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
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.