[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 6-14-1994 as Subtitle IV of Title 1 of Bill No. 94-8. Amendments
noted where applicable.]
[Amended 5-30-1995 by Bill No. 95-5]
(a)Â
Purpose and intent. Forests
and individual trees greatly contribute to the quality of life in
Worcester County and the health of its natural ecosystems. The purpose
of this Subtitle is to provide for the preservation of existing trees
and forest areas and the planting of trees and the establishment of
new forest areas where appropriate in conjunction with land development
activities within Worcester County. In addition, this Subtitle is
intended to protect and preserve the forest products industry in Worcester
County. This Subtitle complies with the requirements of the State
Forest Conservation Act.[1]
[1]
Editor's Note: See the Natural Resources Article of the Annotated
Code of Maryland, Title 5, Subtitle 16.
(b)Â
Applicability. This Subtitle
shall apply only in the unincorporated areas of the county. The provisions
of this Subtitle shall not apply within the corporate limits of any
municipality within the County, provided that any such municipality
may, by ordinance or resolution duly adopted by its governing body,
adopt this Subtitle as enforceable within such corporate limits and
request that it be enforced therein. In such event, the County Commissioners
may, by resolution, approve such action of the municipality and this
Subtitle shall be in full force and effect within such municipality.
Such ordinance or resolution by the municipality may include amendments
to the Worcester County Forest Conservation Law, provided that such
amendments are approved by the Maryland Department of Natural Resources
and the County Commissioners of Worcester County, Maryland.
(c)Â
Citation. This subtitle
may be cited as the "Worcester County Forest Conservation Law."
[Added 8-8-1995 by Bill No. 95-8]
[Amended 8-8-1995 by Bill No. 95-8; 6-18-2002 by Bill No. 02-7; 1-18-2011 by Bill No. 10-1]
(a)Â
General interpretations. For the purposes of this Subtitle, certain terms or words used herein
shall be interpreted as follows:
(1)Â
The word "person" includes an individual, receiver,
trustee, guardian, executor, administrator, fiduciary, or representative
of any kind, any partnership, firm, association, public or private
corporation, or any other entity or the federal government, the state,
any county, municipal corporation, or other political subdivision
of the state, or any of their units.
(2)Â
The masculine shall include the feminine and the
feminine shall include the masculine.
(3)Â
The present tense includes the future tense.
(4)Â
The singular number includes the plural; the plural
number includes the singular.
(5)Â
The words "shall," "will" or "must" are mandatory;
the words "should" or "may" are permissive.
(6)Â
The word "used" or "occupied" includes the words
"intended, designed or arranged to be used or occupied."
(b)Â
AFFORESTATION
AGRICULTURAL ACTIVITY
APPROVED TIMBER MANAGEMENT PLAN
AQUACULTURE ACTIVITIES
BREAK EVEN POINT
CHAMPION TREE
COASTAL BAYS
COMMERCIAL LOGGING OR TIMBER HARVESTING OPERATIONS
CRITICAL HABITAT AREA
CRITICAL HABITAT FOR ENDANGERED SPECIES
DEPARTMENT
DEVELOPMENT
DEVELOPMENT PROJECT
FOREST
FOREST CONSERVATION MANUAL, WORCESTER COUNTY
FOREST CONSERVATION PLAN
FOREST CONSERVATION WATERSHED
FOREST MITIGATION BANKING
FOREST STAND DELINEATION
GROWING SEASON
LINEAR PROJECT AREA
MUNICIPALITY
NET TRACT AREA
QUALIFIED PROFESSIONAL
REFORESTATION or REFORESTED
STREAM BUFFER
STREAM
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SUBJECT AREA
TREE
WATERSHED
WETLANDS, NONTIDAL
WETLANDS, PRIVATE
WETLANDS, STATE
WETLANDS, TIDAL
WOODLOT MANAGEMENT
Definitions of words and phrases. For the purposes of this Subtitle, the following definitions shall
apply:
The establishment of a forest on an area on which forest
cover has been absent; or planting of open areas which are not presently
in forest cover; or the establishment of a forest according to procedures
set forth in the Worcester County Forest Conservation Manual.
Farming activities, including plowing, tillage, cropping,
installation of best management practices, seeding, cultivating and
harvesting for production of food and fiber products (except commercial
logging and timber harvesting operations), the grazing and raising
of livestock, aquaculture, sod production, orchards, nursery and other
products cultivated as part of a commercial agricultural enterprise.
A document approved by the Maryland Department of Natural
Resources and which operates as a protective agreement for forest
conservation as described in § NR 1-415(g) herein.
The use of land and structures for the farming, hatching,
cultivating, planting, feeding, raising, shedding, harvesting and
culturing of finfish, shellfish, crustaceans, mollusks, amphibians,
reptiles, other aquatic plants or animals, or both, in lakes, streams,
inlets, estuaries, ponds and other natural, artificial or man-made,
enclosed or impounded ponds, waterbodies or water-containing structures.
Cultivation methods include, but are not limited to, seed or larvae
development and growout facilities, fish pens, shellfish floats or
rafts, racks and longlines, seaweed floats and the culture of clams
and oysters on tidelands and subtidal areas.
The point at which the forest conservation requirements can
be met solely through forest retention and no reforestation.
The largest tree of its species within the State of Maryland
as set forth in the Worcester County Forest Conservation Manual.
Includes Assawoman, Isle of Wight, Sinepuxent, Newport and
Chincoteague Bays and their tributaries.
The cutting and removing of trees from a site for commercial
purposes, leaving the root mass intact.
A critical habitat for endangered species and its surrounding
protection area. In order to be considered a critical habitat area,
such area shall be likely to contribute to the long-term survival
of the species; and, be likely to be occupied by the species for the
foreseeable future; and, constitute habitat of the species which is
deemed critical under state law and as appears in the Worcester County
Forest Conservation Manual.
A habitat occupied by an endangered species as determined
or listed under state law and as appears in the Worcester County Forest
Conservation Manual.
The department designated by the County Commissioners to
administer and enforce the local forest conservation program.
The establishment of a principal use of a site; a change
in a principal use of a site; or the improvement or alteration of
a site by the construction, enlargement or relocation of a structure;
the provision of stormwater management or roads; the grading of existing
topography; the clearing or grubbing of existing vegetation; or any
other nonagricultural activity that results in a change in existing
site conditions.
The grading or construction activities occurring on areas
of forty thousand square feet or greater, including any redevelopment.
A biological community dominated by trees covering a land
area of ten thousand square feet or greater. The term "forest" shall
include areas that have at least one hundred trees per acre with at
least fifty percent of those trees having a two-inch or greater diameter
at four and one-half feet above the ground and larger; and forest
areas that have been cut but not cleared. The term "forest" shall
not include orchards.
The Worcester County Forest Conservation Manual as provided
for in § NR 1-421 herein.
A plan approved pursuant to § NR 1-407 herein.
The three forest conservation watersheds are the Northern
Coastal Bays subwatershed (including the Assawoman, Isle of Wight,
Sinepuxent and Newport Bay subwatersheds), the Chincoteague Bay subwatershed
and the Pocomoke River watershed.
The intentional restoration or creation of forests undertaken
expressly for the purpose of providing credits for reforestation requirements
with enhanced environmental benefits from future activities.
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in the Worcester County
Forest Conservation Manual.
For purposes of these regulations, growing season shall be
defined as that period beginning on April 1 and ending on November
1 of any given calendar year.
A project whose configuration is elongated with nearly parallel
sides that is used to transport a utility product or public service
not otherwise contained in an application for subdivision such as
electricity, gas, water, sewer, communications, trains and vehicles.
Linear projects may traverse fee simple properties through defined
boundaries or through easement rights.
A municipal corporation.
The net tract area shall be the total area of a site, including
both forested and unforested areas, to the nearest one-tenth of an
acre reduced by that area where forest clearing is restricted by another
local ordinance or program and by the area of tidal wetlands and existing
waterbodies, except for those properties zoned A-1, A-2 or RP District
as defined in the Worcester County Zoning and Subdivision Control
Article or in linear project areas. In the A-1, A-2 and RP Zoning
Districts, the net tract area shall be the portion of the total subject
area for which land use will be changed or will no longer be used
for primarily agricultural activities reduced by that area where forest
clearing is restricted by another local ordinance or program and by
the area of tidal wetlands and existing waterbodies. For a linear
project, the net tract area shall be reduced by the area of a right-of-way
width, new access roads and storage or by the limits of disturbance
as shown on an application for sediment and erosion control approval
or in a capital improvements program project description.
A person who meets the requirements as set forth in the Worcester
County Forest Conservation Manual and the pertinent requirements of
the Code of Maryland Regulations.
The creation of a biological community dominated by trees
containing at least one hundred trees per acre with at least fifty
percent of those trees having the potential of attaining a two-inch
or greater diameter measured at four and one-half feet above the ground
within seven years. Reforestation includes landscaping of areas under
an approved landscaping plan that establishes a forest that is at
least thirty-five feet wide and covering two thousand five hundred
square feet of area. Reforestation for a linear project which involves
overhead transmission lines may consist of a biological community
dominated by trees and woody shrubs with no minimum height or diameter
criteria.
All lands lying within fifty feet, measured from the top
of each bank of any perennial or intermittent stream.
A stream shown as perennial or intermittent on the most recent
seven-and-five-tenths-minute topographic quadrangle published by the
United States Geological Survey.
Any subdivision of land which creates six or more lots in
total, regardless of size, out of what was a single parcel as of July
25, 1967. A series of separate subdivisions out of the same original
parcel shall be considered a "major subdivision" when the cumulative
effect of such separate subdivisions meet the criteria of a "major
subdivision." For the purposes of this Subtitle a rural cluster subdivision
as defined in § ZS 1-103 hereof shall not be considered
a major subdivision. Any undeveloped lot transferred at any time to
a bona fide conservation entity for the purpose of perpetual protection,
as determined by the Department, shall not be counted as a lot when
determining the number of subdivisions of a property.
Any subdivision which is not a major subdivision as herein
defined and which creates up to but not more than five lots out of
what was a single parcel of land as of July 25, 1967. For the purposes
of this Subtitle a rural cluster subdivision as defined in § ZS
1-103 hereof shall be considered a minor subdivision. Any undeveloped
lot transferred at any time to a bona fide conservation entity for
the purpose of perpetual protection, as determined by the Department,
shall not be counted as a lot when determining the number of subdivisions
of a property.
Property or unit of land subject to an application for a
grading or sediment control permit, subdivision approval, site plan
approval, or areas subject to this Subtitle.
A large, woody plant having one or several self-supporting
stems or trunks and numerous branches that reach a height of at least
twenty feet at maturity.
All land lying within an area described as a sub-basin in
water quality regulations as defined in the Worcester County Forest
Conservation Manual.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support and
that under normal circumstances does support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation." "Nontidal wetlands" are identified
by the most recent federal definition and guidelines for identifying
and delineating jurisdictional wetlands.
Any land not considered "state wetland," bordering on or
lying beneath tidal waters, which is subject to regular or periodic
tidal action and supports aquatic growth. This includes wetlands transferred
by the state by a valid grant, lease, patent or grant confirmed by
Article 5 of the Declaration of Rights of the Constitution to the
extent of the interest transferred.
Any land under the navigable waters of the state below the
mean high tide, affected by the regular rise and fall of the tide.
Wetlands of this category which have been transferred by the state
by a valid grant, lease, patent or grant confirmed by Article 5 of
the Declaration of Rights of the Constitution shall be considered
private wetlands to the extent of the interest transferred.
Include all private and state wetlands as defined herein.
The control of undesirable species through fire, chemical,
mowing or other methods while maintaining the basic criteria or definition
of a forest as specified herein.
(a)Â
Regulated activities. Except as provided in Subsection (b) of this section, this Subtitle shall apply to any public or private subdivision plan or application for site plan approval, or grading or sediment control permit by any person, including a unit of state or local government on areas forty thousand square feet or greater.
(b)Â
Exempted activities. This
Subtitle does not apply to:
(1)Â
Highway construction activities by a government
or by any other person who uses state funding for highway construction
and in compliance with the provisions of state law requiring reforestation
for such activities.
(2)Â
Activities in areas governed by the Chesapeake
and Atlantic Coastal Bays Critical Area Protection Law.
[Amended 1-18-2011 by Bill No. 10-1]
(3)Â
Commercial logging and timber harvesting operations,
including harvesting conducted subject to the state forest conservation
and management program as established in the Tax-Property Article,
Annotated Code of Maryland, that are completed:
(4)Â
Agricultural activities not resulting in a change
in land use category, including agricultural support buildings and
other related structures built using accepted best management practices,
except that a person engaging in an agricultural activity clearing
forty thousand square feet or greater of forest within a one-year
period may not receive an agricultural exemption, unless the person
files a declaration of intent as provided for in § NR 1-403(c)
herein which includes a statement that the landowner or landowner's
agent will practice agriculture on that portion of the property for
five years from the date of the declaration.
(5)Â
The cutting or clearing of public utility rights-of-way
licensed under state law or land for electric generating stations
licensed under state law, if:
(6)Â
Routine maintenance or emergency repairs of public
utility rights-of-way licensed under state law.
(8)Â
A residential activity conducted on a lot of any
size, where such lot is legally existing as of the effective date
of this Subtitle, or on a linear project area, if the activity:
[Amended 6-18-2002 by Bill No. 02-7]
A.Â
Does not result in the cumulative cutting, clearing
or grading of more than twenty thousand square feet of forest.
[Amended 1-18-2011 by Bill No. 10-1]
B.Â
Does not result in the cutting, clearing or grading
of a forest that is subject to the requirements of a previous forest
conservation plan approved under this Subtitle; and
C.Â
Is the subject of a declaration of intent filed
with the department, as provided for in § NR 1-403(c) herein,
stating that the lot or linear project will not be the subject of
a regulated activity within five years of the cutting, clearing or
grading of forest.
(9)Â
An activity, including subdivision, required for
the purpose of constructing a dwelling house intended for the use
of the owner, or child of the owner, if the activity:
[Amended 1-18-2011 by Bill No. 10-1]
A.Â
Does not result in the cutting, clearing or grading
of more than twenty thousand square feet of forest; and
B.Â
Is the subject of a declaration of intent filed
with the Department, as provided for in § NR 1-403(c) hereof,
which states that transfer of ownership may result in a loss of exemption.
(10)Â
Surface mining regulated under state law.
(11)Â
An activity conducted pursuant to a preliminary
plan of subdivision or a grading or sediment control plan approved
before July 1, 1991, or a minor subdivision application for which
a Worcester County Application for Residential/Commercial Site/Soil
Evaluation was submitted prior to July 1, 1991.
(12)Â
An activity conducted pursuant to a planned unit
development that, by December 31, 1991, has obtained initial development
plan approval of Step I in accordance with the Worcester County Zoning
and Subdivision Control Article.
(13)Â
A subdivision for agricultural purposes only,
where the statement "For Agricultural Purposes Only" appears on the
plat.
(14)Â
A boundary line adjustment, provided that there
is no accompanying change in land use, and a statement to that effect
is included on the plat.
(15)Â
A minor or major subdivision where the area of
forested non-tidal wetland, including any regulated buffer, is greater
than or equal to the area of reforestation and afforestation required
under §§ NR 1-408 and NR 1-410 herein.
(16)Â
A minor subdivision for conservation purposes
where the statement "For Conservation Purposes Only" appears on the
plat, and where such new lots are deeded to a legitimate conservation
organization upon recordation of the plat.
(17)Â
Any habitat program approved by the United States
Soil Conservation Service or its successor, the United States Fish
and Wildlife Service, or the Maryland Department of Natural Resources
for such habitat program if the activity:
A.Â
Does not result in the cutting, clearing or grading
of a forest that is subject to the requirements of a previous forest
conservation plan approved under this Subtitle; and
B.Â
Is the subject of a declaration of intent filed
with the department, as provided for in § NR 1-403(c) herein,
stating that the lot will not be the subject of a regulated activity
within five years of the cutting, clearing or grading of forest.
(18)Â
The construction and maintenance of water and
sewage treatment facilities and county landfills by a state, County
or municipal governmental body, provided that the cutting or clearing
of the forest is conducted to minimize the loss of forest and all
forested area cut or cleared over forty thousand square feet in area
shall be replaced at a ratio of one acre planted for each one acre
removed. Priority areas for such reforestation shall be as established
in the Worcester County Forest Conservation Manual.
(19)Â
The construction and maintenance of tax ditches,
drainage ditches, water lines, sewer lines, telephone lines, cable
television lines, natural gas lines, electrical power lines and other
such linear utility lines, provided that the cutting or clearing of
the forest is conducted to minimize the loss of forest. In addition,
for such construction activities, all forested area cut or cleared
over forty thousand square feet in area shall be replaced at a ratio
of one acre planted for each one acre removed. Priority areas for
such reforestation shall be as established in the Worcester County
Forest Conservation Manual.
(20)Â
County road construction activities by the County
Commissioners provided that the cutting or clearing of the forest
is conducted to minimize the loss of forest, and provided that all
forested area cut or cleared over forty thousand square feet in area
is replaced at a ratio of one acre planted for each one acre removed.
Priority areas for such reforestation shall be as established in the
Worcester County Forest Conservation Manual.
(21)Â
Cutting of trees to establish or re-establish
property lines or survey control, using accepted field surveying methods,
including random traverse and cross-sections for topography, provided
that the width of such cutting does not exceed ten feet.
(22)Â
Any activity within the corporate limits of a
municipality in Worcester County which is exempted under a Forest
Conservation Ordinance adopted by the municipality and accepted by
the state, and where the municipality requests administration of its
Forest Conservation Program by the department.
(23)Â
A minor subdivision, in the A-1, A-2 and RP Zoning
Districts as defined in the Worcester County Zoning and Subdivision
Control Article, to create a lot which contains within its boundaries
a building, structure or use of land that required a zoning or building
permit and existed as of July 29, 1994, if the subdivision:
[Amended 8-8-1995 by Ord. No. 95-8; 1-18-2011 by Bill No. 10-1]
(24)Â
The following activity otherwise regulated: Commercial
airports, provided that the cutting or clearing of a forest is conducted
to minimize the loss of forest, and provided that all forested area
cut or cleared over forty thousand square feet in area is replaced
at a ratio of one acre planted for each one acre removed. Priority
areas for such reforestation shall be as established in the Worcester
County Forest Conservation Manual.
[Added 8-8-1995 by Bill No. 95-8]
(25)Â
The cutting or clearing of trees to comply with
the requirements of 14 C.F.R. § 77.25, as from time to time
amended, relating to objects affecting navigable airspace, provided
that the Federal Aviation Administration has determined that the trees
are a hazard to aviation.
[Added 11-6-2001 by Bill No. 01-17]
(c)Â
Declaration of intent.
(1)Â
The purpose of the declaration of intent is to
verify that the proposed activity is exempt under this Subtitle.
(2)Â
A person seeking an exemption under Subsection
1-403(b)(3),(4),(8),(9) or (17) herein shall file a declaration of
intent with the department.
(3)Â
Such declaration of intent shall be effective for
five years.
(4)Â
The existence of a declaration of intent does not
preclude another exempted activity on the property subject to a declaration
of intent, if the activity:
(5)Â
An applicant may apply for a regulated activity
on that area of the property not covered under the declaration of
intent if the requirements of this Subtitle are satisfied.
(6)Â
The declaration of intent shall be a condition
of the building permit and/or on the sediment and erosion control
permit.
(7)Â
Violation of a declaration of intent shall be subject
to enforcement actions specified in § NR 1-418.
Unless specifically exempted under the provisions of § NR
1-403(b) herein, a person making application after the effective date
of this Subtitle for subdivision or site plan approval, a grading
permit, or a sediment control permit for an area of land of forty
thousand square feet or greater shall submit to the department a forest
stand delineation and a forest conservation plan for the subject area
on which the development is located. In addition, such plan shall
incorporate methods approved by the department, as provided in the
Worcester County Forest Conservation Manual, to protect retained forests
and trees during construction.
(a)Â
Generally. In the case of
a minor subdivision not exempted under the provisions of § NR
1-403(b), a simplified forest stand delineation and forest conservation
plan which demonstrates compliance with at least the minimum requirements
for reforestation and afforestation shall be submitted.
(b)Â
Preparation. The simplified
forest stand delineation and forest conservation plan shall be prepared
by a licensed surveyor, licensed forester, licensed landscape architect
or other qualified professional.
(c)Â
General requirements. A
simplified forest stand delineation and forest conservation plan shall:
(1)Â
Be submitted with the minor subdivision plat application
and shall be incorporated within the minor subdivision plat.
(2)Â
Include on the subdivision plat a delineation of
the area of existing forest within the proposed subdivision.
(3)Â
Show the planned limits of disturbance.
(4)Â
Include a table that lists, in approximate square
feet:
(5)Â
Include a clear graphic indication of the forest
conservation to be provided on the site, showing areas where retention
of existing forest, reforestation or afforestation is planned.
(6)Â
If reforestation or afforestation is proposed by
natural regeneration, include a clear graphic indication of the area
proposed for on-site reforestation or afforestation. Priority areas
for such reforestation or afforestation shall be in accordance with
the provisions specified in the Forest Conservation Manual.
(7)Â
If reforestation or afforestation is proposed by
means other than on-site natural regeneration, include a reforestation
or afforestation plan prepared by a licensed forester, licensed landscape
architect or other qualified professional. Such plan shall include
a clear graphic indication of the area proposed for reforestation
or afforestation, a description of the site, site preparation methods,
species, size and spacing of planting stock, and any other information
required by the Worcester County Forest Conservation Manual. Such
plans shall also include a timetable for planting and a schedule for
completion to assure that all required afforestation or reforestation
occurs as required by § NR 1-410 herein.
(8)Â
Incorporate the details of all anticipated perpetual
protective agreements to provide protection for areas of forest conservation,
including areas of afforestation, reforestation, and retention by
means of conservation easements, deed restrictions, covenants, timber
management plans, forest conservation and management agreements or
other similar devices to provide preservation at all times, as described
in the Worcester County Forest Conservation Manual. These restrictions
shall be noted on the minor subdivision plat and deeds, and shall
be in effect at all times.
(9)Â
Off-site afforestation or reforestation, as established
in § 1-412 herein or payment to the Forest Conservation
Fund, as established in § 1-413 herein, in lieu of required
afforestation and reforestation shall be acceptable alternatives to
such afforestation or reforestation. Such choice of alternative shall
be at the discretion of the applicant and shall not require approval
of the Board of Zoning Appeals notwithstanding any other provision
of this Subtitle.
[Amended 8-8-1995 by Bill No. 95-8]
(d)Â
Review procedure. Within
fifteen days after receipt of the simplified forest stand delineation
and forest conservation plan, the department shall inform the applicant
of the results of its review and any required changes. The applicant
may submit a revised simplified forest stand delineation and forest
conservation plan incorporating required changes.
(e)Â
Approval required prior to recordation. All simplified forest stand delineations and forest conservation
plans shall be approved by the department before a minor subdivision
plat may be recorded.
(f)Â
Approval required prior to development. If a simplified forest stand delineation and forest conservation
plan is required by this Subtitle, a person may not cut, clear or
grade until the department has approved the plan.
(g)Â
Plan alterations. The simplified
forest conservation plan cannot be altered without approval from the
department.
(h)Â
Stop work orders and plan revocations. The department may issue a stop work order or may revoke an approved
simplified forest conservation plan if it finds that:
(1)Â
Any provision of the plan has been violated;
(2)Â
Approval of the plan was obtained through fraud,
misrepresentation, a false or misleading statement or omission of
a relevant or material fact;
(3)Â
Changes in the development or in the condition
of the site necessitate preparation of a new or amended plan; or
(4)Â
Approval of the simplified forest stand delineation
is revoked.
(i)Â
Notice of revocation. Prior
to revoking approval of a forest conservation plan, the department
shall notify the owner and/or developer in writing and provide an
opportunity for a presentation of evidence before the department.
A stop work order shall be issued for the site until the issue of
revocation has been finally resolved.
(a)Â
Submission required. A forest
stand delineation shall be submitted at the initial stages of subdivision
or site plan approval, or before a grading and sediment control permit
application is submitted for the subject area being developed.
(b)Â
Preparation. The delineation
shall be prepared by a licensed forester, licensed landscape architect
or other qualified professional.
(c)Â
Information required. The delineation shall be used during the preliminary review process to determine the most suitable and practical areas for forest conservation subject to Subsections (d) and (e) of this section and shall contain the following components for the entire site:
[Amended 6-18-2002 by Bill No. 02-7]
(1)Â
A topographic map delineating the limits of tidal
wetlands, intermittent and perennial streams and steep slopes over
twenty-five percent;
(2)Â
A soils map delineating soils with structural limitations,
hydric soils or soils with a soil K value greater than 0.35 on slopes
of fifteen percent or more;
(3)Â
Forest stand maps indicating community groups,
location and size of trees and showing dominant and codominant forest
types;
(4)Â
Location of one-hundred-year floodplains as shown
on the United States Department of Housing and Urban Development,
Federal Insurance Administration, Flood Insurance Rate Maps for Worcester
County;
(5)Â
Information required by the Worcester County Forest
Conservation Manual; and
(6)Â
Other information the department determines is
necessary to implement this Subtitle.
(d)Â
Substitution. A concept plat or plan, preliminary plat or plan, sediment and erosion control plan, site plan, or other appropriate document, verified by a site visit if appropriate, may substitute for the forest stand delineation required by Subsection (c) hereof if:
[Added 6-18-2002 by Bill No. 02-7[1]]
(e)Â
Review by department.
(1)Â
Within thirty calendar days after receipt of the
forest stand delineation, the department shall notify the applicant
whether the forest stand delineation is approved, or whether additional
information is required. Upon receipt of such additional information,
the department shall have thirty calendar days to approve the forest
stand delineation.
(2)Â
If the department fails to notify the applicant
within thirty days, the delineation shall be treated as approved.
(3)Â
The department may require further information
or provide for an additional fifteen calendar days under extenuating
circumstances.
(f)Â
Approval required. A forest
stand delineation must be approved by the department. The approved
forest stand delineation shall remain in effect for a period of five
years.
(a)Â
Submission required. After
approval of the forest stand delineation, a forest conservation plan
shall be submitted. Such forest conservation plan shall be submitted
with the first of the following applications for development plan
approval:
(b)Â
Preparation. The forest
conservation plan shall be prepared and signed by a licensed forester,
licensed landscape architect or other qualified professional.
(c)Â
Information required. The
forest conservation plan shall include the following elements:
(1)Â
An approved forest stand delineation according
to the criteria established in the Worcester County Forest Conservation
Manual and § NR 1-406 of this Subtitle.
(2)Â
A map of the site drawn at the same scale as the
grading or subdivision plan.
(4)Â
For any forested areas which cannot be retained,
demonstrate:
A.Â
How techniques for forest retention have been exhausted;
B.Â
Why priority forest and priority areas specified
in the Worcester County Forest Conservation Manual cannot be left
in an undisturbed condition;
C.Â
If priority forest and priority areas cannot be
left undisturbed, how the afforestation or reforestation will be carried
out in compliance with this Subtitle;
D.Â
Where on the site in priority areas afforestation
or reforestation is proposed; and
E.Â
Where off the site in priority areas afforestation
or reforestation is proposed.
(5)Â
A clear graphic indication of the forest conservation
to be provided on the site, showing areas where retention of existing
forest, reforestation or afforestation is planned.
(6)Â
A construction timetable showing the sequence for
tree conservation procedures which will allow for sufficient protection
of trees prior to or during any construction, clearing or grading.
(7)Â
A reforestation plan with a timetable for planting,
a description of the site, site preparation methods, species, size
and spacing of planting stock, and any other information required
by the Worcester County Forest Conservation Manual.
(8)Â
An afforestation plan, if required, with a timetable
for planting, description of the site, site preparation methods, species,
size and spacing of planting stock, and any other information required
by the Worcester County Forest Conservation Manual.
(9)Â
Show locations and types of protective devices
to be used during construction activities to protect trees and areas
of forest designated for conservation.
(10)Â
Show the planned limits of disturbance, including
any forest disturbance reasonably anticipated as a result of future
development within the subject area.
(11)Â
Show planned stockpile areas.
(12)Â
Incorporate a schedule for completion to assure
that all required afforestation and reforestation occurs as required
by §§ NR 1-408 and NR 1-410 herein.
(13)Â
Incorporate the details of a short term management
agreement to be in effect for two full growing seasons, describing
how the areas designated for afforestation and reforestation will
be maintained to ensure protection and satisfactory establishment,
including:
A.Â
Watering;
B.Â
Reinforcement planting provision if survival rates
fall below required standards, as set forth in the Worcester County
Forest Conservation Manual;
C.Â
Provisions for access by the department to the afforestation
or reforestation site; and
D.Â
Such guaranty as required in § NR 1-415
herein.
(14)Â
Incorporate the details of all anticipated perpetual
protective agreements to provide protection for areas of forest conservation,
including areas of afforestation, reforestation, and retention by
means of conservation easements, deed restrictions, covenants, timber
management plans, forest conservation and management agreements or
other similar devices to provide preservation at all times, as described
in the Worcester County Forest Conservation Manual. These restrictions
shall be noted on the record plat and deeds, and shall be in effect
at all times.
(15)Â
Incorporate details of any timber management plans
in place or expected to be utilized in all areas of retention, reforestation
or afforestation.
(16)Â
Whenever the afforestation or reforestation is
to occur off-site, the person required to conduct such planting shall
provide the department:
(17)Â
All forest conservation plans shall be submitted in an electronic
geographic information system or computer-aided design format tied
to the Maryland State Plane coordinates.
[Added 1-18-2011 by Bill No. 10-1]
(d)Â
Review and approval by department. Within forty-five calendar days after receipt of the forest conservation
plan, the department shall notify the applicant by mail whether the
plan is approved or disapproved. The department may extend the deadline
with the approval of the applicant. Such notification shall be effective
upon mailing. All forest stand delineations and forest conservation
plans must be approved by the department before a preliminary subdivision
plan or site plan is approved by the Planning Commission.
(e)Â
Revocation of permit. The
county may refuse to issue or may revoke a building permit, zoning
permit or stormwater management permit for any property found to be
in non-compliance with this Subtitle.
(f)Â
Approval required. If a
forest conservation plan is required by this Subtitle, a person may
not cut, clear or grade until the department has approved the plan.
(g)Â
Alteration of plan. The
forest conservation plan cannot be altered without approval from the
department.
(h)Â
Stop work order and revocation. The department may issue a stop work order or may revoke an approved
forest conservation plan. Prior to revoking approval of a forest conservation
plan, the department shall notify the owner and/or developer in writing
and provide an opportunity for a presentation of evidence before the
department. A stop work order shall be issued for the site until the
issue of revocation has been finally resolved. Such stop work order
or revocation shall be issued by the department if it finds that:
(1)Â
Any provision of the plan has been violated;
(2)Â
Approval of the plan was obtained through fraud,
misrepresentation, a false or misleading statement or omission of
a relevant or material fact;
(3)Â
Changes in the development or in the condition
of the site necessitate preparation of a new or amended plan; or
(4)Â
Approval of the forest stand delineation is revoked.
(a)Â
Afforestation requirement. Unless specifically exempted under the provisions of § NR
1-403(b) herein, a person making application after the effective date
of this Subtitle for subdivision or site plan approval, a grading
permit or a sediment control permit for an area of land of forty thousand
square feet or greater, shall:
(1)Â
Conduct afforestation on the lot or parcel in accordance
with the following:
[Amended 1-18-2011 by Bill No. 10-1]
A.Â
A subject area having less than twenty percent of
the net tract area in forest cover shall be afforested up to at least
twenty percent of the net tract area in the following zoning districts
as specified in the Worcester County Zoning Ordinance:
B.Â
A subject area having less than fifteen percent of its net tract
area in forest cover shall be afforested up to at least fifteen percent
of the net tract area in the following zoning districts as specified
in the Worcester County Zoning Ordinance:
(2)Â
Comply with the following when cutting into forest
cover that is currently below the afforestation percentages described
in §§ NR 1-408(a)(1)A and B herein:
A.Â
The required afforestation level shall be determined
by the amount of forest existing before cutting or clearing begins;
and
B.Â
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.
(b)Â
Afforestation standards. Standards for afforestation shall be as set forth in the Worcester
County Forest Conservation Manual.
(a)Â
Retention priorities. The
following trees, shrubs, plants, and specific areas shall be considered
priorities for retention and protection and shall be left in an undisturbed
condition, with the exception of general woodlot management, 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:
[Amended 8-8-1995 by Bill No. 95-8; 6-18-2002 by Bill No. 02-7; 1-18-2011 by Bill No. 10-1]
(1)Â
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 their buffers, and critical habitats.
(2)Â
Forest communities located in sensitive areas,
including the one-hundred-year floodplain, intermittent and perennial
streams and their buffers, steep slopes, nontidal wetlands and their
buffers and critical habitats;
(3)Â
Contiguous forest that connects the largest undeveloped
or most vegetated areas of land within and adjacent to the site;
(4)Â
Forest communities containing species identified
on the list of rare, threatened, and endangered species of the United
States Fish and Wildlife Service or the Maryland Department of Natural
Resources;
(6)Â
Any tree, in healthy condition, having a diameter
measured at four and one-half feet above the ground of:
A.Â
Thirty inches or more; or
B.Â
Seventy-five percent or more of the diameter, measured
at four and one-half feet above the ground, of the current State Champion
Tree of that species as designated by the Maryland Department of Natural
Resources and listed in the Worcester County Forest Conservation Manual.
(b)Â
Standards for protecting trees from
construction activities. Before cutting, clearing, grading
or construction begins on a site for which a forest conservation plan
is required by these regulations, the applicant shall employ protective
devices as defined and described in the Worcester County Forest Conservation
Manual to protect retained trees and forest areas from construction
activities.
(a)Â
Reforestation requirements. Forest cover cleared, including any forest disturbance reasonably
anticipated as a result of future development within the subject area,
shall be reforested in accordance with the following requirements.
[Amended 1-18-2011 by Bill No. 10-1]
(1)Â
In the A-1, A-2 or RP Zoning Districts as established
in the Worcester County Zoning Ordinance one-quarter acre shall be
planted for each acre cleared, provided that at least fifty percent
of the net tract area remains in forest cover. For any clearing which
results in a reduction in forest cover to below fifty percent of the
net tract area, reforestation shall then be required at the rate of
two acres planted for each acre cleared.
(2)Â
In the E-1 Zoning District as established in the
Worcester County Zoning Ordinance one-quarter acre shall be planted
for each acre cleared, provided that at least twenty-five percent
of the net tract area remains in forest cover. For any clearing which
results in a reduction in forest cover to below twenty-five percent
of the net tract area, reforestation shall be required at the rate
of two acres planted for each acre cleared.
(3)Â
In the R-1, R-2, R-3, R-4, V-1, or CA Zoning Districts
as established in the Worcester County Zoning Ordinance one-quarter
acre shall be planted for each acre cleared, provided that at least
twenty percent of the net tract area remains in forest cover. For
any clearing which results in a reduction in forest cover to below
twenty percent of the net tract area, reforestation shall then be
required at the rate of two acres planted for each acre cleared.
(4)Â
In the C-1, C-2, C-3, I-1, I-2 or CM Zoning Districts
as established in the Worcester County Zoning Ordinance one-quarter
acre shall be planted for each acre cleared, provided that at least
fifteen percent of the net tract area remains in forest cover. For
any clearing which results in a reduction in forest cover to below
fifteen percent of the net tract area, reforestation shall then be
required at the rate of two acres planted for each acre cleared.
(5)Â
In the RPC Residential Planned Community Floating
Zone as established in the Worcester County Zoning Ordinance one-quarter
acre shall be planted for each acre cleared, provided that at least
fifteen percent of the net tract area remains in forest cover. For
any clearing which results in a reduction in forest cover to below
fifteen percent of the net tract area, reforestation shall then be
required at the rate of two acres planted for each acre cleared.
(b)Â
Reforestation credits. There
shall be a credit, measured against the reforestation requirement,
of one acre for each forested acre retained above the percentages
specified in this section.
Unless an exception or adjustment is granted pursuant to § NR
1-416 herein, any required afforestation or reforestation shall occur
on the subject area in accordance with the provisions specified in
the Forest Conservation Manual with regard to priorities and preferred
sequence.
(a)Â
Exception required. A person
required to afforest or reforest may apply for an exception or adjustment
pursuant to § NR 1-416 herein to allow for any or all required
afforestation or reforestation to be accomplished on an alternate
site. Any such off-site afforestation or reforestation shall be in
accordance with the provisions specified in the Forest Conservation
Manual with regard to priorities and preferred sequence.
(b)Â
Criteria for alternate site. The Board of Zoning Appeals may approve an alternate site with consideration
to the proximity to the subject area, the land use in the vicinity
of the alternate site, the existing forest cover on the alternate
site, and such other matters as the Board of Zoning Appeals may determine
to be appropriate. Off-site mitigation areas can include stream buffers
which must be a minimum one hundred feet in width.
(c)Â
Special conditions. In granting
an exception for an off-site afforestation or reforestation the Board
of Zoning Appeals may impose such conditions as they determine necessary
and appropriate to carry out the purpose and intent of this Subtitle.
(d)Â
Forest mitigation banking. To be eligible for forest mitigation banking, persons subject to
this subtitle must demonstrate to the department's satisfaction that
on-site or other off-site afforestation or reforestation requirements
cannot reasonably be met. To meet their obligations under this subtitle,
such persons may purchase credits from an approved forest mitigation
bank. Credits from forest mitigation banks shall only be issued in
increments of one-tenth of an acre. The credits shall be debited from
an approved forest mitigation bank prior to the issuance of a sediment
and erosion control permit.
[Added 6-18-2002 by Bill No. 02-7]
(1)Â
A forest mitigation bank may be created from which
applicants may purchase credits to meet the afforestation or reforestation
requirements of this subsection. Prior to approval of the forest mitigation
bank by the department, it must be demonstrated that the proposed
forest mitigation bank meets the following criteria:
A.Â
The proposed forest mitigation bank site shall possess
all of the following characteristics:
1.Â
Shall be at least one acre in size and at least
fifty feet in width;
2.Â
Shall be located outside of a designated Priority
Funding Area; and
3.Â
Shall be located within the same forest conservation
watershed as any land use activity which seeks to purchase a credit
from the forest mitigation bank site.
B.Â
The proposed forest mitigation bank site shall possess
at least one of the following desired characteristics:
1.Â
Located along a coastal bay or a perennial or intermittent
stream;
2.Â
Adjacent to and joined with an existing forested
area of at least fifty acres in size;
3.Â
Designated as being within a state or County greenway
node or corridor;
4.Â
Located within a one-hundred-year floodplain;
5.Â
Located within the C-1 Conservation District as
defined by § ZS 1-108 of the Worcester County Zoning Ordinance
and as shown on the official Zoning Maps; or
6.Â
Wetlands comprise no more than twenty-five percent
of the site.
(2)Â
Forest mitigation banks must be planted and maintained
in accordance with the most current Worcester County Forest Conservation
Law and Forest Conservation Manual, and in accordance with the approved
forest mitigation bank agreement and in accordance with the following
additional requirements:
A.Â
Tree species shall be native to Worcester County
and selected from a list of approved species as set forth in the Worcester
County Forest Conservation Manual;
B.Â
Natural regeneration (secondary succession) is permitted,
provided that a seed source exists;
C.Â
Loblolly pine shall comprise no more than eighty-five
percent of the total planting and at least four species of trees shall
be planted; and
D.Â
Plantings shall be viable and established for a
minimum of two years before forest mitigation banking credits may
be transferred.
(3)Â
Applicants seeking approval by the department to
create a forest mitigation bank site shall submit the following to
the department:
A.Â
A completed forest mitigation bank application form.
B.Â
A forest mitigation bank plan containing all of
the following information:
1.Â
A site vicinity map.
2.Â
A simplified forest stand delineation that meets
the requirements of § NR 1-405 hereof.
4.Â
A maintenance agreement for a period of at least
two years, describing how the areas designated for afforestation or
reforestation will be maintained to ensure protection and satisfactory
establishment, including:
i.Â
Watering;
ii.Â
Reinforcement planting provision if survival rates
fall below required standards, as set forth in the Worcester County
Forest Conservation Manual;
iii.Â
Provisions for access by the department to the
afforestation or reforestation site; and
iv.Â
Such guaranty as required by § NR 1-415
hereof.
5.Â
A copy of the property's deed.
6.Â
Title information demonstrating the ability to enter
into a forest mitigation banking easement and to provide sufficient
access to the property for inspection purposes.
7.Â
A description of a forest mitigation bank credit
exchange tracking system.
(4)Â
The owner of the proposed forest mitigation bank
site and the County shall enter into a forest mitigation banking agreement
that includes:
A.Â
The approved afforestation or reforestation plan;
B.Â
A system for marking and tracking debited portions
of the bank; and
C.Â
An easement, deed restriction or covenant which
requires the subject land to remain forested in perpetuity and to
be used in a manner consistent with forest conservation as described
in the Worcester County Forest Conservation Manual; and
D.Â
A statement that the bank may not debit any portion
of the forested land until at least two years of successful growth
has been achieved unless:
(a)Â
Forest Conservation Fund. The County Commissioners shall establish, by resolution, a Forest
Conservation Fund, which shall be managed in accordance with the County
Financial Management Rules. Payments made to the fund shall be used
only for the purpose authorized by this Subtitle and may not revert
to the general fund of the county.
(b)Â
Exception required. A person
required to afforest or reforest may apply for an exception or adjustment
pursuant to § NR 1-416 herein to allow for payment to the
Forest Conservation Fund in lieu of any or all required acres of afforestation
or reforestation.
(c)Â
Amount of payment. If a
person subject to this ordinance demonstrates to the satisfaction
of the Department that requirements for reforestation or afforestation
on-site or off-site cannot be reasonably accomplished and appropriate
credits generated by a forest mitigation bank in the County or the
same watershed are not available, the person shall contribute money
into the Forest Conservation Fund. Such payment must be received by
the County Commissioners prior to recordation of a subdivision plat,
approval of a site plan, or issuance of a grading permit or sediment
control permit for the subject area. The payment will be calculated
as follows:
[Amended 6-16-2020 by Bill No. 20-4]
(1)Â
For a project inside a priority funding area, as defined in
Natural Resources Article § 5-1610, Annotated Code of Maryland,
as from time to time amended, at a rate of 30.5 cents per square foot
of the area of required planting, which may be adjusted for inflation
as determined by annual state regulation; or
(2)Â
For a project outside a priority funding area, at a rate that
is twenty percent higher than the rate set under § NR 1-413(c)(1)
hereof, of the area of required planting.
(d)Â
Use of payments.
[Amended 1-18-2011by Bill No. 10-1; 6-16-2020 by Bill No. 20-4]
(1)Â
All payments made to the Forest Conservation Fund pursuant to
this section shall be used by the County Commissioners only on the
costs directly related to reforestation and afforestation projects,
including site acquisition and preparation, maintenance of existing
forests and achieving urban canopy goals. However no more than ten
percent of said payments may be used for the purchase of equipment
necessary to accomplish reforestation and afforestation.
(2)Â
The Department must accomplish the reforestation or afforestation
for the equivalent number of acres for which the money is deposited
within two years or three growing seasons, whichever is a greater
time period, after the receipt of the money. Any portion that has
not been used to meet the afforestation or reforestation requirements
shall be returned to the person who provided the money.
(e)Â
Project location. The County
Commissioners shall determine suitable and desirable reforestation
and afforestation project sites which may include existing or planned
county park land.
[Amended 6-18-2002 by Bill No. 02-7]
(a)Â
Tree species and planting techniques. Tree species used for afforestation or reforestation shall be native
to Worcester County and selected from a list of approved species as
set forth in the Worcester County Forest Conservation Manual. Planting
techniques and maintenance of trees planted shall be as established
in the Worcester County Forest Conservation Manual.
(b)Â
Hierarchy of priorities for location. The hierarchy of priorities for location of afforestation and reforestation
areas is as follows:
A.Â
Of highest priority shall be those areas within
fifty feet of the mean high tide line of the coastal bays and their
tributaries and within fifty feet of tidal wetlands.
B.Â
Of second priority shall be those areas within fifty
feet of nontidal wetlands and intermittent and perennial streams;
those areas within one-hundred-year floodplains, steep slopes, and
critical habitats; those areas suitable to establish or enhance corridors
(three hundred feet in width if practical) to connect existing forests;
and those areas suitable to increase the size of existing forests.
C.Â
Of third priority are areas within land use buffers.
D.Â
Of lowest priority are other areas as determined
by the department.
(c)Â
Street trees. Street trees
may be used in a municipal corporation with a tree management plan,
in an existing population center designated in the County Master Plan,
or in any other designated area approved by the department as part
of a local program. Such use of street trees shall be in accordance
with criteria established by the local program and subject to the
approval of the department. Street trees are a permissible step in
the preferred sequence for afforestation or reforestation and, based
on a mature canopy coverage, may result in the granting of full credit
as a mitigation technique.
(d)Â
Off-site protective easements. Acquisition of an off-site protective easement for existing forested areas as specified in Subsection (b) hereof and not currently protected, may be used as a mitigation technique, in which case the afforestation or reforestation credit granted may not exceed fifty percent of the area of the forest cover protected.
(a)Â
Required.
(1)Â
Any person other than a federal, state or county
agency required to reforest or afforest under this Subtitle shall
enter into a short term management agreement with the County Commissioners
requiring adherence to a short term management plan for the afforested
or reforested area for two full growing seasons from the date of planting.
The plan shall be prepared in accordance with the Worcester County
Forest Conservation Manual and shall be a part of the forest conservation
plan provided by the person reforesting or afforesting. The short
term management agreement as well as completion of reforestation or
afforestation in accordance with the approved forest conservation
plan shall be bonded to the County Commissioners.
(2)Â
Any person required to retain, afforest or reforest
under this Subtitle shall enter into a perpetual protective agreement
for the forest with the County Commissioners.
(b)Â
General requirements of agreement. Approved forest conservation plans shall constitute binding agreements
between the County Commissioners and the developer. Short term management
agreements and perpetual protective agreements shall be in a form
approved by the department and shall be signed, witnessed and acknowledged
before a notary public. Perpetual protective agreements shall be recorded
among the Land Records, and short term management agreements may be
recorded among the Land Records at the option of the department. Any
person entering into a short term management agreement or perpetual
protective agreement must have the legal authority to enter into such
agreement and shall provide the department with such evidence of title,
lienholders and authority as the department may reasonably require.
Any lien holders shall subordinate their liens to the agreement, it
being the intent that agreements shall constitute a valid binding
encumbrance upon the real property described therein and run with
the land.
(c)Â
Procedures. The department
shall establish such procedures for agreements and bonding as the
department may determine necessary in order to carry out the intent
of this section.
(d)Â
Bonding requirements. Completion
of work required under an approved forest conservation plan and every
short term management agreement shall be secured by a bond to the
County Commissioners in accordance with this subsection.
(1)Â
The agreement shall include a description of the
bond which secures it.
(2)Â
Only cash, bank deposits in federally insured institutions
and letters of credit issued by federally insured institutions approved
by the County Commissioners, shall be accepted as security for bonds.
No corporate surety or property bonds may be accepted.
(3)Â
Every bond shall be in the amount of one hundred
twenty percent of the estimated cost of the afforestation or reforestation
and management thereof as set forth in the forest conservation plan
and described in the short term management agreement. The estimated
cost shall be determined by the department based upon the plan, Forest
Conservation Manual, current prices and any such data provided by
the applicant. Bond amounts shall be divided into two amounts, one
for the completion of the forest conservation plan and one for the
short term management agreement.
[Amended 3-15-2011 by Bill No. 11-1]
(4)Â
Bonds shall be on forms approved by the department.
(e)Â
Bond reductions and release.
(1)Â
Partial release may be requested after reforestation
or afforestation upon the following schedule.
A.Â
For vegetation planted between January 1 and May
15, a partial release of up to fifty percent of the bond may be granted
by the County Commissioners after September 15 of that year.
B.Â
For vegetation planted between May 16 and June 30,
a partial release of up to fifty percent of the bond may be granted
by the County Commissioners after June 1 of the following year.
C.Â
For vegetation planted between July 1 and December
31, a partial release of up to fifty percent of the bond may be granted
by the County Commissioners after September 15 of the following year.
(2)Â
Upon satisfactory completion of the short term
management agreement the bond shall be released.
(3)Â
Requests for bond reduction or release shall be
in writing directed to the department and shall be approved or disapproved
by the County Commissioners after recommendation by the department.
(f)Â
Forfeiture of bond. In the
event of a failure to complete or violation of a forest conservation
plan or short term management agreement the bond may be forfeited
in whole or in part by the County Commissioners after recommendation
of the department. The County Commissioners shall provide the person
failing to complete or in violation of the forest conservation plan
or short term management agreement with an opportunity to be heard
prior to forfeiture upon not less than fifteen days written notice.
Bond proceeds may be used by the County Commissioners to correct or
complete the work required by the forest conservation plan or short
term management agreement.
(g)Â
Perpetual protective agreements.
(1)Â
Any person required to retain, reforest or afforest
shall enter into a perpetual protective agreement to ensure that the
forest retained or planted shall be protected against clearing.
(2)Â
The department may accept as a protective agreement
any one of the following which, in the determination of the County
Commissioners, ensures compliance with the intent of this Subtitle.
A.Â
State Forest Conservation Management Agreement as
established in the Tax Property Article of the Annotated Code of Maryland.
B.Â
Any forest or tree conservation program or reforestation
program established under the Natural Resources Article of the Annotated
Code of Maryland.
C.Â
An agreement in a form required by the County Commissioners.
(h)Â
Right of entry. Forest conservation
plans, short term management agreements and perpetual protective agreements
shall include such rights of entry and easements to ensure compliance
therewith and with this Subtitle as the County Commissioners may reasonably
require.
(a)Â
Power to grant.
(1)Â
The Board of Zoning Appeals may grant, upon specific
appeal, such adjustments of and exceptions to the requirements of
this Subtitle as will not be contrary to the purposes hereof, where,
owing to special or unique conditions, a literal enforcement of the
provisions of this Subtitle would result in unnecessary hardship.
An adjustment of or exception to the terms of this Subtitle shall
not be granted unless the applicant has demonstrated each of the following:
A.Â
Specifically how the unwarranted hardship would
be caused;
B.Â
How enforcement of this Subtitle will deprive the
applicant of rights commonly enjoyed by others;
C.Â
How the case, which is subject to the appeal, is
unique and what special conditions apply;
D.Â
How the intent of the Subtitle will be satisfied;
and
E.Â
How the adjustment or exception may not adversely
affect water quality.
(2)Â
The exception or adjustment may not be based upon
conditions or circumstances which are a result of actions of the applicant.
The condition or circumstances for which the adjustment or exception
is granted shall not be one that would be reasonably addressed under
legislation of general applicability consistent with the intent of
this Subtitle. The Board of Zoning Appeals may not exempt any person
from the requirements for a short term management or perpetual protective
agreement.
(3)Â
The Board of Zoning Appeals may, if all of the
above criteria are met, grant an adjustment or exception to allow
a payment in lieu of retention, reforestation or afforestation in
accordance with the provisions of § NR 1-413 of this Subtitle.
(b)Â
Findings. The Board of Zoning
Appeals shall make specific findings in each case for adjustment or
exception.
(c)Â
Procedure.
(1)Â
Request for adjustment or exception shall be in
writing, signed by the applicant and shall be heard by the Board of
Zoning Appeals after at least fifteen days notice. The Maryland Department
of Natural Resources shall be entitled to such notice and to intervene
in any application for an adjustment or exception.
(2)Â
Applications for adjustment or exception shall
be made upon such forms as the department shall provide and shall
provide in specificity the adjustment or exception requested and the
reasons therefor.
(3)Â
Any application for an adjustment or exception
shall include a copy of the forest stand delineation for the subject
area.
The department, or its agent, may conduct such inspections as
it may from time to time determine appropriate to ensure compliance
with this Subtitle. Any person required to comply with a declaration
of intent, forest conservation plan or simplified forest conservation
plan shall be deemed to have granted such rights of access as may
be reasonably required to perform such inspection.
(a)Â
Civil infraction. Violations
of the provisions of this Subtitle or failure to comply with any of
its requirements shall constitute a civil infraction.
(b)Â
Who may be considered violator. The owner or lessee of any parcel of land or part thereof, and any
architect, builder, contractor, agent or other person who commits,
participates in, assists in or maintains such violation, may each
be found guilty of a separate offense and suffer the penalties herein
provided.
(c)Â
Declarations of intent.
(1)Â
Any person found in non-compliance with a declaration
of intent or who conducts a regulated activity on an area covered
by a declaration of intent within five years of the effective date
of such declaration of intent may result in loss of exemption and
may be subject to the provisions of this Subtitle with regard to afforestation
and reforestation. In addition, such person shall be subject to other
enforcement action specified in this section. In its determination
of appropriate enforcement action, the department may consider whether
such violation of a declaration of intent is a knowing violation of
this Subtitle.
(2)Â
Notwithstanding any other provision of this section,
the department shall require a person failing to file a declaration
of intent prior to proceeding with an activity which would otherwise
have been exempt upon filing of such declaration of intent to be subject
to a stop work order issued by the department and file a declaration
of intent prior to continuation of any such activity. Where such person
fails to comply with a stop work order or fails to file a declaration
of intent, the department may proceed with additional enforcement
actions as specified in this section.
(d)Â
Revocations. Nothing herein
contained shall prevent the county from revoking any permit, adjustment
or exception, or plan approval from the offender or from taking such
other lawful action as is necessary to prevent or remedy any violation
of this title.
(e)Â
Stop work order. The department
may issue a stop work order against a person who violates a provision
of this ordinance or a regulation, order, approved forest conservation
plan, or maintenance agreement. The department may also seek an injunction
requiring the person to cease violation of these regulations and take
corrective action to restore or reforest an area.
(f)Â
Order of court. To the maximum
extent reasonable, the court shall order the violation corrected and
may issue such additional orders as the court may deem appropriate
to safeguard against future violations of this Subtitle.
(g)Â
Additional penalties. In
the case of the admission of or conviction on a civil infraction issued
for the unlawful clearing of forest cover, the department shall assess
a penalty of thirty cents per square foot for any forest cover unlawfully
cleared. The assessment shall be levied against the property owner
of the land so cleared. Failure of the property owner to pay the assessed
penalty within ninety days of the date of the assessment shall result
in the assessment becoming a lien on said property in the same manner
as property taxes. The penalty shall be paid to the county and shall
be deposited in the Forest Conservation Fund.
(h)Â
Notification. Within fifteen
days of the commencement of any enforcement action the Department
shall notify the Maryland Department of Natural Resources of the alleged
infraction and the enforcement action undertaken.
[Added 1-18-2011 by Bill No. 10-1]
(a)Â
Appeal to Board of Zoning Appeals. Any person subject to the provisions of this Subtitle who alleges
that there is an error in the application of the law (but not in discretionary
judgment), in any order, requirement, decision or determination made
by the department in the administration or enforcement of this Subtitle
with respect to any application or project of said person may appeal
the order, requirement or decision to the Board of Zoning Appeals.
The appeal shall be made on such forms and with such fee as determined
by the County Commissioners.
(b)Â
Appeals to court. Any person
with standing aggrieved by any decision of the Board of Zoning Appeals
on appeal of a departmental action under this Subtitle may appeal
the same to the Circuit Court of the county in accordance with the
Maryland Rules of Procedure.
This Subtitle may be amended as required, however all amendments
to this Subtitle are subject to the approval of the Maryland Department
of Natural Resources.
[Amended 1-18-2011 by Bill No. 10-1]
With the approval of the Maryland Department of Natural Resources,
the County Commissioners may adopt by resolution a local Forest Conservation
Manual to assist in the implementation of the forest conservation
program. In the event the County Commissioners do not officially adopt
a local Forest Conservation Manual, the State Forest Conservation
Technical Manual, Third Edition, 1997, as from time to time amended,
shall serve as the Worcester County Forest Conservation Manual.