If existing forest on the site subject to a forest conservation plan
cannot be retained, the applicant shall demonstrate 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.
How the disturbance to the priority forests and priority areas specified
in Natural Resources Article § 5-1607(c)(2), Annotated Code
of Maryland qualifies for a variance.
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 local forest conservation fund instead
of afforestation or reforestation.
For the purposes of delineation, permitting, and mitigation, areas
determined to be nontidal wetlands under COMAR 08.05.04 shall be regulated
under COMAR 08.05.04 or this chapter, whichever is more stringent.
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.
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;
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;
A simplified preliminary forest conservation plan may be submitted for an area if a simplified forest stand delineation has been submitted and approved by the Department under Article V, § 216-8D of this chapter.
A final 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 08.91.06.01B.
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 § 216-10B(2), (3), (4) and (5) of this article, as finalized elements of the forest conservation plan; and
Show proposed locations and types of protective devices to be used
during construction activities to protect trees and forests designated
for conservation;
Location, size and species of replacement trees at a ratio of
two trees planted per one tree removed for trees 10 to 23 inches in
caliper. Trees 24 inches in caliper or greater shall be replaced at
a ratio of four trees planted per one removed.
Within 45 calendar days after receipt of the final forest conservation
plan, the Department shall notify the applicant whether the forest
conservation plan is approved or list deficiencies.
Resubmission of the final forest conservation plan will be required
to correct any list of deficiencies. The final forest conservation
plan will not be approved until all listed deficiencies have been
corrected to the satisfaction of the Department.
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.
If a forest conservation plan is required pursuant to this chapter,
a person may not cut, clear or grade, in any way, the development
site until the Department has approved the final forest conservation
plan.
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.