[HISTORY: Adopted by the County Commissioners of Caroline
County 9-13-2011 by Ord. No. 2011-003.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Erosion and sediment control — See Ch. 103.
Stormwater management — See Ch. 158.
Subdivision of land — See Ch. 162.
[1]
Editor's Note: This ordinance also repealed former Ch.
109, Forest Conservation, adopted 10-10-2000 by Bill No. 2000-5.
A.
The purpose of this chapter 109 is to protect and enhance the existing forest and other natural resources in Caroline County, specifically to limit or prohibit certain development and other disturbances, and to ensure that such disturbances are subject to and performed pursuant to the restrictions and requirements of this chapter 109.
B.
The County Commissioners of Caroline County, Maryland, have determined
that to meet the requirements of Natural Resources Article §§ 5-1601
through 5-1612. Annotated Code of Maryland, the provisions of this
chapter must be enacted.
In this chapter the following terms have the meanings indicated.
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 Caroline County
Zoning Districts A and R.[1]
A person who is applying for subdivision or project plan
approval or a grading or sediment control permit or who has received
approval of a forest stand delineation or forest conservation plan.
A document:
The diameter measured at two inches above the root collar.
The largest tree of its species within the United States,
the state, county, or municipality;
Manufacturing operations, office complexes, shopping centers,
and other similar uses and their associated storage areas, yarding
and parking areas, and corresponds to Caroline County Zoning Districts
HC, C-1, C-2, and I-2.[2]
The cutting and removing of tree stems from a site for commercial
purposes, leaving the root mass intact.
A critical habitat for an endangered species and its surrounding
protection area. A critical habitat area shall:
A habitat occupied by an endangered species as determined
or listed under Natural Resources Article §§ 4-2A-04
and 10-2A-04, Annotated Code of Maryland.
A signed and notarized 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 Natural
Resources Article, §§ 5-103 and 5-1601 through 5-1612,
Annotated Code of Maryland;
Does not circumvent the requirements of this chapter or Natural
Resources Article §§ 5-103 and 5-1601 through 5-1612,
Annotated Code of Maryland; and
Does not conflict with the purposes of any other declaration
of intent; or
The document required under COMAR 08.19.01.05 or this chapter.
The department charged with implementing the local forest
conservation program, namely the Caroline County Department of Planning
and Codes.
For the purposes of afforestation, reforestation, or payment
into a fund:
The forestry board created for each state forest conservancy
district under Natural Resources Article §§ 5-601 through
5-610, Annotated Code of Maryland.
The retention of existing forest or the creation of new forest
at the levels set by the state or the County.
An agreement as stated in Tax-Property Article § 8-211,
Annotated Code of Maryland.
A plan approved pursuant to Natural Resources Article §§ 5-1605
through 5-1607, Annotated Code of Maryland.
The Caroline County technical manual incorporated by reference,
as from time to time updated or amended, used to establish standards
of performance required in preparing forest stand delineations and
forest conservation plans. The Caroline County Forest Conservation
Technical Manual shall be the current edition of the Maryland State
Forest Conservation Technical Manual at the time of reference thereto.
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.
An area of land which has been intentionally afforested or
reforested for the express purpose of providing credits for reforestation
requirements.
An agreement entered into by an individual owning a forest
mitigation bank and the County, which commits the banker to certain
procedures and requirements when creating and operating the forest
mitigation bank.
A plan submitted for approval of a forest mitigation bank
to the County, by an individual proposing to establish a forest mitigation
bank.
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in the Caroline County
Forest Conservation Technical Manual.
The period of consecutive frost-free days as stated in the
current soil survey for Caroline County published by the National
Cooperative Soil Survey Program, 16 U.S.C. § 590(a) through
(f).
Areas zoned for 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 corresponds to the Caroline County Zoning Districts
R-2 and R-3.[3]
Schools, colleges and universities, military installations,
transportation facilities, utility and sewer projects, government
offices and facilities, golf courses, recreation areas, parks, and
cemeteries.
A stream in which surface water is absent during a part of
the year as shown on the most recent 7.5-minute topographic quadrangle
published by the United States Geologic Survey as confirmed by field
verification.
A plan:
A project which:
Is elongated with nearly parallel sides;
Is used to transport a utility product or public service not
otherwise contained in an application for subdivision, such as electricity,
gas, water, sewer, communications, trains, and vehicles; and
May traverse fee-simple properties through defined boundaries
or established easement rights.
Each unit in the executive, legislative, or judicial branch
of a county or municipal government, including an office or department
of public works.
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 Natural Resources Article § 5-1601,
Annotated Code of Maryland, and this chapter without an approved forest
stand delineation and forest conservation plan.
The short-term management agreement associated with afforestation
or reforestation plans required under Natural Resources Article § 5-1605,
Annotated Code of Maryland, and this chapter.
Areas zoned for 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 corresponds to the Caroline County Zoning Classification of R-1.[4]
A project:
A single, relatively high-density development project, usually
commercial in nature, which includes two or more types of uses.
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.
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 that area where forest clearing is restricted
by another local ordinance or program;
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 that area where forest clearing
is restricted by another local ordinance or program; and
An area that is:
Inundated or saturated by surface water 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;
and
Considered a nontidal wetland in accordance with the publication
known as the "Federal Manual for Identifying and Delineating Jurisdictional
Wetlands," published in 1989 and as may be amended and interpreted
by the United States Environmental Protection Agency.
Does not include tidal wetlands regulated under Title 16 of
the Environment Article, 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. Except for Class III waters (natural trout
streams), a body of water with a watershed less than 400 acres is
excluded.
An area along or adjacent to a stream or body of water, except
tidal waters, that is capable of storing or conveying floodwaters
during a one-hundred-year frequency storm event, or a one-hundred-year
flood.
Within the limits of the area encompassed by the tract, including
an area classified as a one-hundred-year floodplain.
A stream containing surface water throughout an average rainfall
year, as shown on the most recent 7.5-minute topographic quadrangle
published by the United States Geologic Survey, as confirmed by field
verification.
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.
A 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 Caroline
County with at least 20% of the land permanently dedicated to open
space.
A construction, grading, or sediment control activity on
an area of 40,000 square feet or greater by a local agency.
Any:
"Reforestation" or "reforested" means:
The creation of a biological community dominated by trees and
other woody plants containing at least 100 live trees per acre with
at least 50% of those trees having the potential of attaining a two-inch
or greater diameter measured at 4.5 feet above the ground, within
seven years; or
The establishment of a forest according to procedures set forth
in the Caroline County Forest Conservation Technical Manual.
"Reforestation" or "reforested" includes landscaping of areas
under an approved landscaping plan establishing a forest at least
35 feet wide and covering 2,500 square feet or more of area.
"Reforestation" or "reforested" for a linear project involving
overhead transmission lines may consist of a biological community
dominated by trees and woody shrubs with no minimum height or diameter
criteria.
Any of the following activities, when that activity occurs
on a unit of land which is 40,000 square feet or greater:
The deliberate holding and protecting of existing trees,
shrubs, or plants on the site according to established standards as
provided in the Caroline County Forest Conservation Technical Manual.
The authorization of an activity regulated under a sediment
control plan as provided in Environment Article, Title 4, 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.
All lands lying within 100 feet of a perennial stream, or
within 50 feet of an intermittent stream, as measured from the top
of each normal bank.
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, or development.
Property or unit of land subject to an application for a
grading or sediment control permit, subdivision approval, project
plan approval, or areas 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 that reach a height of at least 20 feet 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.
A.
Except as provided in Subsection B of this section, this chapter applies to:
(1)
A person making application for a subdivision, project plan, grading,
or sediment control approval on units of land 40,000 square feet or
greater after the effective date of this chapter;
(3)
A unit of county or municipal government, including a public utility
or public works project, making application for a subdivision, project
plan, grading, or sediment control approval on areas 40,000 square
feet or greater.
B.
This chapter does not apply to:
(1)
Highway construction activities under Natural Resources Article § 5-103,
Annotated Code of Maryland.
(2)
Areas governed by the Chesapeake and Atlantic Coastal Bays Critical
Area Protection Program, Natural Resources Article §§ 8-1801
through 8-1817, Annotated Code of Maryland, including those areas
into which critical area forest protection measures have been extended
under Natural Resources Article § 5-1602(c), Annotated Code
of Maryland.
(3)
(4)
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, as provided for in Subsection C of this section, which includes:
(5)
The cutting or clearing of public utility rights-of-way licensed
under Public Utility Companies §§ 7-207 and 7-208 or
7-205, Annotated Code of Maryland, or land for electric generating
stations licensed under Public Utility Companies §§ 7-207
and 7-208 or 7-205, Annotated Code of Maryland, if:
(6)
Routine maintenance or emergency repairs of public utility rights-of-way
licensed under Public Utility Companies §§ 7-207 and
7-208 or 7-205, Annotated Code of Maryland.
(7)
Except for a public utility subject to Subsection B(6) of this section, routine maintenance or emergency repairs of a public utility right-of-way if:
(8)
A residential construction activity conducted on an existing single
lot of any size of record at the time of application, or a linear
project not otherwise exempted under this chapter, if the activity:
(9)
Strip or deep mining of coal regulated under Environment Article,
Title 15, Subtitle 5 or 6, Annotated Code of Maryland.
(10)
Noncoal surface mining regulated under Environment Article,
Title 15, Subtitle 8, Annotated Code of Maryland.
(11)
An activity required for the purpose of constructing a dwelling
house intended for the use of the owner, or a child of the owner,
if the activity:
(a)
Does not result in the cutting, clearing, or grading of more
than 20,000 square feet of forest; and
(12)
A preliminary plan of subdivision or a grading or sediment control
plan approved before July 1, 1991.
(14)
A real estate transfer to provide a security, leasehold, or
other legal or equitable interest, including a transfer of title,
of a portion of a lot or parcel, if:
C.
Declaration of intent.
(1)
The purpose of the declaration of intent is to verify that the proposed
activity is exempt under Natural Resources Article §§ 5-103
and 5-1601 through 5-1612, Annotated Code of Maryland, and this chapter.
(3)
The declaration of intent is effective for five years.
(4)
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:
(5)
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:
(6)
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.
(7)
The Department may require a person failing to file a declaration
of intent or found in noncompliance with a declaration of intent to:
(b)
Pay a noncompliance fee of $0.30 per square foot of forest cut
or cleared under the declaration of intent;
(c)
Be subject to other enforcement actions appropriate under Natural
Resources Article §§ 5-1601 through 5-1612, Annotated
Code of Maryland, and this chapter; and/or
(d)
File a declaration of intent with the Department.
(8)
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.
(9)
Commercial logging and timber harvesting. The requirements for a
declaration of intent may be satisfied by a forest management plan
for the entire tract, prepared by a forester licensed in Maryland
according to Business Occupations and Professions Article, Title 7,
Annotated Code of Maryland, which outlines management practices needed
to meet the stated objectives for a minimum of five years.
A.
A person making application for subdivision or local agency project
plan approval, a grading permit, or a sediment control permit 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; and
(2)
Use methods approved by the Department, as provided in the Caroline
County Forest Conservation Technical Manual, to protect retained forests
and trees during construction.
B.
If a local agency or person using state funds makes application to
conduct a regulated activity, the provisions of COMAR 08.19.04.01D
through G apply.
A.
A forest stand delineation shall be submitted at the initial stages
of subdivision or project plan approval, before a grading permit application,
or before a sediment control application is submitted for the tract
being developed.
B.
The delineation shall be prepared by a licensed forester, licensed
landscape architect, or a qualified professional who meets the requirements
stated in COMAR 08.19.06.01A.
C.
The delineation shall be used during the preliminary review process
to determine the most suitable and practical areas for forest conservation
and shall contain the following components:
(1)
A topographic map delineating intermittent and perennial streams,
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;
(4)
Location of one-hundred-year floodplains;
(5)
Information required by the Caroline County Forest Conservation Technical
Manual; and
(6)
Other information the Department determines is necessary to implement
this chapter.
D.
If approved by the Department, a simplified delineation, a concept
plan or plat, preliminary plat or plan, sediment control plan, or
other appropriate document, verified by a site visit, if appropriate,
may substitute for the forest stand delineation if:
E.
The Department shall consider a simplified forest stand delineation, or other substitute plan described in Subsection D, complete if it includes:
F.
An approved forest stand delineation may remain in effect for a period
not longer than five years.
G.
Time for submittal.
(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.
A.
General provisions.
(1)
In developing a forest conservation plan, the applicant shall give
priority to techniques for retaining existing forest on the site.
(2)
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:
(a)
How techniques for forest retention have been exhausted;
(b)
Why the priority forests and priority areas specified in Natural
Resources Article § 5-1604(c)(1), Annotated Code of Maryland,
cannot be left in an undisturbed condition:
[1]
If priority forests and priority areas cannot be left undisturbed,
how the sequence for afforestation or reforestation will be followed
in compliance with Natural Resources Article § 5-1607, Annotated
Code of Maryland;
[2]
Where on the site in priority areas afforestation or reforestation
will occur in compliance with Natural Resources Article § 5-1607,
Annotated Code of Maryland; and
(c)
How the disturbance to the priority forests and priority areas
specified in Natural Resources Article § 5-1607(c)(2), Annotated
Code of Maryland, qualifies for a variance.
(3)
The applicant shall demonstrate to the satisfaction of the Department
that the requirements for afforestation or reforestation on site off
site cannot be reasonably accomplished if the applicant proposes to
make a payment into the local forest conservation fund or to purchase
credits from a forest mitigation bank.
(4)
Nontidal wetlands. A regulated activity within the net tract area
that occurs wholly or partly in areas regulated as nontidal wetlands
under Environment Article, Title 9, Annotated Code of Maryland, is
subject to both the nontidal wetlands regulatory requirements and
the requirements of this chapter, subject to the following:
(a)
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;
(b)
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 Environment Article, Title 9, Annotated
Code of Maryland, 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;
(c)
Nontidal wetlands shall be considered to be priority areas for
retention and replacement;
(d)
Forested nontidal wetland identification and delineation should
be included at the earliest stage of planning to assist the applicant
in avoidance and reduction of impacts to the nontidal wetlands and
to avoid delay in the approval process.
B.
Preliminary forest conservation plan.
(1)
A preliminary forest conservation plan shall be prepared by a licensed
forester, a licensed landscape architect, or a qualified professional
who meets the requirements stated in COMAR 08.19.06.01A.
(2)
A preliminary forest conservation plan shall:
(a)
Be submitted with the preliminary plan of subdivision or proposed
project plan;
(b)
Include the approved forest stand delineation for the site;
(d)
Include a clear graphic indication of the forest conservation
provided on the site, drawn to scale, showing areas where retention
of existing forest or afforestation or reforestation is proposed;
(f)
In the case of afforestation or reforestation, include a proposed
afforestation or reforestation plan;
(g)
Include a proposed construction timetable showing the sequence
of forest conservation procedures;
(h)
Show the proposed limits of disturbance;
(i)
Show proposed stockpile areas;
(j)
Incorporate a proposed two-year maintenance agreement that shows
how areas designated for afforestation or reforestation will be maintained
to ensure protection and satisfactory establishment; and
(k)
Other information the Department determines is necessary to
implement this chapter.
(3)
The review of the preliminary forest conservation plan shall be concurrent
with the review of the preliminary site plan.
(4)
During the different stages of the review process, the preliminary
forest conservation plan may be modified, provided the Department
approves of the changes.
C.
Final forest conservation plan.
(1)
A final forest conservation plan shall be prepared by a licensed
forester, a licensed landscape architect, or a qualified professional
who meets the requirements stated in COMAR 08.19.06.01A.
(2)
A final forest conservation plan shall:
(b)
Show proposed locations and types of protective devices to be
used during construction activities to protect trees and forests designated
for conservation;
(c)
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;
(d)
Incorporate a binding two-year maintenance agreement, as 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:
(e)
Incorporate a long-term binding protective agreement, as specified
in COMAR 08.19:05.02, that:
[1]
Provides protection for areas of forest conservation, including
areas of afforestation, reforestation, and retention; and
[2]
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;
(g)
Other information the Department determines is necessary to
implement this chapter.
(3)
Time for submittal.
(a)
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.
(b)
If the Department fails to notify the applicant within 45 calendar
days, the plan shall be treated as complete and approved.
(c)
The Department may require further information or extend the
deadline for an additional 15 calendar days under extenuating circumstances.
(d)
At the request of the applicant, the Department may extend the
deadline under extenuating circumstances.
(4)
The Department's review of a final forest conservation plan
shall be concurrent with the review of the final subdivision or project
plan, grading permit application, or sediment control application
associated with the project.
(5)
The Department may revoke an approved forest conservation plan if
it finds that;
(a)
A provision of the plan has been violated;
(b)
Approval of the plan was obtained through fraud, misrepresentation,
a false or misleading statement, or omission of a relevant or material
fact; or
(c)
Changes in the development or in the condition of the site necessitate
preparation of a new or amended plan.
(6)
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.
(7)
Before revoking approval of a forest conservation plan, the Department
shall notify the violator in writing and provide an opportunity for
a hearing.
A.
Afforestation requirement. A person making application after the
effective date of this chapter for subdivision or project plan approval,
a grading permit, or a sediment control permit for an area of land
of 40,000 square feet or greater, shall:
(1)
(2)
Comply with the following when cutting into forest cover that is currently below the afforestation percentages described in Subsection A(1)(a) and (b) of this section:
(a)
The required afforestation level shall be determined by the
amount of forest existing before cutting or clearing begins; and
(b)
Forest cut or cleared below the required afforestation level
shall be reforested or afforested at a ratio of 2 to 1 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.
B.
Retention; exception. The following trees, shrubs, plants, and specific
areas are 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 reasonable efforts have
been made to protect them and the plan cannot reasonably be altered:
(1)
Trees, shrubs, and plants located in sensitive areas, including the
one-hundred-year floodplain, intermittent and perennial streams and
their buffers, coastal bays and their buffers, steep slopes, nontidal
wetlands, and critical habitats; and
(2)
Contiguous forest that connects the largest undeveloped or most vegetated
tracts of land within and adjacent to the site.
C.
Retention; variance. The following trees, shrubs, plants, and specific areas are 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 the applicant qualifies for a variance in accordance with § 109-14 of this chapter:
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 each acre removed above the threshold to a ratio of two acres planted for each acre removed below the threshold.
B.
After reasonable efforts to minimize the cutting or clearing of trees and other woody plants have been exhausted in the development of a subdivision or project plan, grading and sediment control activities, and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation, purchase of credits from a forest mitigation bank, or payment into the forest conservation fund, according to the formula set forth in Subsections B and C of this section and consistent with § 109-6A of this chapter and the following forest conservation thresholds for the applicable land use category:
Category of Use
|
Threshold Percentage
| |
---|---|---|
Agricultural and resource areas
|
50%
| |
Medium-density residential areas
|
25%
| |
Institutional development areas
|
20%
| |
High-density residential areas
|
20%
| |
Mixed-use and planned unit development areas
|
15%
| |
Commercial and industrial use areas
|
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 each 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 Caroline County 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 each acre removed below the threshold.
A.
After techniques for retaining existing forest on the site have been
exhausted, the preferred sequence for afforestation and reforestation,
as determined by the Department, is as follows:
(2)
In a municipal corporation with a tree management plan and in an
existing population center designated in a County Master Plan that
has been adopted to conform with the Economic Growth, Resource Protection,
and Planning Act of 1992, or in any other designated area approved
by the Department, the use of:
(a)
Street trees as a permissible step in the priority sequence
for afforestation or reforestation and with a mature canopy coverage
may be granted full credit as a mitigation technique; and
(b)
Acquisition of an off-site protection easement on existing forested
areas not currently protected in perpetuity as a mitigation technique,
in which case the afforestation or reforestation credit granted may
not exceed 50% of the area of forest cover protected;
(3)
When all other options, both on site and off site, have been exhausted,
landscaping as a mitigation technique conducted under an approved
landscaping plan that establishes a forest at least 35 feet wide and
covering at least 2,500 square feet of area.
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 are considered a priority for afforestation and reforestation:
(1)
Those techniques that enhance existing forest and involve selective
clearing or supplemental planting on site;
(2)
On-site afforestation or reforestation where the retention options have been exhausted, using methods selected in accordance with Subsection F of this section, and the location being selected in accordance with this subsection;
(3)
Off-site afforestation or reforestation in the same watershed or
in accordance with an approved master plan where the applicant has
demonstrated that no reasonable alternative on site exists, or where:
(a)
Any on-site priority areas for afforestation or reforestation
have been planted in accordance with this subsection; and
(b)
The applicant has justified to the Department's satisfaction
that environmental benefits associated with off-site afforestation
or reforestation exceed those derived from on-site planting.
E.
Off-site afforestation or reforestation may include the use of forest
mitigation banks which have been so designated in advance by the Department.
F.
Standards for meeting afforestation or reforestation requirements
shall be established using one or more of the following methods:
(1)
Establish or enhance forest buffers adjacent to intermittent and
perennial streams, and coastal bays and their buffers, to widths of
at least 50 feet;
(2)
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;
(3)
Establish or enhance forest buffers adjacent to critical habitats
where appropriate;
(4)
Establish or enhance forested areas in the one-hundred-year floodplains;
(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 buffers adjacent to areas of differing land use, when appropriate,
or adjacent to highways or utility rights-of-way;
(7)
Establish forest areas adjacent to existing forests to increase the
overall area of contiguous forest cover, when appropriate; and
(8)
Use native plant materials for afforestation or reforestation, when
appropriate.
G.
A person required to conduct afforestation or reforestation under
this section shall accomplish it within one year or two growing seasons,
whichever is a greater time period, following development project
completion.
A.
There is established a Forest Conservation Fund in the local program.
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 into the County Forest Conservation Fund:
(1)
For a project inside a priority funding area, as defined in Natural
Resources Article § 5-1610, Annotated Code of Maryland,
at a rate of $0.30 per square foot of the area of required planting
until September 30, 2014, when the amount shall be adjusted for inflation
as determined by the Department annually by regulation; and
(2)
For a project outside a priority funding area, at a rate of $0.36
per square foot of the area of required planting until September 30,
2014, when the amount shall be 20% higher than the rate established
for a project inside a priority funding area.
C.
Money contributed instead of afforestation or reforestation under
this section shall be paid within 90 calendar days after development
project completion.
D.
The county shall accomplish the reforestation or afforestation for
which the money is deposited within two years or three growing seasons,
whichever is a greater time period, after receipt of the money.
E.
Money deposited in the local Forest Conservation Fund:
(1)
May be spent on the costs directly related to reforestation and afforestation,
including site identification, acquisition, preparation, maintenance
of existing forests, and achieving urban canopy goals;
(2)
Shall be deposited in a separate Forest Conservation Fund; and
(3)
May not revert to the general fund.
F.
Sites for afforestation or reforestation using fund money.
(1)
Except as provided in Subsection F(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 cannot be reasonably accomplished
in the county and watershed in which the project is located, then
the reforestation or afforestation shall occur in the county or watershed
in the state in which the project is located.
G.
If there is no local Forest Conservation Fund established, a person
may contribute to the state fund. The Department of Natural Resources
shall determine when contribution is allowable under COMAR 08.19.02.021.
A.
Use of forest mitigation bank.
(1)
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
may contribute credits from a forest mitigation bank. A credit is
required for each tenth of an acre of an area of required planting.
(2)
The credits shall be debited from an approved forest mitigation
bank within 90 calendar days after development project completion.
B.
Forest mitigation banks.
(1)
A person may create a forest mitigation bank from which applicants
may purchase credits to meet the afforestation and reforestation requirements
of this chapter.
(2)
The forest mitigation bank shall:
(a)
Afforest or reforest an area of land in accordance with a forest
mitigation bank agreement;
(b)
Be protected by an easement, deed restrictions, or covenants
which require the land in the bank to remain forested in perpetuity
and are enforceable by the Department and the Department of Natural
Resources;
(c)
Limit the use of the land in the bank to those activities which
are not inconsistent with forest conservation, such as recreational
activities, forest management under a forest conservation and management
program under Tax-Property Article § 8-211, Annotated Code
of Maryland, or activities specified in a forest management plan prepared
by a licensed forester and approved by the Department;
(d)
Use native plant materials for afforestation or reforestation
unless inappropriate; and
(e)
Cause trees to be planted which:
[1]
Establish or enhance forested buffers adjacent to intermittent
and perennial streams and coastal bays to widths of at least 50 feet;
[2]
Establish or increase existing forested corridors, which, where
practical, should be a minimum of 300 feet in width to facilitate
wildlife movement, to connect existing forests within or adjacent
to the site;
[3]
Establish or enhance forest buffers adjacent to critical habitats
where appropriate;
[4]
Establish or enhance forested areas in one-hundred-year floodplains;
[5]
Stabilize slopes of 25% or greater;
[6]
Stabilize slopes of 15% or greater with a soil K value greater
than 0.35, including the slopes of ravines or other natural depressions;
[7]
Establish buffers adjacent to areas of differing land use, where
appropriate, or adjacent to highways or utility rights-of-way; or
[8]
Establish forest areas adjacent to existing forests to increase
the overall area of contiguous forest cover, when appropriate.
(3)
A person proposing to create a forest mitigation bank shall
submit to the Department a:
(a)
Completed application, on a form approved by the Department,
which has been signed by an authorized individual in conformance with
COMAR 08.19.04.021;
(b)
Forest mitigation bank plan which contains a:
[1]
Vicinity map of the proposed mitigation bank site;
[2]
Simplified forest stand delineation which meets the criteria
in COMAR 08.19.04.02;
[3]
Detailed afforestation or reforestation plan, which shall include
a timetable and description of the site and soil preparation needed,
species, size, and spacing to be utilized, prepared by a licensed
Maryland forester, a licensed landscape architect, or a qualified
professional who meets the requirements stated in COMAR 08.19.06.01A;
and
[4]
Proposed two-year maintenance agreement that:
(c)
Copy of the deed to the property;
(d)
Survey or other legally sufficient description of the bank site
for inclusion in the deeds of easement, deed restrictions, or covenants;
(e)
Title report or other assurance that:
[1]
The property is not encumbered by any covenants or other types
of restrictions which would impair the property's use as a forest
mitigation bank; and
[2]
There is legally sufficient access to the forest mitigation
bank site which can be used by the Department and its assignees to
inspect the forest mitigation bank; and
(f)
Description of the system to be used by the person owning and
operating the forest mitigation bank to identify and keep track of
which portions of the bank have been debited to meet an applicant's
off-site afforestation or reforestation requirements.
(4)
The owner of an approved forest mitigation bank shall enter
into an agreement with the Department which contains:
(a)
The approved reforestation or afforestation plan;
(b)
The approved system for marking and tracking which portions
of the bank have been debited; and
(c)
An acknowledgment that the bank may not debit any portion of
the afforested or reforested land until two years of successful growth
has been achieved unless the banker has posted a bond or alternate
form of security.
A.
Tree species used for afforestation or reforestation shall be native
to the county, when appropriate, and selected from a list of approved
species established by the Department.
B.
The Department shall adopt a list of tree species to be used for
any required afforestation or reforestation and incorporate it into
the Caroline County Forest Conservation Technical Manual.
A.
A person required to conduct afforestation or reforestation under
this section 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; and
(3)
Be in a form and of a content approved by the Department.
B.
After one growing season, the person required to file a bond under Subsection A of this section may request reduction of the amount of the bond or other financial security by submitting a written request to the Department with a justification for reducing the bond or other financial security amount, including estimated or actual costs to ensure afforestation or reforestation requirements are met.
C.
The Department shall determine whether a lesser amount is sufficient
to cover the cost of afforestation or reforestation, taking into account
the following:
D.
If, after two growing seasons, the plantings associated with the
afforestation or reforestation meet or exceed the standards of the
Caroline County Forest Conservation Technical Manual, the amount of
the cash bond, letter of credit, surety bond, or other security shall
be returned or released.
A.
The County shall adopt standards for the protection of trees from
construction activity.
B.
Before cutting, clearing, grading, or construction begins on a site
for which a forest conservation plan is required by this chapter,
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 Natural Resources Article §§ 5-1601 through 5-1612,
Annotated Code of Maryland, if the person demonstrates that enforcement
would result in unwarranted hardship to the person.
B.
An applicant for a variance shall:
(1)
Describe the special conditions peculiar to the property which would
cause the 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; and
(6)
Verify that the granting of a variance will not adversely affect
water quality.
D.
Notice of a request for a variance shall be given to the Department
of Natural Resources within 15 days of receipt of a request for a
variance.
E.
There is established by this chapter the right and authority of the
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 Natural Resources Article §§ 5-1601
through 5-1612, Annotated Code of Maryland, or this chapter.
A.
Noncompliance fees.
(1)
A person found to be in noncompliance with this chapter, regulations
adopted under this chapter, the forest conservation plan, or the associated
two-year maintenance agreement, shall be assessed by the Department
the penalty of $0.30 per square foot of the area found to be in noncompliance
with required forest conservation.
B.
Violations.
(1)
In addition to the provisions under Subsection A of this section, a person who violates a provision of this chapter or a regulation or order adopted or issued under this chapter is liable to a penalty not to exceed $1,000, which may be recovered in a civil action brought by the Department.
(2)
Each day a violation continues is a separate violation.
C.
The Department may seek an injunction requiring the person to cease
violation of this chapter and take corrective action to restore or
reforest an area.
D.
The local program may adopt the enforcement provisions under COMAR
08.19.06.03.
E.
The local program shall provide to the Department notice of an enforcement
action within 15 days after the commencement of enforcement by the
local program.
On or before March 1 of each year, the Department shall submit
to the Department of Natural Resources a report which contains the:
A.
Number, location, and type of projects subject to the provisions
of this chapter;
B.
Amount and location of acres cleared, conserved, and planted, including
any areas located in the one-hundred-year floodplain, in connection
with a development project;
C.
Amount of reforestation and afforestation fees and noncompliance
penalties collected and expended;
D.
Costs of implementing the forest conservation program;
E.
Location and size of all forest mitigation banks approved during
the past year with a description of the priority areas afforested
or reforested by the bank;
F.
Number of acres debited from each forest mitigation bank since the
last annual report; and
G.
Forest mitigation banks inspected since the last annual report.
H.
Number, location, and types of violations and types of enforcement
activities conducted; and
I.
Size and location of all conserved and planted forest areas, which
shall be submitted in an electronic geographic information system
or computer-aided-design format if possible. If not possible, the
location shall be given by Maryland State plane grid coordinates and
eight-digit subwatershed.
The Department shall submit the necessary documentation to comply
with COMAR 08.19.02.04.
This chapter may be amended as required. All amendments to this
chapter are subject to the approval of the Department of Natural Resources
to the extent required by applicable law.