A.
In developing a forest conservation plan, the applicant shall give
priority to techniques for retaining existing forest on the site.
B.
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:
(1)
How techniques for forest retention have been exhausted.
(2)
Why the priority forests and priority areas specified in the Natural
Resources Article, § 5-1607(c), of the Annotated Code of
Maryland, cannot be left in an undisturbed condition.
(3)
If priority forests and priority areas cannot be left undisturbed,
the sequence for afforestation or reforestation will be followed in
compliance with the Natural Resources Article, § 5-1607,
of the Annotated Code of Maryland.
(4)
Where on the site in priority areas afforestation or reforestation
will occur in compliance with the Natural Resources Article, § 5-1607,
of the Annotated Code of Maryland.
C.
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 instead
of afforestation or reforestation.
D.
Nontidal wetlands. A regulated activity within the net tract area
that occurs wholly or partly in areas regulated as nontidal wetlands
under the Natural Resources Article, §§ 8-1201 through
8-1211, of the Annotated Code of Maryland,[1] and COMAR 08.05.04 is subject to both the nontidal wetlands
regulatory requirements and the requirements of this chapter, subject
to the following:
(1)
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.
(2)
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 COMAR 08.05.04 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.
(3)
Nontidal wetlands shall be considered to be priority areas for retention
and replacement.
[1]
Editor's Note: See now Environment Article, §§ 5-901
through 5-911.
A.
A preliminary forest conservation plan shall be prepared and signed
by a licensed forester, a licensed landscape architect or a qualified
professional who meets the requirements stated in COMAR 08.19.06.01B.
B.
Except for subdivisions of five lots or less, for minor development
projects and projects where a simplified delineation applies on a
tract, a preliminary forest conservation plan shall:
(1)
Be submitted with a preliminary plan of subdivision, County project
plan or site plan, and prior to the submission of a grading permit
or sediment control application.
(2)
Include the forest stand delineation for the site.
(3)
Include a table that lists the proposed values of the following,
in square feet:
(4)
Include a clear graphic indication of the forest conservation provided
on the site drawn to scale, showing the location of existing forest
cover, limits of the net tract area, areas of proposed forest clearing
and areas where retention of existing forest or afforestation or reforestation
is proposed.
(6)
Show the proposed limits of disturbance.
(7)
Preliminary subdivision plans using open space for off-site forest
conservation easements must first be approved by the Planning Commission
as part of the preliminary plan process.
C.
The review of the preliminary forest conservation plan shall be concurrent
with the review of a site plan, County project plan or preliminary
subdivision plan.
D.
During the different stages of the review process, the preliminary
forest conservation plan may be modified, provided that the Department
approves of the changes.
A.
A final forest conservation plan shall be prepared and signed by
a licensed forester, a licensed landscape architect or a qualified
professional who meets the requirements stated in COMAR 08.19.06.01B.
B.
A final forest conservation plan shall:
(1)
Include the submitted or approved stand delineation, as applicable,
and the approved preliminary forest conservation plan or the information
required for a preliminary forest conservation plan when a preliminary
forest conservation plan is not required.
(2)
Be submitted:
(a)
With construction or improvement plan drawings prior to or simultaneously
with submission of a final subdivision plan.
(b)
With an application for a site plan, after the approval of the
preliminary forest conservation plan, if applicable.
(c)
With an application for a grading permit, after approval of
the preliminary forest conservation plan, if applicable.
(d)
With an application for sediment control approval, after approval
of the preliminary forest conservation plan, if applicable.
(3)
Show proposed locations and types of protective devices to be used
during construction activities to protect trees and forests designated
for conservation.
(4)
Include a proposed construction timetable showing the sequence of
forest conservation procedures.
(5)
Show proposed stockpile areas.
(6)
Submit a narrative.
(7)
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.
(8)
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:
(9)
Incorporate a long-term binding protective agreement as specified
in COMAR 08.19.05.02 that:
(a)
Provides protection for areas of forest conservation, including
areas of afforestation, reforestation and retention.
(b)
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.
(c)
Incorporates conservation easements, deed restrictions, covenants
and other agreements as required.
(10)
Include the information required on a forest stand delineation.
(11)
Include a tie-down method for the easement, i.e., metes and
bounds or distances and angles.
(12)
Other information the Department determines is necessary to
implement this chapter.
C.
Review period.
(1)
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.
(2)
If the Department fails to notify the applicant within 45 calendar
days, the plan shall be treated as complete and approved.
(3)
The Department may require further information or extend the deadline
for an additional 15 calendar days under extenuating circumstances.
(4)
At the request of the applicant, the Department may extend the deadline
under extenuating circumstances.
D.
The Department's review of a final forest conservation plan
shall be concurrent with the review of construction or improvement
plan drawings, a site plan, a grading permit application, a sediment
control application associated with the project or a final plat for
a project associated with the project, whichever shall first occur.
E.
The Department may revoke an approved forest conservation plan and
assess a penalty if it finds that:
(1)
A provision of the plan has been violated;
(2)
Approval of the plan was obtained through fraud, misrepresentation,
a false or misleading statement or omission of a relevant or material
fact; or
(3)
Changes in the development or in the condition of the site necessitate
preparation of a new or amended plan.
F.
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.
G.
Before revoking approval of a forest conservation plan, the Department
shall notify the violator, in writing, and provide an opportunity
for an informal administrative review hearing.
