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Charles County, MD
 
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Table of Contents
Table of Contents
Code
New Laws (11) Index
A. 
Noncompliance contribution rates.
(1) 
A person found to be in noncompliance with this chapter, regulations adopted under this chapter, the forest conservation plan or the associated two-year maintenance agreement shall, according to state law, be assessed by the Department the required contribution of $0.30 per square foot of the area found to be in noncompliance with required forest conservation.
(2) 
Money collected under Subsection A(1) shall be deposited in a separate account in the Forest Conservation Fund as required by § 298-18 of this chapter, and may be used by the Department for purposes related to implementing and enforcing this chapter.
B. 
Violations.
(1) 
In addition to the provisions under Subsection A of this section, a person who violates a provision of this chapter or a regulation or order adopted or issued under this chapter is liable for a civil monetary penalty not to exceed $1,000, which may be recovered in a civil action brought by the Department.
(2) 
Each day a violation continues is a separate violation.
C. 
The Department may seek an injunction requiring the person to cease violation of this chapter and take corrective action to restore or reforest an area.
D. 
Charles County may also adopt the enforcement provisions under COMAR 08.19.06.03.
E. 
The Department may revoke an approved forest conservation plan for cause, including violation of conditions of the plan, obtaining a plan approval by misrepresentation, failing to disclose a relevant or material fact or change in conditions. The Department shall notify the violator, in writing, and provide an opportunity for a hearing.
F. 
The Department may issue a stop-work order against any person who violates any provision of this chapter or of any regulation, order, approved plan or management agreement.
On or before March 31 of each year, the Department shall submit to the Senate Economic and Environmental Affairs Committee and the House Environmental Matters Committee a report on:
A. 
The number, location and type of projects subject to the provisions of this chapter.
B. 
The amount and location of acres cleared, conserved and planted in connection with a development project.
C. 
The amount of reforestation and afforestation fees and noncompliance penalties collected and expended.
D. 
The costs of implementing the Forest Conservation Program.
The Department shall submit the necessary documentation to comply with COMAR 08.19.02.04.
If any part of this chapter or the Maryland Forest Conservation Technical Manual is declared invalid, the remainder of the chapter shall not be affected and shall remain in force.
The County Commissioners may amend this chapter from time to time, as may be necessary, after conducting a public hearing. Prior to the adoption of an amendment, the County Commissioners shall provide notice of the proposed changes to the Department of Natural Resources at least 30 days prior to the public hearing.
A. 
This chapter is hereby adopted on July 13, 2004, and effective August 27, 2004.
B. 
This chapter will apply to applications filed after the effective date of the chapter. Project applications currently under review have two years from the effective date of this chapter to be approved. Applications not approved within two years of the effective date of this chapter will be deemed void and new application under the most current ordinance will be required.