(a) Required. Upon receipt of notice that a forest stand delineation is complete and correct, a developer shall file with the Office of Planning and Zoning a proposed forest conservation plan.
(b) Priority retention areas. The following vegetation and areas are considered priority retention areas and shall be left undisturbed unless the Planning and Zoning Officer approves a modification described in § 17-2-108: (1) trees, shrubs, and plants located in sensitive areas, including the 100-year floodplain, intermittent and perennial streams and their buffers, steep slopes, non-tidal wetlands, and all associated buffers; and critical habitat areas, as defined in § 5-1601 of the Natural Resources Article of the State Code;
(2) contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site;
(3) trees, shrubs, or plants determined to be rare, threatened, or endangered under the Federal Endangered Species Act of 1973 set forth in 16 U.S.C. §§ 1531 - 1544 and in 50 CFR Part 17; the Maryland Nongame and Endangered Species Conservation Act set forth in the Natural Resources Article, §§ 10-2A-01 et seq., of the State Code; and COMAR, Title 08;
(4) trees that are champion trees, part of a historic site, or associated with a historic structure;
(5) a tree that has a diameter measured at 4.5 feet above the ground of 30 inches or more or that is 75% or more of the diameter of the current State champion tree of that species;
(6) forested areas at least 35 feet wide with a total area of 10,000 square feet; and
(7) habitats or potential habitats for forest interior dwelling birds and other wildlife species that consist of:
(i) a minimum of 75 acres of contiguous forest with 10 or more acres of contiguous forest located more than 300 feet from the nearest forest edge; or
(ii) a minimum of 75 acres of contiguous riparian forests along a perennial stream with an average width of at least 300 feet.
(c) Contents of forest conservation plan. A forest conservation plan shall contain or be accompanied by all information required by the Office of Planning and Zoning, including at least the following:
(1) an approved forest stand delineation;
(2) a table that lists the proposed values, measured to the nearest one-tenth acre, of the site, including the area of required forest conservation and the onsite and offsite areas of forest conservation that the developer will provide, but excluding the 100-year floodplain and any previously developed areas covered by impervious surfaces that are located in a priority funding area;
(3) a graphic scale drawing of the site that shows the forest conservation to be provided, areas where existing forest is to be retained, areas proposed for afforestation or reforestation and their relationship to priority areas, any offsite areas proposed for afforestation or reforestation to meet forest conservation requirements, the limits of disturbance to the site, and stockpile areas;
(4) an explanation of how the developer will give priority to the retention of existing forests;
(5) an afforestation or reforestation plan, if applicable;
(6) information required by the State Forest Conservation Technical Manual;
(7) a timetable for the sequence to implement the forest conservation plan and a description of site and soil preparation, size and species of plants and trees, and spacing between trees and plants;
(8) the locations and types of protective devices to be used during construction activities to protect trees and forests designated for conservation;
(9) a forestation agreement;
(10) a forest conservation easement that provides protection for areas of retention, planting, replanting, afforestation, or reforestation and that limits the use of those areas to uses that are consistent with forest conservation, including passive recreational activities and forest management practices.
(d) Retention not feasible; afforestation and reforestation; payment to Forest Conservation Fund.
(1) If a developer proposes to modify the requirements of §
17-6-303(b) or to retain less of the existing forest than is required by the forest conservation thresholds established in §
17-6-306, the developer shall apply to the Planning and Zoning Officer for a modification of the forest conservation requirements of this subtitle pursuant to §
17-2-108.
(2) If the Planning and Zoning Officer approves a modification pursuant to paragraph (d)(1), the developer shall provide for afforestation in accordance with § 17-6-305 and reforestation in accordance with §
17-6-306.
(3) If the Office of Planning and Zoning determines that neither afforestation nor reforestation can reasonably be accomplished, the developer shall make a payment to the County’s Forest Conservation Fund as provided in Title 11 before the signing of the proposed record plat for a development involving subdivision or upon the issuance of a grading permit for a development not involving subdivision.
(Bill No. 3-05; Bill No. 59-10; Bill No. 93-12; Bill No. 57-16; Bill No. 68-19)
