A person making application after the effective date of this chapter for a subdivision, County project approval, a grading permit or sediment control approval for an area of land of 40,000 square feet or greater, except as provided for in Article I, § 298-4, shall:
A.
B.
Comply with the following when cutting or clearing forest cover that is currently below the afforestation percentages described in Subsection A(1) and (2) of this section.
(1)
The required afforestation level shall be determined by the amount
of forest existing before cutting or clearing begins.
(2)
Forest cut or cleared below the required afforestation level shall
be reforested or afforested at a 2:1 ratio and added to the amount
of afforestation necessary to reach the minimum required afforestation
level, as determined by the amount of forest existing before cutting
or clearing began.
The following trees, shrubs, plants and specific areas shall
be considered priority for retention and protection and shall be left
in an undisturbed condition unless the applicant has demonstrated,
to the satisfaction of the Department, that all reasonable efforts
have been made to protect them and the plan cannot be reasonably altered:
A.
Trees, shrubs, and plants located in sensitive areas, including the
Resource Protection Zone, one-hundred-year floodplains, intermittent
and perennial streams and their forest management buffers, steep slopes
exceeding 25% and steep slopes exceeding 15% with soils having a "K"
value greater than 0.35, nontidal wetlands and critical habitat areas.
B.
Contiguous forest that connects the largest undeveloped or most vegetated
tracts of land within and adjacent to the site.
C.
Trees, shrubs or plants determined to be rare, threatened or endangered
under the Federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531
through 1543, published in 50 CFR 17.11 and 17.12, and the Maryland
list of threatened and endangered species published under the Natural
Resources Article, §§ 4-2a-01 through 4-2a-09 and 10-2a-01
through 10-2a-09, of the Annotated Code of Maryland, published in
COMAR 08.03.08 and 08.02.12.
E.
Any tree having a diameter measured at 4.5 feet above the ground
of:
A.
There is a forest conservation threshold established for all land use categories, as provided in Subsection B of this section. The "forest conservation threshold" means the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for every acre removed above the threshold to a ratio of two acres planted for every acre removed below the threshold.
B.
After every reasonable effort to minimize the cutting or clearing of trees and other woody plants has been exhausted in the development of a subdivision or site plan, grading and sediment control activities and development of the forest conservation plan, the forest conservation plan shall provide for reforestation or payment into the forest conservation fund, according to the formula set forth in Subsections B and C of this section and consistent with § 298-9 of this chapter and the following forest conservation thresholds for the applicable land use category:
|
Category of Use Threshold Percentage
| ||
|---|---|---|
|
Area
|
Threshold
| |
|
Agricultural and resource
|
50%
| |
|
Medium-density residential
|
25%
| |
|
Institutional development
|
20%
| |
|
High-density residential
|
20%
| |
|
Mixed-use and planned unit development
|
15%
| |
|
Commercial and industrial use
|
15%
| |
C.
Calculations.
(1)
For all existing forest cover measured to the nearest 1/10 acre cleared
on the net tract area above the applicable forest conservation threshold,
the area of forest removed shall be reforested at a ratio of 1/4 acre
planted for every acre removed.
(2)
Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under Subsection C(1) of this section. The calculation of the credit shall be according to the criteria provided in the Maryland Forest Conservation Technical Manual.
(3)
For all existing forest cover measured to the nearest 1/10 acre cleared
on the net tract area below the applicable forest conservation threshold,
the area of forest removed shall be reforested at a ratio of two acres
planted for every one acre removed below the threshold.
(4)
Forest retained on site but not subject to long-term protective agreements
shall be considered as forest removed for the purpose of determining
reforestation or afforestation requirements.
A.
After techniques for retaining existing forest on the site have been
exhausted, the alternative methods for afforestation, reforestation
and off-site retention, as determined by the Department, in order
of most to least preferred, is as follows:
(1)
On-site afforestation or reforestation, if economically feasible,
using transplanted nursery stock that is greater than 1.5 inches diameter
measured at 4.5 feet above the ground;
(2)
On-site afforestation or reforestation, using whip and seedling stock;
(3)
On-site landscaping of areas under an approved landscaping plan which
establishes a forest that is at least 35 feet wide and covers 10,000
square feet or more of area;
(4)
For projects located within the development district, acquisition
of off-site protective easements for existing forested areas not currently
protected, afforestation and reforestation, in order of the most to
least preferred with the given ratios:
(a)
Located within the same MD DNR eight-digit watershed as the
development project is located and within the development district.
Area obtained to meet this criteria shall be retained at a 2:1 ratio
or planted at a 1:1 ratio. The MD DNR eight-digit watersheds located
in the development district are Mattawoman Creek, Zekiah Swamp, Port
Tobacco River and Potomac River.
(b)
Located within the development district but not in the same
watershed as the project. Area obtained to meet this criteria shall
be retained at a 2:1 ratio or planted at a 1:1 ratio.
(c)
Located within the same MD DNR 8-digit watershed as the development
project is located and outside the development district. Area obtained
to meet this criteria shall be retained at a 3:1 ratio or planted
at a 2:1 ratio.
(d)
Located outside the development district and not within the
same watershed. Area obtained to meet this criteria shall be retained
at a 4:1 ratio or planted at a 3:1 ratio.
(5)
For projects located in the development district, methods for afforestation
and reforestation planting requirements in order of most to least
preferred are as follows:
(a)
Off-site afforestation or reforestation in areas described as a priority in Subsection C of this section, using transplanted or nursery stock that is greater than 1.5 inches diameter measured at 4.5 feet above the ground;
(b)
Off-site afforestation or reforestation in areas described as a priority in Subsection C of this section, using whip and seedling stock;
(c)
Off-site afforestation or reforestation in areas described as a priority in Subsection C of this section, using natural regeneration;
(d)
Off-site afforestation or reforestation in areas not specified as a priority in Subsection C of this section, using transplanted or nursery stock that is greater than 1.5 inches diameter measured at 4.5 feet above the ground;
(e)
Off-site afforestation or reforestation in areas not specified as a priority in Subsection C of this section, using whip and seedling stock;
(f)
On-site afforestation or reforestation in areas not specified as a priority in Subsection C of this section, using natural regeneration;
(g)
Off-site afforestation or reforestation in areas not specified as a priority in Subsection C of this section, using natural regeneration;
(h)
On-site afforestation or reforestation using street trees, based
on a mature canopy coverage.
B.
A sequence other than the one described in Subsection A of this section may be used for a specific project, if necessary, to achieve the objectives of the County Land Use Plan or County land use policies or to take advantage of opportunities to consolidate forest conservation efforts.
C.
The following shall be considered a priority for afforestation and
reforestation:
(1)
Establish or enhance forest buffers adjacent to intermittent and
perennial streams to widths of at least 50 feet.
(2)
Establish or enhance nonforested areas on one-hundred-year floodplains,
when appropriate.
(3)
Establish or increase existing forested corridors to connect existing
forests within or adjacent to the site, and where practical, forested
corridors should be a minimum of 300 feet in width to facilitate wildlife
movement.
(4)
Establish or enhance forest buffers adjacent to critical habitats,
where appropriate.
(5)
Establish plantings to stabilize slopes of 25% or greater and slopes
of 15% or greater with a soil "K" value greater than 0.35, including
the slopes of ravines or other natural depressions.
(6)
Establish or enhance forest plantings on marginal agricultural areas,
where appropriate.
(7)
Establish buffers adjacent to areas of differing land use, when appropriate,
or adjacent to highways or utility rights-of-way.
(8)
Establish forest areas adjacent to existing forests to increase the
overall area of contiguous forest cover, when appropriate.
D.
A person required to conduct afforestation or reforestation under
this article shall accomplish it within one year or two growing seasons,
whichever is a greater time period, following development project
completion.
A.
The off-site area has a forest stand delineation approved by the
Department.
B.
The final forest conservation plan for the project is submitted for
Department approval.
C.
A final plat showing each off-site area for long-term protection
is submitted for Department approval.
D.
The appropriate long-term binding protective agreement is submitted
for approval by the Department.
E.
Other information the Department determines is necessary to implement
this chapter is provided.
A.
A person retaining forest or conducting afforestation or reforestation
pursuant to an approved forest conservation plan shall comply with
the requirements of COMAR 08.19.05.
B.
The County may require an endowment to cover the monitoring and enforcement
costs of long-term protective agreements. Endowment funds shall be
deposited into a separate account for the sole use of monitoring and
enforcing long-term protective agreements and conservation easements.
C.
Approved final site plans, grading plans and subdivision plans shall
indicate those areas subject to long-term protective agreements of
conservation easements.
A.
Charles County shall establish a forest conservation fund.
B.
If a person subject to this chapter demonstrates to the satisfaction
of the Department that requirements for reforestation or afforestation
on site or off site cannot be reasonably accomplished, the person
shall contribute money, at a rate of $0.25 per square foot of the
area of required planting, into the County Forest Conservation Fund.
C.
Money contributed instead of afforestation or reforestation under
this article shall be paid prior to approval of a forest conservation
plan.
D.
The County shall accomplish the reforestation or afforestation for
which the money is deposited within 10 years after receipt of the
money.
E.
Money contributed under this article may remain in the account for
a period of up to 10 years. At the end of that time, any part that
has not been used to meet the afforestation or reforestation requirements
shall be returned to the person who provided the money.
F.
Money deposited in the local forest conservation fund:
G.
Sites for afforestation or reforestation using fund money.
(1)
Except as provided in Subsection G(2) of this section, the reforestation or afforestation requirement under this article shall occur in the County and watershed in which the project is located.
(2)
If the reforestation or afforestation requirement cannot be reasonably
accomplished in the County and watershed in which the project is located,
then the reforestation or afforestation shall occur in the watershed
in which the project is located but in a different County.
Tree species used for afforestation or reforestation shall be
selected from a list of approved species established by the Department.
A.
A person required to conduct afforestation or reforestation under
this article shall furnish financial security in the form of a bond,
an irrevocable letter of credit or other security approved by the
Department. The surety shall:
(1)
Assure that the afforestation, reforestation and the associated maintenance
agreement are conducted and maintained in accordance with the approved
forest conservation plan.
(2)
Be in an amount equal to the estimated cost, as determined by the
Department, of afforestation and reforestation.
(3)
Be in a form and of a content approved by the Department.
B.
If, after two growing seasons, the plantings associated with the
afforestation or reforestation meet or exceed the standards of the
Maryland Forest Conservation Technical Manual, the amount of the cash
bond, letter of credit, surety bond or other security shall be returned
or released.
With the appropriate review and inspection fees, if applicable,
the Department, consistent with the requirements of this chapter,
shall review for approval any revisions to an approved forest stand
delineation.
A.
The County thereby adopts the standards provided in the Maryland
Department of Natural Resources Forest Conservation Manual.
B.
Before cutting, clearing, grading or construction begins on a site
for which a forest conservation plan is required by this article,
the applicant shall demonstrate to the Department that protective
devices have been established.
A.
A person may request a variance from this chapter or the requirements
of the Natural Resources Article, §§ 5-1601 through
5-1612, of the Annotated Code of Maryland, by submitting an application
for a variance to the Director of Planning and Growth Management or
designee.
B.
The Director of Planning and Growth Management or designee is authorized
to grant variances from the strict application of these regulations
where the strict application of these regulations or amendments would
result in peculiar and unusual practical difficulties to, or hardship
upon, a property owner.
C.
An applicant for a variance shall:
(1)
Describe the special conditions peculiar to the property which would
cause the unusual practical difficulties or unwarranted hardship.
(2)
Describe how enforcement of these rules will deprive the applicant
of rights commonly enjoyed by others in similar areas.
(3)
Verify that the granting of the variance will not confer on the applicant
a special privilege that would be denied to other applicants.
(4)
Verify that the variance request is not based on conditions or circumstances
which are the result of actions by the applicant.
(5)
Verify that the request does not arise from a condition relating
to land or building use, either permitted or nonconforming, on a neighboring
property.
(6)
Verify that the granting of a variance will not adversely affect
water quality.
D.
The Director of Planning and Growth Management or designee shall make written findings that the applicant has met the requirements in Subsection C of this section before the granting of a variance.
E.
Notice of a request for a variance shall be given by the applicant
to the Maryland Department of Natural Resources within 15 days of
the County's receipt of a request for a variance.
F.
There is established by this chapter the right and authority of the
Maryland Department of Natural Resources to initiate or intervene
in an administrative, judicial or other original proceeding or appeal
in the state concerning an approval of a variance under the Natural
Resources Article, §§ 5-1601 through 5-1612, of the
Annotated Code of Maryland, or this chapter.
