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.
AFFORESTATION
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.
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: Village Commercial, Neighborhood Commercial, Community
Commercial, Central Business, Business Park, General Industrial, and
Heavy Industrial.
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.
DECLARATION OF INTENT
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.
DEVELOPMENT PROJECT
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.
FOREST
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 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 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.
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.
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.
NET TRACT AREA
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.
NONTIDAL WETLAND
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.
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.
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.
PUBLIC UTILITY
Any:
A.
Transmission line or electric generating station; or
B.
Water, sewer, electric, gas, telephone or television cable service
line.
REFORESTATION
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:
C.
An activity that requires a sediment control approval; or
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.
TIMBER HARVESTING
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.
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.
VARIANCE
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.
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 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.
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.
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.
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.