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.
The delineation shall be prepared by a licensed forester,
licensed landscape architect, or a qualified professional who meets
the requirements stated in COMAR 08.19.06.01B.
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:
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 an existing forest on the site subject to a forest
conservation plan cannot be retained, the applicant shall demonstrate
to the satisfaction of the Department:
Why the priority forests and priority areas specified
in Natural Resources Article, § 5-1607(c), Annotated Code
of Maryland, cannot be left in an undisturbed condition;
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; and
Where on the site in priority areas afforestation
or reforestation will occur in compliance with Natural Resources Article
§ 5-1607, Annotated Code of Maryland.
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 Forest Conservation Fund instead
of afforestation or reforestation.
Nontidal wetlands. A regulated activity within the
net tract area that occurs wholly or partially in areas regulated
as nontidal wetlands under Natural Resources Article, §§ 8-1201
through 8-1211, Annotated Code of Maryland, and COMAR 08.05.04 is
subject to both the nontidal wetlands regulatory requirements and
the requirements of this chapter, subject to the following:
Any area of forest in the net tract area, including
forest in nontidal wetland that is retained, shall be counted toward
a forest conservation requirements under this article.
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.
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.
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 08.19.06.01B.
Include a clear graphic indication of the forest conservation
provided on the site drawn to scale, showing areas where retention
of existing forests or afforestation or reforestation is proposed;
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;
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 final forest conservation plan shall be prepared
by a licensed forester, licensed landscape architect, or a qualified
professional who meets the requirements stated in COMAR 08.19.06.01B.
Show proposed locations and types of protective devices
to be used during construction activities to protect trees and forests
designated for conservation;
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;
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:
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.
Include the substantive elements required under § 87-10B(2) through (5), (7) through (9) and (11) of this article, as finalized elements of the forest conservation plan; and
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.
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.
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.