A.
A person may create a forest mitigation bank from which applicants
may purchase credits to meet the afforestation and reforestation requirements
of this chapter.
B.
The forest mitigation bank shall:
(1)
Afforest or reforest an area of land in accordance with a forest
mitigation bank agreement;
(2)
Be protected by an easement, deed restrictions, or covenants which
require the land in the bank to remain forested in perpetuity and
are enforceable by the Department and the Department of Natural Resources;
(3)
Limit the use of the land in the bank to those activities which are
not inconsistent with forest conservation such as recreational activities,
forest management under a forest conservation and management program
under Tax Property Article, § 8-211, Annotated Code of Maryland,
or activities specified in a forest management plan prepared by a
licensed forester and approved by the Department;
(4)
Use native plant materials for afforestation or reforestation unless
inappropriate; and
(5)
Cause trees to be planted which:
(a)
Establish or enhance forested buffers adjacent to intermittent
and perennial streams and coastal bays to widths of at least 50 feet;
(b)
Establish or increase existing forested corridors, which, where
practical, should be a minimum of 300 feet in width to facilitate
wildlife movement, to connect existing forests within or adjacent
to the site;
(c)
Establish or enhance forest buffers adjacent to critical habitats
where appropriate;
(d)
Establish or enhance forested areas in one-hundred-year floodplains;
(e)
Stabilize slopes of 25% or greater;
(f)
Stabilize slopes of 15% or greater with a soil K value greater
than 0.35, including the slopes of ravines or other natural depressions;
(g)
Establish buffers adjacent to areas of differing land use where
appropriate, or adjacent to highways or utility rights-of-way; or
(h)
Establish forest areas adjacent to existing forests to increase
the overall area of contiguous forest cover, when appropriate.
C.
A person proposing to create a forest mitigation bank shall submit
to the Department a:
(1)
Completed application on a form approved by the Department which
has been signed by an authorized individual in conformance with COMAR
08.19.04.021;
(2)
Forest mitigation bank plan which contains a:
(a)
Vicinity map of the proposed mitigation bank site;
(b)
Simplified forest stand delineation which meets the criteria
in COMAR 08.19.04.02;
(c)
Detailed afforestation or reforestation plan, which shall include
a timetable and description of the site and soil preparation needed,
species, size, and spacing to be utilized, prepared by a licensed
Maryland forester, a licensed landscape architect, or a qualified
professional who meets the requirements stated in COMAR 08.19.06.01A;
and
(d)
Proposed two-year maintenance agreement that:
(3)
Copy of the deed to the property;
(4)
Survey or other legally sufficient description of the bank site for
inclusion in the deeds of easement, deed restrictions, or covenants;
(5)
Title report or other assurance that:
(a)
The property is not encumbered by any covenants or other types
of restrictions which would impair the property's use as a forest
mitigation bank; and
(b)
There is legally sufficient access to the forest mitigation
bank site which can be used by the Department and its assignees to
inspect the forest mitigation bank; and
(6)
Description of the system to be used by the person owning and operating
the forest mitigation bank to identify and keep track of which portions
of the bank have been debited to meet an applicant's off site
afforestation or reforestation requirements.
D.
The owner of an approved forest mitigation bank shall enter into
an agreement with the Department which contains:
(1)
The approved reforestation or afforestation plan;
(2)
The approved system for marking and tracking which portions of the
bank have been debited; and
(3)
An acknowledgement that the bank may not debit any portion of the
afforested or reforested land until two years of successful growth
has been achieved unless the banker has posted a bond or alternate
form of security.
