A person making application after the effective date of this chapter for subdivision or project plan approval, a grading permit, other than needed for landscaping or to correct drainage or slope problems or a sediment control permit for an area of land of 40,000 square feet or greater, shall:
A. 
Conduct afforestation on the lot or parcel in accordance with the following:
(1) 
A tract having less than 20% of the net tract area in forest cover shall be afforested up to at least 20% of the net tract area for the following land use categories:
(a) 
Agriculture and resource areas; and
(b) 
Medium-density residential areas.
(2) 
A tract 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 for the following land use categories:
(a) 
Institutional development areas.
(b) 
High density residential areas.
(c) 
Mixed use and planned unit development areas.
(d) 
Commercial and industrial areas.
B. 
Comply with the following when cutting into 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; and
(2) 
Forest cut or cleared below the required afforestation level shall be reforested or afforested at a two-to-one 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 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 be reasonably altered:
A. 
Trees, shrubs, and plants located in sensitive areas including the one-hundred-year floodplain, intermittent and perennial streams and their buffers, steep slopes, nontidal wetlands, and critical habitats;
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:
(1) 
The federal Endangered Species Act of 1973 in 16 U.S.C. §§ 1531 through 1544 and in 50 CFR Part 17;
(2) 
The Maryland Nongame and Endangered Species Conservation Act, Natural Resources Article, §§ 10-2A-01 through 10-2A-09, Annotated Code of Maryland; and
(3) 
COMAR 08.03.08.
D. 
Trees that:
(1) 
Are part of a historic site;
(2) 
Are associated with a historic structure; or
(3) 
Have been designated by the state or the Department as a national, state, or county champion tree; and
E. 
Any tree having a diameter measured at 4.5 feet above the ground of:
(1) 
Thirty inches or more; or
(2) 
Seventy-five percent or more of the diameter, measured at 4.5 feet above the ground, of the current state champion tree of that species as designated by the Department of Natural Resources.
A. 
There is a different forest conservation threshold established for different 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, or payment into the State Forest Conservation Fund, according to the formula set forth in Subsections B and C of this section and consistent with § 87-9 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 1/10th 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 Forest Conservation Manual.
(3) 
For all existing forest cover measured to the nearest 1/10th 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:
(1) 
Selective clearing and supplemental planting on site;
(2) 
On-site afforestation or reforestation, if economically feasible, using transplanted or nursery stock that is greater than 1.5 inches diameter measured at 4.5 feet above the ground;
(3) 
On-site afforestation or reforestation, using whip and seedling stock;
(4) 
Landscaping of areas under an approved landscaping plan which establishes a forest that is at least 35 feet wide and covering 2,500 square feet or more of area;
(5) 
Off-site afforestation or reforestation, using transplanted or nursery stock that is greater than 1.5 inches diameter measured at 4.5 feet above the ground;
(6) 
Off-site afforestation or reforestation, using whip and seedling stock;
(7) 
Natural regeneration on site; and
(8) 
Natural regeneration off site.
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 land use plan or 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) 
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 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.
D. 
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. 
Since there is established a Forest Conservation Fund in the Department of Natural Resources, this applies to this chapter.
B. 
If any person subject to this chapter demonstrates to the satisfaction of the Department that the requirements for reforestation or afforestation on site or off site cannot be reasonably accomplished, the person shall contribute money to the fund:
[Amended 2-6-2012 by Ord. No. 2012-01]
(1) 
On or before September 30, 2014;
(a) 
For a project inside a priority funding area, at a rate of $0.30 per square foot of the area of required planting; and
(b) 
For a project outside of a priority funding area, at a rate of $0.36 per square foot of the area of required planting; and
(2) 
After September 30, 2014:
(a) 
For a project inside a priority funding area, at a rate adjusted for inflation as determined by the Department annually by regulation; and
(b) 
For a project outside of a priority funding area, at a rate that is 20% higher than the rate set under Subsection B(2)(a).
C. 
Money contributed instead of afforestation or reforestation under this article shall be paid within 90 calendar days after development project completion.
D. 
The Department of Natural Resources shall accomplish reforestation or afforestation for which the money is deposited within one year or two growing seasons, whichever is a greater time period after receipt of the money.
E. 
Money contributed under this article shall remain in the account for a period of one year or two growing seasons, whichever is a greater period. 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 Department of Natural Resources Conservation Fund may be spent on costs related to reforestation or afforestation, including site identification, acquisition, and preparation.
G. 
Sites for afforestation or reforestation using fund money.
(1) 
Reforestation or afforestation shall occur anywhere within the State of Maryland.
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 from the Forest Conservation Manual.
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; and
[Amended 2-6-2012 by Ord. No. 2012-01]
(3) 
Be in a form and of a content approved by the Department.
[Amended 2-6-2012 by Ord. No. 2012-01]
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.
[Amended 2-6-2012 by Ord. No. 2012-01]
C. 
The Department shall determine whether a lesser amount is sufficient to cover the cost of afforestation or reforestation, taking into account the following:
[Amended 2-6-2012 by Ord. No. 2012-01]
(1) 
The number of acres;
(2) 
The proposed method of afforestation or reforestation;
(3) 
The cost of planting materials or replacement materials;
(4) 
The cost of maintenance of the afforestation or reforestation project; and
(5) 
Other relevant factors.
D. 
If, after two growing seasons, the plantings associated with the afforestation or reforestation meet or exceed the standards of the Forest Conservation Manual, the amount of the cash bond, letter of credit, surety bond, or other security shall be returned or released.
E. 
A local forest conservation program may incorporate the financial security set forth in Subsections A through D of this section or in COMAR 08.19.05.01B.
A. 
The Town shall adopt standards for the protection of trees from construction activity that are at least as effective as the standards provided in the 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 chapter, the applicant shall demonstrate to the Department of Natural Resources that protective devices have been established.