A. 
The following provisions shall apply to any person making application after the effective date of this chapter for a regulated activity on an area of land of 40,000 square feet or greater. The applicant shall:
(1) 
Submit to the Department a forest stand delineation and a forest conservation plan for the lot or parcel on which the regulated activity is located.
(2) 
Use methods approved by the Department, as provided in the Wicomico County Forest Conservation Manual, to protect retained forests and trees during construction.
B. 
If a local agency or person using state funds makes application to conduct a regulated activity, the provisions of COMAR 08.19.04.01 apply where appropriate.
A. 
A forest stand delineation shall be submitted at the initial stages of approval, before a regulated activity is submitted for the tract being developed. All such submissions shall be to scale and at a size of 24 inches by 36 inches.
B. 
The delineation shall be prepared by a licensed forester, licensed landscape architect or a qualified professional who meets the requirements set forth in COMAR 08.19.06.01B, as determined by the Department of Natural Resources.
C. 
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:
(1) 
A topographic map delineating intermittent and perennial streams and steep slopes over 25%.
(2) 
A soils map delineating soils with structural limitations, hydric soils or soils with a soil K value greater than 0.35 on slopes of 15% or more.
(3) 
Forest stand maps indicating species, location and size of trees and showing dominant and codominant forest types.
(4) 
Location of tidal and nontidal one-hundred-year floodplains.
(5) 
Information as may be required by the Wicomico County Forest Conservation Manual.
(6) 
Other information the Department determines is necessary to implement this chapter.
D. 
Once approved, a forest stand delineation may remain in effect for not longer than five years.
A. 
With the approval of the Department, a simplified delineation may be submitted for an area when no forest cover is disturbed during a regulated activity or minor development project; and the required designated forest cover will be under a long-term protective agreement.
B. 
The simplified delineation shall be prepared by a registered surveyor, professional engineer, architect, nurseryman with five years' experience, licensed landscape architect, licensed forester or a qualified professional who meets the requirements set forth in COMAR 08.19.06.01B, as determined by the Department of Natural Resources.
C. 
The Department shall consider a simplified forest stand delineation complete if it includes the following information on one or more site plans:
(1) 
A topographic map delineating intermittent and perennial streams and steep slopes over 25%.
(2) 
A soils map delineating soils with structural limitations, hydric soils or soils with a soil K value greater than 0.35 on slopes of 15% or more.
(3) 
Location of tidal and nontidal one-hundred-year floodplains.
(4) 
The actual location and amount of all forests on site.
(5) 
Information as may be required by the Department and/or the Wicomico County Forest Conservation Manual.
D. 
Once approved, a simplified forest stand delineation may remain in effect for not longer than five years.
A. 
Within 30 calendar days after receipt of a standard or simplified forest stand delineation, the Department shall notify the applicant whether the forest stand delineation is complete and correct or incomplete.
B. 
If the Department fails to notify the applicant within 30 days, the delineation shall be treated as complete and correct.
C. 
The Department may provide for an additional 15 calender days for notification to an applicant when the following extenuating circumstances prevent consideration of the application:
(1) 
Inclement weather conditions;
(2) 
Review required by other state agencies;
(3) 
Review required by local agencies; or
(4) 
Other justifiable extenuating circumstances.
Once a forest stand delineation plan has been approved by the Department, a forest conservation plan consistent with the following shall be required.
A. 
In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest on the site consistent with the reforestation and afforestation requirements of Article VI of this chapter.
B. 
If existing forest on the site subject to a forest conservation plan cannot be retained, the applicant shall demonstrate to the satisfaction of the Department:
(1) 
How techniques for forest retention have been exhausted.
(2) 
Why the priority forests and priority areas cannot be left in an undisturbed condition.
(3) 
If priority forests and priority areas cannot be left undisturbed, how the sequence for afforestation or reforestation will be followed in compliance with § 126-16 of this chapter.
(4) 
Where on the site in priority areas afforestation or reforestation will occur in compliance with the Natural Resources Article of the Annotated Code of Maryland, § 5-1607.
(5) 
The identity of the proposed off-site area where existing forested areas not currently protected will be preserved to meet up to 50% of the forested area to be mitigated.
C. 
If the applicant proposes to make a payment in lieu of afforestation or reforestation, the applicant shall demonstrate to the satisfaction of the Department that the requirements for afforestation or reforestation on site or off site, as required in Article VI of this chapter, cannot reasonably be accomplished.
D. 
Nontidal wetlands. A regulated activity within the net tract area that occurs wholly or partly in areas regulated as nontidal wetlands under the Natural Resources Article of the Annotated Code of Maryland, §§ 8-1201 through 8-1211, and COMAR 08.05.04 is subject to both the nontidal wetlands regulatory requirements and the requirements of this chapter, subject to the following:
(1) 
Any area of forest in the net tract area, including forest in nontidal wetlands that is retained, shall be counted toward forest conservation requirements as stated in Article VI of this chapter.
(2) 
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 state regulations 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.
(3) 
Nontidal wetlands and their twenty-five-foot buffers shall be considered to be priority areas for retention and replacement.
(4) 
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.
(5) 
All such areas shall be shown on a site plan drawn to scale and including footprints of all proposed development on the site.
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 tidal and nontidal one-hundred-year floodplain, intermittent and perennial streams and their buffers, steep slopes of over 25%, 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 of Annotated Code of Maryland, §§ 10-2A-01 through 10-2A-09, and COMAR 08.03.08.
D. 
Trees that are a part of an historic site or are associated with an historic structure or have been designated by the state or the Department as a national, state or county champion tree.
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.
F. 
Recommended 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 and incorporated into the Wicomico County Forest Conservation Manual.
A. 
A preliminary forest conservation plan shall be prepared by a licensed forester, a licensed landscape architect or a qualified professional who meets the requirements set forth in COMAR 08.19.06.01B, as determined by the Department of Natural Resources.
B. 
A preliminary forest conservation plan shall:
(1) 
Be submitted with the preliminary plan of any regulated activity.
(2) 
Include the approved forest stand delineation for the site.
(3) 
Include a table that lists the proposed values of the following, in square feet:
(a) 
Net tract area.
(b) 
Area of forest conservation required, including reforestation and afforestation areas as required in Article VI of this chapter.
(c) 
Area of forest conservation that the applicant proposes to provide, including both on-site and off-site areas.
(4) 
Include a clear graphic indication of the forest conservation provided on the site, drawn to scale, showing areas where retention of existing forest or afforestation or reforestation is proposed.
(5) 
In the case of afforestation or reforestation, include a proposed afforestation or reforestation plan.
(6) 
Include a proposed construction timetable showing the sequence of forest conservation procedures.
(7) 
Show the proposed limits of disturbance.
(8) 
Show proposed stockpile areas.
(9) 
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.
(10) 
Include any other information as may be required in the Wicomico County Forest Conservation Manual, or which the Department determines is necessary to implement this chapter.
C. 
The review of the preliminary forest conservation plan shall be concurrent with the review of the preliminary site plan.
D. 
During the different stages of the review process, the preliminary forest conservation plan may be modified, provided that the Department approves of the changes.
E. 
Once a preliminary forest conservation plan has been approved by the Department, a preliminary certificate of compliance may be issued, except that the forest conservation plan may be subject to modification upon final review.
A. 
A final forest conservation plan shall be prepared by a licensed forester, a licensed landscape architect or a qualified professional who meets the requirements set forth in COMAR 08.19.06.01B as determined by the Department of Natural Resources.
B. 
A final forest conservation plan shall:
(1) 
Be submitted for any regulated activity for the following:
(a) 
A building permit.
(b) 
A final project plan or final subdivision plat.
(c) 
An application for a grading permit.
(d) 
An application for a sediment control permit.
(e) 
An application for a stormwater management plan.
(2) 
Include a site plan, drawn to scale, that:
(a) 
Shows proposed locations and types of protective devices to be used during construction activities to protect trees and forests designated for conservation.
(b) 
In the case of afforestation or reforestation, includes the areas of afforestation or reforestation, including a plan with a timetable and description of needed site preparation, species, size and spacing to be used.
(3) 
Incorporate a binding two-year maintenance agreement in compliance with this chapter that details how the areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment, including:
(a) 
Watering.
(b) 
A reinforcement planting provision if survival rates fall below required standards, as provided in the Wicomico County Forest Conservation Manual.
(4) 
Incorporate a long-term binding protective agreement in compliance with this chapter that:
(a) 
Provides protection for areas of forest conservation, including areas of afforestation, reforestation and retention.
(b) 
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.
(5) 
Include the substantive elements required in this chapter, as finalized elements of the forest conservation plan.
(6) 
Include other information the Department determines is necessary to implement this chapter.
C. 
Review period.
(1) 
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 or is incomplete.
(2) 
If the Department fails to notify the applicant within 45 calendar days, the plan shall be treated as complete and approved.
(3) 
The Department may provide for an additional 15 calender days for notification to an applicant when the following extenuating circumstances prevent consideration of the application:
(a) 
Inclement weather conditions;
(b) 
Review required by other state agencies;
(c) 
Review required by local agencies; or
(d) 
Other justifiable extenuating circumstances.
D. 
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, stormwater management plan or sediment control application associated with the project.
E. 
Once a final forest conservation plan has been approved by the Department, together with all other accompanying requirements, the Department shall issue a certificate of compliance. A certificate of compliance may be issued for the entire site or for a phase of a site.
F. 
The Department may revoke an approved forest conservation plan if it finds that:
(1) 
A provision of the plan has been violated;
(2) 
Approval of the plan was obtained through fraud, misrepresentation, a false or misleading statement or omission of a relevant or material fact; or
(3) 
Changes in the development or in the condition of the site necessitate preparation of a new or amended plan.
G. 
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.
H. 
Before revoking approval of a forest conservation plan, the Department shall notify the violator in writing and provide an opportunity for an appeal to the County Board of Appeals.
[Amended 7-6-2004 by Bill No. 2004-6]