as "the delineation," shall be prepared by a qualified professional, as herein
defined.
B.
The delineation shall include, at a minimum, the following
components:
(1)
A topographic map delineating intermittent and perennial
streams and steep slopes over 25%.
(2)
A soils map delineating hydric soils or soils with a
soil k value greater than thirty-five hundredths (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 trees.
(4)
A map indicating the extent and location of critical
habitat areas and of trees, shrubs or plants determined to be rare, threatened
or endangered.
(5)
Information required by the Dorchester County Forest
Conservation Technical Manual, incorporated herein by reference.
(6)
Other information the Department determines is necessary
to implement this chapter.
C.
A simplified delineation may be submitted for an area when no forest cover is disturbed during construction activity. In lieu of Subsection B(3) above, the delineation may include a map showing existing forest cover, as verified by field survey.
D.
For minor subdivisions only, the delineation may be submitted
for the net tract area.
E.
Approval of forest stand delineations.
(1)
An approved 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)
At the request of either the Department or the applicant,
the deadline may be extended under extenuating circumstances.
A.
A forest conservation plan shall:
(1)
Be prepared by a qualified professional.
(2)
Be submitted with the application for subdivision or
erosion and sediment control plan.
(3)
Include the forest stand delineation for the site.
(4)
Be disapproved unless the accompanying forest stand delineation
is approved.
(5)
Be submitted for the net tract area of the parcel, as
defined herein.
B.
A forest conservation plan shall include:
(2)
A graphic indication of the forest conservation or afforestation
provided on the site drawn to scale, showing areas where retention of existing
forest or afforestation or reforestation is proposed.
(3)
In the case of afforestation or reforestation, include
a proposed afforestation or reforestation plan.
(4)
A proposed construction time table showing the sequence
of forest conservation procedures.
(5)
The proposed limits of disturbance.
(6)
Proposed stockpile areas.
(7)
A proposed two-year maintenance agreement that shows
how areas designated for afforestation or reforestation will be maintained
to ensure protection and satisfactory establishment.
(8)
Other information required in the Dorchester County Forest
Conservation Technical Manual necessary to implement this chapter.
(9)
A long-term binding protective agreement that:
(a)
Provides protection for areas of forest conservation,
including areas of afforestation, reforestation and retention.
(b)
Limits uses in areas of forest conservation to those
that are designated and consistent with forest conservation, including recreational
activities and forest management practices that are used to preserve forest(s).
(10)
The proposed location and types of protective devices
to be used during construction activities to protect trees and forests designated
for conservation.
(11)
An explanation of how the proposed plan is consistent
with the priorities for afforestation, reforestation and retention contained
herein.
C.
Review of forest conservation plan.
(1)
Within 30 calendar days after receipt of the final forest
conservation plan, the Department shall notify the applicant whether the forest
conservation plan is complete and correct.
(2)
If the Department fails to notify the applicant within
30 calendar days, the plan shall be treated as complete and correct.
(3)
At the request of either the Department or the applicant,
the deadline may be extended under extenuating circumstances.
D.
Priorities for forest protection.
E.
Priorities and time requirements for afforestation and
reforestation.
(1)
The preferred sequence for afforestation and reforestation
is as follows:
(a)
Selective clearing and supplemental planting on site.
(b)
On-site afforestation and reforestation, if economically
feasible and under certain conditions as determined in the Dorchester County
Forest Conservation Technical Manual, using transplanted or nursery stock
that is greater than 1.5 inches in 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 forest 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 and under certain conditions as determined in the Dorchester County
Forest Conservation Technical Manual, using transplanted or nursery stock
that is greater than 1.5 inches in diameter measured at 4.5 feet above the
ground.
(f)
Off-site afforestation or reforestation, using whip and
seedling stock.
(g)
Natural regeneration on site.
(h)
Natural generation off site.
(2)
A sequence other than the one described above may be
used for a specific project, if necessary to achieve the objectives of the
Dorchester County Comprehensive Plan or Land Use Policies or to take advantage
of opportunities to consolidate forest conservation efforts, at the discretion
of the Department.
(3)
The following are considered a priority for afforestation
and reforestation:
(a)
Establish or enhance forest buffers adjacent to intermittent
and perennial streams to widths of at least 50 feet.
(b)
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.
(c)
Establish or enhance forest buffers adjacent to critical
habitats, where appropriate.
(d)
Establish buffers 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.
(e)
Establish forest areas adjacent to existing forests to
increase the overall area of contiguous forest cover, as deemed appropriate
by the Department.
(f)
Use native plant materials for afforestation or reforestation,
unless deemed inappropriate by the Department.
(g)
Establish forest areas on lands not considered to be
prime agricultural lands, as determined by the Dorchester County Soil Conservation
District.
(h)
Buffering between differing land uses.
(i)
Pay into a mitigation bank through the purchase of mitigation
banks credits, if available.
[Added 9-24-2002 by Ord. No. 308]
(4)
A person required to conduct afforestation or reforestation
under this chapter shall accomplish it within six months of the recordation
of the final plat or within one year of the issuance of the grading permit,
whichever is applicable. The deadline for compliance with this subsection
may be extended, subject to concurrence from the County Commissioners.
A.
Short-term protective agreements.
(1)
A person required to conduct afforestation or re-forestation
shall include in the Forest Conservation Plan a binding maintenance agreement
for the length of two years.
(2)
The maintenance agreement shall detail how the areas
designated for afforestation or reforestation will be maintained to ensure
protection and satisfactory establishment of forest.
(3)
The person required to conduct the afforestation or reforestation
shall present evidence of a legal right to implement the proposed maintenance
agreement on a selected site.
(4)
The maintenance agreement shall not be released until
or unless a long-term lease or conservation easement agreement is in place
to protect the lands where afforestation or reforestation will occur.
(5)
The maintenance agreement shall provide access by the
Department to the afforestation or reforestation site.
(6)
A person required by this chapter to conduct afforestation
or reforestation shall furnish surety to the county in the form of a bond,
an irrevocable letter of credit or other security approved by the Department.
The surety shall:
(a)
Assure that the afforestation, reforestation and associated
management plan are conducted and maintained in accordance with the approved
forest conservation plan;
(b)
Be in the amount equal to the estimated cost, as determined
by the Department;
(c)
Be in a form and of a content approved by the County
Attorney; and
(d)
Be provided prior to plat recordation or approval of
the grading permit.
(7)
If, upon expiration of the short-term protective agreement,
the planting associated with the afforestation or reforestation meets or exceeds
the standards of the Dorchester County Forest Conservation Technical Manual,
the remaining amount of the cash bond, letter of credit, surety bond or other
surety shall be returned or released upon written request of the person required
to provide said surety.
(8)
The terms and conditions of the agreement shall be binding
on the lot or parcel and may not be terminated upon transfer of title.
B.
Long-term protective agreements.
(1)
An applicant under this chapter shall have in effect
at all times after project approval approved long-term protective measures
to retain as forest all land afforested, reforested or retained under this
chapter. This may include one or more of the following:
(a)
Approved forest management plan, prepared by a licensed
professional forester and approved by the Department of Natural Resources.
(b)
Forest conservation and management agreement, as provided
for in Tax-Property Article, § 8-211, Annotated Code of Maryland.
(d)
Other legally binding agreements shall provide for the
protection of all lands forested, afforested or reforested under this chapter
and shall limit the uses of the forest to those that are consistent with forest
conservation.
(2)
A long-term protective agreement shall be binding for
a minimum period of 15 years.
(3)
The terms and conditions of the agreement shall be binding
on the lot or parcel and may not be terminated upon transfer of title.
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 Dorchester Forest Conservancy District Board shall
notify the Department or the individual whether the timber harvest plan has
been approved.
[Amended 9-24-2002 by Ord. No. 308]
A.
A County agency may establish a forested area in the
amount of planned cutting or clearing on County-maintained rights-of-way.
Such areas shall be subject to the provisions for short- and long-term protection.
B.
Forest mitigation banking would be permitted on private
land for the mutual benefit of landowners to purchase and sell mitigation
bank credits to persons who would be required to meet forest conservation
requirements.
(1)
Sites must be 10 acres and include one of the following:
(2)
To create a forest mitigation bank:
(a)
Landowner is required to develop a forest conservation plan with a licensed Maryland forester, licensed landscape architect, or Maryland DNR qualified environmental professional. Requirements of a forest conservation plan are listed under § 96-5.
(c)
The forest conservation plan and LTPA will be filed by
the County with the clerk of courts.
(d)
A forest conservation plan will require the posting of
a letter of credit from a financial institution for two years from plan approval.
(e)
Landowners must obtain final approval of their forest
conservation plan from the Dorchester County Office of Planning and Zoning
Forest Conservation Program, prior to the selling of mitigation credits.
(f)
Any agreement made for selling and/or purchasing mitigation
credits is between individual parties, and is not between the Dorchester County
Office of Planning and Zoning or its employees/agents.
(g)
Lands under CREP, or similar programs,
are not eligible for mitigation banking.
