Charles County, MD
 
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Table of Contents
Table of Contents
The purpose of this chapter is to establish a Charles County Forest Conservation Program pursuant to the requirements of the Natural Resources Article, §§ 5-1601 through 5-1612, of the Annotated Code of Maryland.
In this chapter, the following terms have the meanings indicated. Any term not defined in this chapter shall have the meaning as defined in the Charles County Zoning Ordinance.[1]
A. 
Establishment of a forest on an area from which forest cover has been absent for a long period of time;
B. 
Planting of open areas which are not presently in forest cover; or
C. 
Establishment of a forest according to afforestation or reforestation standards as provided in the Maryland Forest Conservation Technical Manual.
AGRICULTURAL ACTIVITY
Farming activities including plowing, tillage, cropping, installation of best management practices, seeding, cultivating and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, nursery, and other products cultivated as part of a recognized commercial enterprise.
AGRICULTURAL AND RESOURCE AREAS
Undeveloped areas zoned for densities of less than or equal to one dwelling unit per five acres and corresponds to the Charles County Zoning classification: Rural Conservation Deferred Development District.
APPLICANT
A person who is applying for approval of a subdivision plan, site plan, County project or a grading permit or sediment control approval or who is seeking or who has received approval of a forest stand delineation or forest conservation plan.
APPROVED FOREST MANAGEMENT PLAN
A document:
A. 
Approved by the Department of Natural Resources forester assigned to the County in which the property is located; and
B. 
Which operates as a protective agreement for forest conservation as described in the Natural Resources Article, § 5-1607(e) and (f), of the Annotated Code of Maryland.
CALIPER
The diameter of a tree measured at six inches above the root collar.
CHAMPION TREE and CHAMPION TREE OF THE STATE
A tree which appears in the State Forest Conservation Manual list of state champion trees, as may be amended.
CHESAPEAKE BAY CRITICAL AREA
Lands governed by the Chesapeake Bay Critical Area Protection Law, Natural Resources Article §§ 8-1801 through 8-1816, of the Annotated Code of Maryland.
COMMERCIAL AND INDUSTRIAL AREAS
Lands zoned for manufacturing operations, office complexes, shopping centers and other similar uses and their associated storage areas, yarding and parking areas, as may be permitted in the following commercial and industrial zones established in the Charles County Zoning Ordinance:[2] Village Commercial, Neighborhood Commercial, Community Commercial, Central Business, Business Park, General Industrial, and Heavy Industrial.
COMMERCIAL LOGGING OR TIMBER HARVESTING OPERATIONS
The cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.
COUNTY PROJECT
A construction, grading, or sediment and erosion control activity on an area 40,000 square feet or greater by a County agency.
CRITICAL HABITAT AREA
A critical habitat for an endangered species and its surrounding protection area. A critical habitat area is an area determined by official or state regulations or guidelines to:
A. 
Be likely to contribute to the long-term survival of the species;
B. 
Be likely to be occupied by the species for the foreseeable future; and
C. 
Constitute habitat of the species which is considered critical under the Natural Resources Article, §§ 4-2a-04 and 10-2a-06, of the Annotated Code of Maryland.
CRITICAL HABITAT FOR ENDANGERED SPECIES
A habitat occupied by an endangered species as determined or listed under the Natural Resources Article, §§ 4-2a-04 and 10-2a-04, of the Annotated Code of Maryland.
A. 
A signed statement by a landowner or the landowner's agent certifying that the activity on the landowner's property:
(1) 
Is for certain activities exempted under this chapter or the Natural Resources Article, §§ 5-103 and 5-1601 through 5-1612, of the Annotated Code of Maryland;
(2) 
Does not circumvent the requirements of this chapter or the Natural Resources Article, §§ 5-103 and 5-1601 through 5-1612, of the Annotated Code of Maryland; and
(3) 
Does not conflict with the purposes of any declaration of intent; or
B. 
The document required under COMAR 08.19.01.05 or this chapter.
DEPARTMENT
The Charles County of Planning Division.
DEVELOPMENT DISTRICT
The area designated as "development district" in the Charles County Comprehensive Plan.
A. 
The grading or construction activities occurring on a specific tract that is 40,000 square feet or greater in area.
B. 
Includes redevelopment or expansion of existing development by more than 20% or 10,000 square feet, whichever is less.
DEVELOPMENT PROJECT COMPLETION
For the purposes of afforestation, reforestation or payment into a fund:
A. 
The release of the development bond, if required;
B. 
Acceptance of the project's streets, utilities and public services by the Department; or
C. 
Designation by the Department or state that a:
(1) 
Development project has been completed; or
(2) 
Particular stage of a staged development project, including a planned unit development, has been completed.
A. 
A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater.
B. 
"Forest" includes:
(1) 
Areas that have at least 100 live trees per acre with at least 50% of those trees having a two-inch or greater diameter at 4.5 feet above the ground and larger; and
(2) 
Areas that have been cut but not cleared.
C. 
"Forest" does not include orchards. For the purposes of this definition, an orchard is a group of trees cultivated for fruit or nut production.
FOREST CONSERVANCY DISTRICT BOARD
The Charles County Forest Conservancy District Board created under the Natural Resources Article, §§ 5-601 through 5-610, of the Annotated Code of Maryland.
FOREST CONSERVATION
The retention of existing forest or the creation of new forest according to afforestation or reforestation standards, as provided in the Maryland Forest Conservation Technical Manual.
FOREST CONSERVATION AND MANAGEMENT AGREEMENT
An agreement as stated in the Tax - Property Article, § 8-211, of the Annotated Code of Maryland.
FOREST CONSERVATION PLAN
A plan approved pursuant to the Natural Resources Article, §§ 5-1606 and 5-1607, of the Annotated Code of Maryland.
FOREST COVER
The area of a site meeting the definition of forest.
FOREST MANAGEMENT PLAN
A plan establishing best conservation and management practices for a landowner in assessment of the resource values of forested property.
FOREST MANAGEMENT STREAM BUFFER
The area within the Resource Protection Zone as defined in the Charles County Zoning Ordinance.[3]
FOREST STAND DELINEATION
The methodology for evaluating the existing vegetation on a site proposed for development, as provided in the Maryland Forest Conservation Technical Manual.
GROWING SEASON
The period of consecutive frost-free days as stated in the current Charles County Soil Survey, published by the National Cooperative Soil Survey Program, 16 U.S.C. § 590(a) through (f).
HIGH-DENSITY RESIDENTIAL AREAS
Land zoned for base densities greater than one dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities and water and sewer service, and corresponding to the Charles County Zoning Classification(s) of Village Residential, Medium-Density Residential and High-Density Residential.
HISTORIC SITE
A site listed on the National Register of Historic Places, the Maryland Register of Historic Properties or an historic preservation easement monitored by the Maryland Historical Trust.
HISTORIC STRUCTURE
A structure listed on the National Register of Historic Places, the Maryland Register of Historic properties or an historic preservation easement monitored by the Maryland Historical Trust.
INSTITUTIONAL DEVELOPMENT AREAS
Schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks and cemeteries.
LANDSCAPING PLAN
A plan:
A. 
Drawn to scale, showing dimensions and details for reforesting an area at least 35 feet wide and covering 2,500 square feet or greater in size;
B. 
Using native or indigenous plants when appropriate; and
C. 
Which is made part of an approved forest conservation plan.
LOCAL AGENCY
Units of the Charles County government.
LOT
A unit of land, the boundaries of which have been established by subdivision of a larger parcel, and which will not be the subject of further subdivision, as defined by the Natural Resources Article, § 5-1601, of the Annotated Code of Maryland and this chapter, without an approved forest stand delineation and forest conservation plan.
MAINTENANCE AGREEMENT
The two-year management agreement associated with afforestation or reforestation plans required under the Natural Resources Article, § 5-1605, of the Annotated Code of Maryland and this chapter.
MARYLAND FOREST CONSERVATION TECHNICAL MANUAL
The technical manual published by the Maryland Department of Natural Resources and hereby incorporated herein by reference, which is used to establish standards of performance required in preparing forest stand delineations and forest conservation plans.
MEDIUM-DENSITY RESIDENTIAL AREAS
Land zoned for base densities greater than one dwelling unit per five acres and less than or equal to one dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities and water and sewer service, and corresponding to the Charles County Zoning Classification(s) of Rural Residential, Low-Density Residential, Agricultural Conservation and Rural Conservation.
MINOR DEVELOPMENT PROJECT
A project on less than five acres of land containing not more than four lots per acre.
MIXED-USE DEVELOPMENT
A development project which includes two or more types of uses or varying intensities of a land use and corresponds to Charles County Zoning Classification(s) of Planned Residential Development; Mixed Use Zone; Planned Unit Development, if nonexempt; Waterfront Planned Community Zone; Planned Employment and Industrial Park Zone; Planned Manufactured Home Park Zone; and Residential Office Zone.
NATURAL REGENERATION
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.
NAVIGABLE AIRSPACE
Airspace at and above the minimum flight altitudes prescribed by or under 14 CFR, Chapter 1 of FAA Regulations, including airspace needed for safe takeoff and landing.
A. 
Except in agriculture and resource areas, the total area of a site, including both forested and nonforested areas, to the nearest 1/10 acre, reduced by the area found to be within the boundaries of the one-hundred-year floodplain.
B. 
In agriculture and resource areas, the part of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities, reduced by the area found to be within the boundaries of the one-hundred-year floodplain.
A. 
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."
B. 
An area considered a nontidal wetland in accordance with the publication that contains the most current accepted standards.
C. 
Does not include tidal wetlands regulated under the Natural Resources Article, Title 9, of the Annotated Code of Maryland.
OFF SITE
Outside of the limits of the area encompassed by the tract.
ONE-HUNDRED-YEAR FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year.
ONE-HUNDRED-YEAR FLOODPLAIN
A nontidal floodplain zone, as defined in the Charles County Floodplain Management Ordinance.[4]
ON SITE
Within the limits of the area encompassed by the tract, including an area classified as a one-hundred-year floodplain.
PAVED SURFACE
Any ground surface that satisfies the definition of semi-impervious or impervious surface as defined under Article IX, Critical Area Zone, of the Charles County Zoning Ordinance.[5]
PERSON
The federal government, the state, a County, municipal corporation or other political subdivision of the state or any of their units or an individual, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind or any partnership, firm, association, public or private corporation or any of their affiliates or any other entity.
PLANNED UNIT DEVELOPMENT
Development comprised of a combination of land uses or varying intensities of the same land use in accordance with an integrated plan that provides flexibility in land use design approved by Charles County with at least 20% of the land permanently dedicated to open space.
PRIORITY AREAS FOR AFFORESTATION AND REFORESTATION
Those areas specified in Article III, § 298-15C of this chapter which shall be considered a priority for afforestation and reforestation.
PUBLIC UTILITY
Any:
A. 
Transmission line or electric generating station; or
B. 
Water, sewer, electric, gas, telephone or television cable service line.
A. 
Establishment of a forest on an area where forest cover has been cut or cleared.
B. 
Establishment of a forest according to afforestation and reforestation standards as provided in the Maryland Forest Conservation Technical Manual.
REGULATED ACTIVITY
Any of the following activities, when that activity occurs on a unit of land which is 40,000 square feet or greater:
A. 
Subdivision;
B. 
Grading;
C. 
An activity that requires a sediment control approval; or
D. 
A County project.
RESIDUE
Any area(s) of a parcel not the subject of a development proposal, but which are associated with the subdivision and are of sufficient size and configuration to be eligible for additional subdivision into two or more lots in the future, per § 278-46J of the Charles County Subdivision Regulations.
RETENTION
The deliberate holding and protecting of existing trees, shrubs or plants on the site according to established standards as provided in the Maryland Forest Conservation Technical Manual.
SEDIMENT CONTROL APPROVAL
The authorization of an activity regulated under a sediment control plan as provided in the Environment Article, Title 4, of the Annotated Code of Maryland.
SEEDLING
An unbranched woody plant less than 24 inches in height and having a diameter of less than 1/2 inch measured at two inches above the root collar.
SELECTIVE CLEARING
The careful and planned removal of trees, shrubs and plants using specific standards and protection measures under an approved forest conservation plan.
SPECIMEN TREE
A tree having a diameter measured at 4.5 feet above the ground of 30 inches or more or trees having 75% or more of the diameter of the current state champion tree of that species.
STREAM
A perennial or intermittent watercourse created naturally or artificially which contains flow from surface water and water originating from a groundwater source during a portion of the year, as field verified.
SUBDIVISION
Any division of a unit of land into two or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership, sale, lease, development or redevelopment.
A. 
A tree cutting operation affecting one or more acres of forest or developed woodland within a one-year interval that disturbs 5,000 square feet or more of forest floor.
B. 
"Timber harvesting" does not include grubbing and clearing of root mass.
TRACT
Any parcel of real property or unit of land subject to an application for a grading permit or sediment control approval, subdivision approval, site plan approval, County project approval or other areas of land subject to this chapter.
TRACT FOR A PLANNED UNIT DEVELOPMENT
The entire property subject to a planned unit development.
TREE
A large, branched woody plant having one or several self-supporting stems or trunks and that reaches a height of 20 feet or more at maturity.
A. 
Relief from the Natural Resources Article, §§ 5-1601 through 5-1612, of the Annotated Code of Maryland or this chapter.
B. 
Does not mean a zoning variance.
WATERSHED
All land lying within an area described as a subbasin in water quality regulations adopted by the Department of the Environment under COMAR 26.08.02.08.
WHIP
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.
[1]
Editor's Note: See Ch. 297, Zoning Regulations.
[2]
Editor's Note: See Ch. 297, Zoning Regulations.
[3]
Editor's Note: See Ch. 297, Zoning Regulations.
[4]
Editor's Note: See Ch. 238, Article II.
[5]
Editor's Note: See Ch. 297, Zoning Regulations.
Except as provided in § 298-4 of this article, this chapter applies to:
A. 
A person making application for a subdivision, County project, site plan, grading or sediment control approval on tracts of land 40,000 square feet or greater after the effective date of this chapter.
B. 
A public utility not exempt under § 298-4E and G of this article.
C. 
County government projects on areas 40,000 square feet or greater.
This chapter does not apply to:
A. 
Highway construction activities under the Natural Resources Article, § 5-103, of the Annotated Code of Maryland.
B. 
Areas governed by the Chesapeake Bay Critical Area Protection Law, Natural Resources Article §§ 8-1801 through 8-1816, Annotated Code of Maryland.
C. 
Commercial logging and timber harvesting operations, including harvesting conducted subject to the Forest Conservation and Management Program under the Tax - Property Article, § 8-211, Annotated Code of Maryland, that are completed on or after July 1, 1991, and are conducted on property which:
(1) 
Is the subject of a declaration of intent, forestry exemption, as provided for in § 298-5 of this article, approved by the Department.
(2) 
Does not become the subject of application for a regulated activity within five years after completion of the logging or harvesting operation, and after which time a regulated activity on the property shall be subject to the requirements of this chapter.
D. 
Agricultural activities not resulting in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices, except that a person engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a one-year period may not receive an agricultural exemption unless the person files a declaration of intent, agricultural activity exemption, as provided for in § 298-5 of this article, which includes:
(1) 
A statement that the landowner or landowner's agent will practice agriculture on that portion of the property for five years from the date of the declaration; and
(2) 
A sketch map or site plan of the property which shows approximate existing forest cover and the forest area to be cleared.
E. 
The cutting or clearing of public utility rights-of-way licensed under Article 78, §§ 54A and 54B or § 54-I, of the Annotated Code of Maryland[1] or land for electric-generating stations licensed under Article 78, §§ 54A and 54B or § 54-I, of the Annotated Code of Maryland, if:
(1) 
Required certificates of public convenience and necessity have been issued in accordance with the Natural Resources Article, § 5-1603(f), of the Annotated Code of Maryland; and
(2) 
Cutting or clearing of the forest is conducted to minimize the loss of forest.
[1]
Editor's Note: Said article was repealed by Acts 1998, c. 8, § 1, effective 10-1-1998.
F. 
Routine maintenance or emergency repairs of public utility rights-of-way licensed under Article 78, §§ 54A and 54B or § 54-I, of the Annotated Code of Maryland.[2]
[2]
Editor's Note: Said article was repealed by Acts 1998, c. 8, § 1, effective 10-1-1998.
G. 
Except for a public utility subject to this chapter, routine maintenance or emergency repairs of a public utility right-of-way if:
(1) 
The right-of-way existed before the effective date of this chapter; or
(2) 
The right-of-way's initial construction was approved under this chapter.
H. 
A residential construction activity conducted on an existing single lot of any size if the activity:
(1) 
Does not result in the cumulative cutting, clearing or grading of 40,000 square feet or more of forest;
(2) 
Does not result in the cutting, clearing or grading of a forest that is subject to the requirements of a previous forest conservation plan approved under this chapter; and
(3) 
Is the subject of a declaration of intent, single lot exemption, filed with the Department, as provided for in § 298-5 of this article, which includes a sketch plan or site plan showing existing forest cover and the area of forest to be cleared.
I. 
Strip or deep mining of coal regulated under the Natural Resources Article, Title 7, Subtitle 5 or 5a, of the Annotated Code of Maryland.
J. 
Noncoal surface mining regulated under the Natural Resources Article, Title 7, Subtitle 6a, of the Annotated Code of Maryland.
K. 
An activity required for the purpose of constructing a dwelling house intended for the use of the owner or a child, grandchild, parent or sibling of the owner, provided that:
(1) 
The activity does not result in the cutting, clearing or grading of more than 40,000 square feet of forest; and
(2) 
The activity is the subject of a declaration of intent, intrafamily transfer exemption, filed with the Department, as provided for in § 298-5 of this article, which includes a sketch plan or site plan showing existing forest cover and the area of forest to be cleared and which states that transfer of ownership may result in a loss of exemption.
(3) 
If the activity requires a final plat of subdivision, the plat must include the following:
(a) 
The signature of each grantor, with the relationship to the grantee, and the signature of each grantee, with the relationship to the grantor.
(b) 
A note which states that the subdivision is for the purpose of constructing a dwelling house for the use of the grantee and that, if the land does not remain in the possession of the grantee, the owner must notify the Department and may lose exemption from the Charles County Forest Conservation Ordinance.
L. 
A final plat of subdivision, a final site plan or a sediment control plan approved before the effective date of the County Forest Conservation Ordinance.
M. 
A valid preliminary plan of subdivision approved before July 1, 1991.
N. 
All or parts of a planned unit development that, by December 31, 1991, have:
(1) 
Met all local requirements for planned unit development approval; and
(2) 
Obtained initial development plan approval by the Charles County Commissioners.
O. 
A real estate transfer to provide a security, leasehold or other legal or equitable interest, including a transfer of title, for a portion of a lot or parcel, if:
(1) 
The transfer does not involve a change in land use or new development or redevelopment with associated land disturbing activities;
(2) 
The transfer is the subject of a declaration of intent, real estate transfer exemption, as provided for in § 298-5 of this article; and
(3) 
The final plat includes:
(a) 
A note stating that the subdivision is for the sole purpose of transfer; and
(b) 
The signatures of all grantors and grantees.
P. 
A subdivision activity required for the purpose of separating an existing dwelling unit from the parent parcel, provided that:
(1) 
The proposed activity does not result in the cutting, clearing or grading of more than 40,000 square feet of forest.
(2) 
The new lot shall be less than two times the existing base zoning and therefore could not be further subdivided.
(3) 
The residue shall be consistent with the definition of "residue" as defined under § 298-2 of this chapter.
(4) 
The residue will be subject to the Forest Conservation Ordinance when it is further developed or subdivided.
Q. 
The cutting or clearing of trees to comply with the requirements of 14 CFR 77.25 relating to objects affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation, and any disturbance not located within the navigable airspace will be subject to this chapter, unless otherwise exempt.
R. 
Development activities that occur on a parcel or lot previously developed with structures and covered by paved surfaces.
(1) 
Should the parcel or lot be partially covered in paved surface, the paved area is to be subtracted from the net tract area and forest conservation shall be provided for the remainder of the parcel or lot.
(2) 
Other exemptions from this chapter cannot be used in conjunction with this exemption.
A. 
The purpose of the declaration of intent is to verify that the proposed activity is exempt under the Natural Resources Article, §§ 5-103 and 5-1601 through 5-1612, of the Annotated Code of Maryland and this chapter.
B. 
A person seeking an exemption under § 298-4C, D, H, K and O of this article shall file the applicable declaration of intent with the Department.
C. 
The existence of a declaration of intent does not preclude another exempted activity on the property subject to a declaration of intent, if the activity:
(1) 
Does not conflict with the purpose of any existing declaration of intent; and
(2) 
Complies with the applicable requirements for an exempted activity.
D. 
If a regulated activity on the area covered by the declaration of intent occurs within five years of the effective date of the declaration of intent:
(1) 
There shall be an immediate loss of exemption; and
(2) 
There may be a noncompliance action taken by the Department as appropriate.
E. 
An applicant may apply for a regulated activity on that area of the property not covered under the declaration of intent if the requirements of this chapter are satisfied.
F. 
The Department may require a person failing to file a declaration of intent or found to be in noncompliance with a declaration of intent to:
(1) 
Meet the retention, afforestation and reforestation requirements established in Article III of this chapter;
(2) 
Pay a noncompliance fee of $0.30 cents per square foot of forest cut or cleared under the declaration of intent;
(3) 
Be subject to other enforcement actions appropriate under the Natural Resources Article, §§ 5-1601 through 5-1612, of the Annotated Code of Maryland and this chapter; or
(4) 
File a declaration of intent with the Department.
G. 
In its determination of appropriate enforcement action, the Department may consider whether failure to file a declaration of intent by a person required to file is a knowing violation of this chapter.
H. 
The declaration of intent is effective for five years.
A. 
A person making application on or after the effective date of January 1, 1993, for subdivision plan approval for an area of land of 40,000 square feet or greater shall:
(1) 
Submit to the Department a forest stand delineation and a forest conservation plan for the lot or parcel on which the development is located;
(2) 
Use methods approved by the Department, as provided in the Maryland Forest Conservation Technical Manual, to protect retained forests and trees during construction; or
(3) 
On properties zoned CN, CC, CB, CV, BP, IG, IH, and portions of the planned development areas with these above uses be entitled to phase or defer submittal of a forest stand delineation and forest conservation plan until application is made for a County project, a site plan, a grading permit or sediment control approval, whichever comes first, provided that:
(a) 
The subdivision plan proposes to create no more than one additional buildable lot;
(b) 
Forest conservation plan requirements may be deferred for no more than one subdivision plan on the parent parcel; and
(c) 
A note is included on the final plat which states that all parcels must satisfy requirements of the Forest Conservation Ordinance at the time application is made for a County project, site plan, grading permit or sediment control approval, and that the parcels are not eligible for the single lot exemption.
B. 
A person making application for any other regulated activity on or after the effective date of January 1, 1993, shall:
(1) 
Submit to the Department a forest state delineation and a forest conservation plan for the lot or parcel on which the development is located.
(2) 
Use methods approved by the Department, as provided in the Maryland Forest Conservation Technical Manual, to protect retained forests and trees during construction.
If a local agency or person using state funds makes an application to conduct a regulated activity, the provisions of COMAR 08.19.04.01D-G shall apply.
A. 
A forest stand delineation shall be submitted prior to or simultaneously with a preliminary subdivision plan, a subdivision of five lots or less, site plan or County project plan, but shall be submitted prior to submission of a grading permit or sediment control application.
B. 
A forest stand delineation shall be submitted prior to or simultaneously with a preliminary forest conservation plan or final forest conservation plan, as applicable.
C. 
The delineation shall be prepared and signed by a licensed forester, licensed landscape architect or a qualified professional who meets the requirements stated in COMAR 08.19.06.01B.
D. 
The forest stand delineation is to be used in the development review process for determining the most suitable and appropriate sites for forest conservation and shall contain the following information:
(1) 
A topographic map delineating intermittent and perennial streams, slopes over 15% and steep slopes over 25%.
(2) 
A soils map delineating soils with structural limitations, hydric soils or soils with a soil "K" value greater than 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 types in conformance with the standards for stand delineations, as contained in the Maryland Forest Conservation Technical Manual.
(4) 
Location of one-hundred-year floodplains, existing conservation easements, Resource Protection Zone areas, tidal and nontidal wetlands, critical habitat areas and natural heritage areas.
(5) 
Location of existing structures and the historic significance of the structures on the subject tract or adjacent tracts.
(6) 
Information required by the Maryland Forest Conservation Technical Manual.
(7) 
Other information the Department determines is necessary to implement this chapter.
E. 
A simplified delineation may be submitted:
(1) 
When less than 40,000 square feet of forest cover is disturbed during a construction activity;
(2) 
For areas under a preexisting long-term protective agreement or an approved forest conservation plan;
(3) 
For forest stands designated as priority-one forest retention areas and which are to remain undisturbed in their entirety; or
(4) 
For tracts subject to a site plan or grading permit application wherein development of the tract requires clearing and grading of 95% or more of the tract; and
(5) 
When approved by the Department.
F. 
The Department shall consider a simplified forest stand delineation complete if it includes:
(1) 
All requirements under Subsection D(1), (2) and (4) through (7) of this section.
(2) 
A map showing existing forest cover and the location of specimen or champion trees as verified by field inspection.
(3) 
A descriptive narrative of the applicable forest stands which addresses the informational categories in a stand summary data sheet, as contained in the Maryland Forest Conservation Technical Manual.
G. 
An approved forest stand delineation may remain in effect for a period not longer than five years.
H. 
Time for submittal review period.
(1) 
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.
(2) 
If the Department fails to notify the applicant within 30 days, the delineation shall be treated as complete and correct.
(3) 
The Department may require further information or provide for an additional 15 calendar days under extenuating circumstances.