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]
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 afforestation or reforestation
standards as provided in the Maryland Forest Conservation Technical
Manual.
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.
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.
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.
A document:
The diameter of a tree measured at six inches above the root
collar.
A tree which appears in the State Forest Conservation Manual
list of state champion trees, as may be amended.
Lands governed by the Chesapeake Bay Critical Area Protection
Law, Natural Resources Article §§ 8-1801 through 8-1816,
of the Annotated Code of Maryland.
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.
The cutting and removing of tree stems from a site for commercial
purposes, leaving the root mass intact.
A construction, grading, or sediment and erosion control
activity on an area 40,000 square feet or greater by a County agency.
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:
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 considered critical
under the Natural Resources Article, §§ 4-2a-04 and
10-2a-06, of the Annotated Code of Maryland.
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 signed statement by a landowner or the landowner's agent
certifying that the activity on the landowner's property:
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;
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
Does not conflict with the purposes of any declaration of intent;
or
The document required under COMAR 08.19.01.05 or this chapter.
The Charles County of Planning Division.
The area designated as "development district" in the Charles
County Comprehensive Plan.
For the purposes of afforestation, reforestation or payment
into a fund:
The Charles County Forest Conservancy District Board created
under the Natural Resources Article, §§ 5-601 through
5-610, of the Annotated Code of Maryland.
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.
An agreement as stated in the Tax - Property Article, § 8-211,
of the Annotated Code of Maryland.
A plan approved pursuant to the Natural Resources Article,
§§ 5-1606 and 5-1607, of the Annotated Code of Maryland.
The area of a site meeting the definition of forest.
A plan establishing best conservation and management practices
for a landowner in assessment of the resource values of forested property.
The area within the Resource Protection Zone as defined in
the Charles County Zoning Ordinance.[3]
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in the Maryland Forest
Conservation Technical Manual.
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).
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.
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.
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.
Schools, colleges and universities, military installations,
transportation facilities, utility and sewer projects, government
offices and facilities, golf courses, recreation areas, parks and
cemeteries.
A plan:
Units of the Charles County government.
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.
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.
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.
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.
A project on less than five acres of land containing not
more than four lots per acre.
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.
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.
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.
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.
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.
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."
An area considered a nontidal wetland in accordance with the
publication that contains the most current accepted standards.
Does not include tidal wetlands regulated under the Natural
Resources Article, Title 9, of the Annotated Code of Maryland.
Outside of the limits of the area encompassed by the tract.
A flood which has a one-percent chance of being equaled or
exceeded in any given year.
A nontidal floodplain zone, as defined in the Charles County
Floodplain Management Ordinance.[4]
Within the limits of the area encompassed by the tract, including
an area classified as a one-hundred-year floodplain.
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]
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.
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.
Any:
Any of the following activities, when that activity occurs
on a unit of land which is 40,000 square feet or greater:
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.
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.
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.
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.
The careful and planned removal of trees, shrubs and plants
using specific standards and protection measures under an approved
forest conservation plan.
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.
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.
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.
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.
The entire property subject to a planned unit development.
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.
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.
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.
Except as provided in § 298-4 of this article, this chapter applies to:
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:
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.
H.
A residential construction activity conducted on an existing single
lot of any size if the activity:
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.
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:
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.
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.
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:
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:
(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.
