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:
Why the priority forests and priority areas cannot be left undisturbed,
how the sequence for afforestation or reforestation will be followed
in compliance with Natural Resources Article, § 5-1604(c)(1),
Annotated Code of Maryland, cannot be left in an undisturbed condition:
If priority forests and priority areas cannot be left undisturbed,
how the sequence for afforestation or reforestation will be followed
in compliance with Natural Resources Article, § 5-1607,
Annotated Code of Maryland.
Where on the site in priority areas afforestation or reforestation
will occur in compliance with Natural Resources Article, § 5-1607,
Annotated Code of Maryland; and
How the disturbance to the priority forests and priority areas specified
in Natural Resources Article, § 5-1607(c) (2), Annotated
Code of Maryland, qualifies for a variance.
The applicant shall demonstrate to the satisfaction of the Department
that the requirements for afforestation or reforestation on site or
off site cannot be reasonably accomplished if the applicant proposes
to make a payment into the local forest conservation fund or to purchase
credits from a forest mitigation bank.
Nontidal wetlands. A regulated activity within the net tract area
that occurs wholly or partly in areas regulated as nontidal wetlands
under Environment Article, Title 9, Annotated Code of Maryland, is
subject to both the nontidal wetlands regulatory requirements and
the requirements of this chapter, subject to the following:
Any area of forest in the net tract area, including forest in nontidal
wetlands that is retained, shall be counted towards forest conservation
requirements under this chapter;
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 Environment Article, Title 9, Annotated
Code of Maryland, 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.
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.
A preliminary forest conservation plan shall be prepared by a licensed
forester, a licensed landscape architect, or a qualified professional
who meets the requirements stated in COMAR 08.19.06.01A.
Include a clear graphic indication of the forest conservation provided
on the site drawn to scale, showing areas where retention of existing
forest or afforestation or reforestation is proposed;
Incorporate a proposed two-year maintenance agreement that shows
how areas designated for afforestation or reforestation will be maintained
to ensure protection and satisfactory establishment; and
During the different stages of the review process, the preliminary
forest conservation plan may be modified, provided the Department
approves of the changes.
A final forest conservation plan shall be prepared by a licensed
forester, a licensed landscape architect, or a qualified professional
who meets the requirements stated in COMAR 08.19.06.01A.
Show proposed locations and types of protective devices to be used
during construction activities to protect trees and forests designated
for conservation.
In the case of afforestation or reforestation, include an afforestation
or reforestation plan, with a timetable and description of needed
site and soil preparation, species, size, and spacing to be used;
Incorporate a binding two-year maintenance agreement specified in
COMAR 08.19.05.01 that details how the areas designated for afforestation
or reforestation will be maintained to ensure protection and satisfactory
establishment, including:
A reinforcement planting provision if survival rates fall before
required standards, as provided in the current version of the State
Forest Conservation Technical Manual;
Limits uses in areas of forest conservation to those uses that
are designated and consistent with forest conservation, including
recreational activities and forest management practices that are used
to preserve forest; but
Include the substantive elements required under § 280-11B (2) through (5), (7) through (9), and (11) of this article, as finalized elements of the forest conservation plan; and
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.
The Department's review of a final forest conservation plan
shall be concurrent with the review of the final subdivision or project
plan, grading permit application, or sediment control application
associated with the project.
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.