Article VI Forest and Tree Conservation

Cutting or clearing conducted in accordance with a forest harvest permit issued under Chapter 214 of the Harford County Code, as amended, if the cutting or clearing:

Is completed before July 1, 1991; or

Is completed on or after July 1, 1991, and the property on which the cutting or clearing is conducted is not the subject of an application for a grading permit within 5 years after the cutting or clearing.

Cutting or clearing in the Chesapeake Bay Critical Area Overlay District established under § 267-63 (Chesapeake Bay Critical Area Overlay District).

Cutting or clearing to further agriculture, if the land on which the cutting or clearing is conducted is not the site of development within 5 years after the clearing or cutting.

Forest management activities conducted in accordance with a federal, state or local forestry or woodland incentives program.

If conducted so as to minimize the loss of forest, cutting or clearing of:

Public utility rights-of-way; and

Land for an electrical generating station approved by the Public Service Commission under Title 7, Public Utility Companies, of the Annotated Code of Maryland.

Routine maintenance of public utility rights-of-way.

Any development conducted on a single residential parcel described in the land records as of January 1, 1992, of any size, if the development:

[Amended by Bill No. 14-1]

Does not result in the cutting, clearing or grading of more than 20,000 square feet of forest; and

Does not result in the cutting, clearing or grading of any forest that is subject to a previous forest conservation plan prepared under this article; and

If land on which cutting or clearing has been conducted in accordance with an exemption under Subsections B(1)(b) or B(3) is developed:

[1]

Within 5 years after the cutting or clearing, the development is subject to this article and the required forest conservation shall be calculated based on the acreage of forest that existed before the cutting or clearing; and

[2]

More than 5 years after the cutting or clearing, the development is subject to this article and the required forest conservation shall be calculated based on the acreage of forest that exists after the cutting or clearing.

§ 267-35 General requirements.

A person who applies after January 1, 1992, for subdivision approval, a grading permit or a building permit for an area of land of 40,000 square feet or more:

Shall submit, to the Department, in accordance with the Forest Cover Conservation and Replacement Manual, which is incorporated herein by reference:

A forest stand delineation for the lot or parcel on which the development is located; and

A forest conservation plan for the lot or parcel on which the development is located;

Shall not, unless granted an exemption by the Department, perform any construction activity in the dripline of a tree that is to be retained; and

Shall use methods approved by the Department to protect retained trees during construction.

Notwithstanding any other provision of this article, the Department of Public Works shall plant at least 1 tree for every 2 trees of a dbh of 8 inches or more that it cuts or clears as part of a project to widen a County road.

When planting trees in accordance with Subsection B of this section, the Department of Public Works shall meet the following criteria:

The trees planted shall:

Have at maturity approximately the same area of canopy as the trees that were cut or cleared; and

Have a caliper of at least 1 1/2 inches.

The trees shall be planted:

If feasible, on the site or in the right-of-way used for the project; or

If the owner of the abutting property requests, on property that abuts the site or the right-of-way used for the project.

The trees shall be of the same species as those cut or cleared if:

The owner of the abutting property so requests; and

They are planted on abutting property.

If the owner of the abutting property requests, the Department of Public Works shall pay the owner a fee in an amount equal to the cost of the trees that would have been planted on the abutting property under this section, and payment of the fee relieves the Department of Public Works of the duty to plant the trees.

§ 267-36 Forest stand delineation.

A forest stand delineation shall be submitted before a preliminary subdivision plan, a grading permit application or a building permit application is submitted for the lot or parcel being developed.

The delineation shall be prepared and signed by a licensed forester, licensed landscape architect or a qualified professional as noted by the Maryland Forest Service.

The delineation shall include:

A topographic map delineating intermittent and perennial streams and steep slopes over 25%;

A soils map delineating soils with structural limitations, hydric soils and soils with a soil K value greater than 0.35 on slopes of 15% or more;

Forest stand maps indicating species, location and size of trees and showing dominant and codominant forest types;

Limit of nontidal wetlands and required buffers;

Limit of 100-year floodplain; and

Any other information required by the Department.

Action by Department.

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.

If the Department fails to notify the applicant within 30 calendar days, the delineation shall be treated as complete and correct.

The Department may require further information or extend the deadline for an additional 15 calendar days under extenuating circumstances.

§ 267-37 Forest conservation plan.

A forest conservation plan shall be prepared and signed by a licensed forester, a licensed landscape architect or a qualified professional as noted by the Maryland Forest Service.

A forest conservation plan shall:

Be submitted with the first of the following submitted for the site:

A preliminary subdivision plan;

An application for a grading permit; or

An application for a building permit;

Include a map of the site drawn at the same scale as the grading or subdivision plan;

Include a table that lists, in square feet:

The net tract area;

The total area of forest conservation required; and

The total area of forest conservation that the applicant proposes to provide, including both on-site and off-site areas;

Include a clear graphic indication of the forest conservation provided on the site showing areas where retention of existing forest or afforestation is planned;

Include a construction timetable, indicating the phasing of the project and showing the sequence for tree conservation procedures;

Include an afforestation and reforestation plan with a proposed schedule and description of needed site and soil preparation, species, size and spacing to be utilized;

Show locations and types of protective devices to be used during construction activities to protect trees and areas of forest designated for conservation;

(8)

Show the planned limits of disturbance;

(9)

Show planned stockpile areas;

(10)

Incorporate a commitment to complete all required afforestation and reforestation in accordance with the schedule established by the Department in the approved forest conservation plan;

(11)

Incorporate a binding 2-year management agreement that details how the areas designated for afforestation or reforestation will be maintained to ensure protection or satisfactory establishment, including:

Watering; and

Reinforcement planting provisions if survival rates fall below required standards;

(12)

Include any plan for individual tree plantings proposed under § 267-43 (Individual tree plantings) of this article;

(13)

Record a declaration of covenants and restrictions for forest retention as provided in Article VI, Forest and Tree Conservation. The said declaration is to be reviewed and approved by the Department of Planning and Zoning with concurrence of the Department of Law; and

(14)

Any other information the Department requires.

Action by Department.

Within 45 calendar days after receipt of the forest conservation plan, the Department shall notify the applicant whether the forest conservation plan is complete and approved.

If the Department fails to notify the applicant within 45 calendar days, the plan shall be treated as complete and approved.

The Department may require further information or extend the deadline for an addition 15 calendar days under extenuating circumstances.

At the request of the applicant, the Department may extend the deadline under extenuating circumstances.

The Department's review of a forest conservation plan shall be concurrent with the review of the subdivision plan, grading permit application or building permit application associated with the project.

The Department may revoke an approved forest conservation plan if it finds that:

Any provision of the plan has been violated;

Approval of the plan was obtained through fraud, misrepresentation, a false or misleading statement or omission of a relevant or material fact; or

Changes in the development or in the condition of the site necessitate preparation of a new or amended plan.

In revoking an approved forest conservation plan under Subsection E, the Department shall follow the procedure for revocation of zoning certificates that is set forth in § 267-8F (Zoning certificates) of this chapter.

If a forest conservation plan is required by this article, a person may not cut, clear or grade on the development site:

Until the Department has approved the plan; or

In violation of the approved plan.

§ 267-38 Abbreviated process.

In this section, "parcel" means a parcel described in the land records as of the effective date of County Council Bill No. 93-11, June 14, 1993.

This section applies only to the first 5 lots created from a parcel.

A person is not required to submit a forest stand delineation or a forest conservation plan for a subdivision of 5 or fewer residential lots if:

Development will not result in the cutting, clearing or grading of:

A cumulative total of more than 20,000 square feet of forest on the parcel; and

[Amended by Bill No. 14-1]

Forest that is subject to an approved forest conservation plan;

The person files with the preliminary subdivision plan a declaration of intent stating that development will be conducted in accordance with Paragraph (1) of this subsection; and

The forest to be retained on the parcel is designated as such on the preliminary subdivision plan and the final subdivision plat.

A person may file an abbreviated forest stand delineation for a subdivision of 5 or fewer residential lots if:

Development will result in the cutting, clearing or grading of a cumulative total of more than 20,000 square feet of forest on the parcel;

[Amended by Bill No. 14-1]

Development will not result in the cutting, clearing or grading of forest that is subject to an approved forest conservation plan;

The abbreviated forest stand delineation is prepared in accordance with the standards for such delineations in the Department's Forest Conservation Manual; and

A forest conservation plan is also submitted for the site.

A person who files an abbreviated forest stand delineation may file the delineation and the forest conservation plan for the site at the same time.

Within 60 calendar days after receipt of the abbreviated forest stand delineation and the forest conservation plan, the Department shall notify the applicant as to whether the delineation and plan are complete and approved.

If the abbreviated forest stand delineation and the forest conservation plan are submitted separately, the period of 60 calendar days established by Subsection F starts from the later date of submission.

If the Department fails to notify the applicant within 60 calendar days, the delineation and the plan shall be treated as complete and approved.

The Department may require further information or extend the deadline for an additional 15 calendar days under extenuating circumstances.

§ 267-39 Retention and afforestation.

[Amended by Bill No. 14-1]

A person who applies after January 1, 1992, for subdivision approval, a grading permit or a building permit for an area of land of 40,000 square feet or more:

Shall conduct afforestation on the lot or parcel in accordance with the following:

For the following land use categories, a site with less than 20% of its net tract area in forest cover shall be afforested up to at least 20% of the net tract area:

[1]

Natural resources;

[2]

Medium-density residential uses; and

[3]

Low-density residential uses; and

For the following land use categories, a site with less than 15% of its net tract area in forest cover shall be afforested up to at least 15% of the net tract area:

[1]

Business uses;

[2]

Industrial uses;

[3]

Institutional uses; and

[4]

High-density residential uses; and

Shall retain at least the following minimum percentages of the existing forest on the lot or parcel outside of the development envelope, as shown on the most recently adopted land use plan map:

Type of Use	Minimum Percentage of Forest to be Preserved
Natural resources uses and low-density residential uses	50%
Medium-density residential uses	40%
Institutional uses	30%
Business and industrial uses	15%

Subsection A(2) does not apply to the development of a water line, a sewer line or a sanitary landfill.

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 reasonable efforts have been made to protect them and the plan cannot be reasonably altered:

Trees, shrubs and plants located in sensitive areas, including the Floodplain District established under Chapter 131 of the Harford County Code, as amended, intermittent and perennial streams and their buffers, steep slopes and critical habitat areas; and

Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site.

The following trees, shrubs, plants and specific areas shall be considered priorities for retention and protection and shall be left in an undisturbed condition:

Trees, shrubs or plants identified on the list of rare, threatened and endangered species of the United States Fish and Wildlife Service or the State Department of Natural Resources;

Trees that:

Are part of a historic site;

Are associated with a historic structure; or

Have been designated by the state or the Department as a national, state or County champion tree; and

Trees having a dbh of:

Thirty inches or more; or

Seventy-five percent of the dbh of the current state champion tree of that species.

Subsection D of this section does not require retention of:

A tree that is dead or diseased; or

A tree that has been substantially damaged through natural causes and is not expected to survive.

The Director of Planning may grant a waiver from Subsection D above if the applicant has demonstrated to the satisfaction of the Department that enforcement would result in unwarranted hardship. The applicant shall:

Describe the special conditions peculiar to the property which would cause the unwarranted hardship;

Describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas;

Verify that the granting of the waiver will not confer on the applicant a special privilege that would be denied to other applicants;

Verify that the waiver request is not based on conditions or circumstances which are the result of actions by the applicant;

Verify that the waiver request is not based on conditions relating to land and building use, either permitted or nonconforming, on a neighboring property; and

§ 267-41 Priorities and time requirements for afforestation and reforestation.

Verify that the granting of a waiver will not adversely affect water quality.

Notice of request for a waiver shall be given to the Maryland Department of Natural Resources by the Department of Planning within 15 days of receipt of the request.

No forest retention area easements shall be permitted on residential lots with a net tract of less than 20,000 square feet. No more than 25% of any lot with a net lot area between 20,000 square feet and 60,000 square feet shall be encumbered by a forest retention area easement.

§ 267-40 Reforestation.

There is a forest conservation threshold established for each land use category, 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 to a ratio of 2 acres planted for every acre removed.

After every reasonable effort to minimize the cutting or clearing of trees and other woody plants is exhausted in the development of a subdivision plan, and grading and sediment control activities and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation, according to the formula set forth in Subsection C and consistent with the following forest conservation threshold for the applicable land use category:

[Amended by Bill No. 11-04]

Category of Use	Threshold Percentage
Natural resources uses	50%
Low-density and medium-density residential uses	40%
Institutional uses	30%
High-density residential uses	30%
Business and industrial uses	15%

Subject to Subsection D, for all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above the threshold established by this section, the area of forest removed shall be reforested at a ratio of 1/4 acre planted for every acre removed.

Each acre of forest retained on the net tract area, above the threshold, shall be credited against the total number of acres required to be reforested under Subsection C.

For all existing forest cover measured to the nearest 1/10 acre, cleared on the net tract area, below the threshold established by this section, the area of forest removed shall be reforested at a ratio of 2 acres planted for every acre removed.

No afforestation or reforestation shall be permitted on any residential lot with a net lot area of less than 20,000 square feet. No more than 25% of any lot with a net tract area between 20,000 square feet and 60,000 square feet shall be permitted for reforestation or afforestation planting.

The required sequence for forest conservation, after techniques for retaining existing forest on the site have been exhausted, is as follows:

Selective clearing and supplemental planting on site;

On-site afforestation, if economically feasible, using transplanted or nursery stock that is greater than 1 1/2 inches dbh;

On-site afforestation using whip and seedling stock with protective tree tubes (shelters);

On-site individual tree plantings conducted in accordance with § 267-43 (Individual tree plantings) of this article;

Landscaping of areas under a landscaping plan that establishes a forest that is at least 35 feet wide and covers at least 2,500 square feet of area;

Off-site afforestation using transplanted or nursery stock that is greater than 1 1/2 inches dbh;

Off-site afforestation using whip and seedling stock with protective tree tubes (shelters);

(8)

Natural regeneration on-site; and

(9)

Natural regeneration off-site.

A sequence other than the one described in Subsection A 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.

The following are priorities for reestablishment:

Forest buffers adjacent to intermittent and perennial streams, to widths of at least 50 feet;

Forest corridors, connecting existing forests within or adjacent to the site, to widths of at least 300 feet where possible;

Forest buffers adjacent to critical habitat areas;

Plantings in the Natural Resource District established under § 267-62 (Natural Resource District);

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;

Buffers adjacent to areas of differing land use, where appropriate, or adjacent to highways or utility rights-of-way; and

Forested areas adjacent to existing forests so as to increase the overall area of contiguous forest cover, when appropriate.

A person required to conduct afforestation or reforestation under this article shall accomplish the afforestation or reforestation in accordance with the schedule established by the Department in the approved forest conservation plan. The Department shall ensure that the schedule is structured to:

Require completion of the afforestation or reforestation within 2 years;

Provide an optimum opportunity for successful afforestation;

Avoid delay to development and construction activities; and

Take into consideration the phasing of the development project.

§ 267-42 (Reserved)

§ 267-43 Individual tree plantings.

Individual tree plantings conducted in accordance with § 267-41 (Priorities and time requirements for afforestation and reforestation) of this article shall be credited towards the remaining forest conservation requirements in an amount equal to 500 square feet for each individual tree planted.

To qualify for a credit under this section, the plantings shall:

Be conducted in accordance with a landscaping plan submitted with the forest conservation plan;

Be conducted in areas protected in accordance with § 267-37 (Forest conservation plan) of this article; and

Include trees of a caliper of at least 1 1/2 inches.

The landscaping plan shall include:

A list of the proposed tree species to be utilized;

The number of trees to be planted;

A calculation of the square footage for all individual trees planted; and

An overlay showing the location of the trees on the preliminary subdivision plan or the concept plan.

The location, spacing and species of trees planted in accordance with this section shall be as approved by the Department in the forest conservation plan, and the Department shall encourage plantings along streets, between buildings, in parking lots and in other common-area sites where the plantings may provide buffering, energy conservation and other environmental benefits.

Planting under this section shall be conducted in accordance with urban forestry standards recognized by the Forestry Division of the Maryland Department of Natural Resources.

§ 267-44 Required tree species.

Tree species used for afforestation and reforestation shall be native to the County and selected from a list of approved species established by the Department.

Tree species for individual tree plantings conducted in accordance with § 267-43 (Individual tree plantings) of this article shall be selected from a list of approved species established in the Forest Cover Conservation and Replacement Manual.

The Department may approve a request for permission to use a species that is not on the list of approved species if the request:

Is in writing;

Describes the circumstances that make use of the species appropriate; and

§ 267-45 Surety for forest conservation.

Is not based solely in economic factors.

Before receiving a grading permit or a building permit, a person required to conduct afforestation, reforestation or individual tree plantings under this article, shall furnish surety in the form of a bond, an irrevocable letter of credit or other security approved by the Department. The surety shall:

Assure that the afforestation, reforestation and individual tree plantings are conducted and maintained in accordance with the approved forest conservation plan;

Be in an amount equal to the estimated cost, as determined by the Department, of afforestation, reforestation and individual tree plantings;

If the development is scheduled to be constructed in phases, cover the portion of the development within the limits of disturbance delineated in the grading permit application; and

§ 267-46 Standards for protecting trees from construction activities.

Be in a form and of a content approved by the County Attorney.

If after 1 growing season the afforestation, reforestation and individual tree plantings meet or exceed the standards of the Forest Cover Conservation and Replacement Manual, 2/3 of the amount of any cash bond that has been posted shall be returned. If the surety has been given in the form of a letter of credit, a surety bond or another form of surety, the County shall notify the appropriate entity that liability has been reduced by 2/3.

If after 2 growing seasons, the afforestation, reforestation and individual tree plantings meet or exceed the standards of the Forest Cover Conservation and Replacement Manual, the remaining amount of the cash bond, letter of credit, surety bond or other surety shall be returned or released.

Before cutting, clearing, grading or construction begins on a site for which a forest conservation plan is required by this article:

All forest that is to be retained shall be clearly marked with flags, signs or other materials approved by the Department;

Protection devices approved by the Department shall be installed; and

The Department shall inspect the site to ensure that the marking and protection devices are in place.

Unless approved within the forest conservation plan, the following activities are prohibited within the dripline of a tree that is to be retained:

Grading;

Filling;

Trenching;

Tunneling;

Storage of construction materials or equipment;

Placement or operation of vehicles, equipment or construction trailers;