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08.19.04.00.htm 08.19.04.00. Title 08 DEPARTMENT OF NATURAL RESOURCES Subtitle 19 FOREST CONSERVATION Chapter 04 State Forest Conservation Program Authority: Natural Resources Article, §1-104 and 5-1601―5-1612; State Government Article, §10-206; Annotated Code of Maryland
08.19.04.01.htm 08.19.04.01. 01 Application.. A. Development Activities. The following development projects or development activities on areas 40,000 square feet or greater shall be subject to this chapter's provisions:1) On or after July 1, 1992, any construction, grading, or sediment control activity, or subdivision or project plan by a:a) State agency, except for an activity regulated under Natural Resources Article, §5-103; or. b) Unit of county government, municipal corporation, or other political sub
08.19.04.02.htm 08.19.04.02. 02 Forest Stand Delineation Submittal Procedures.. A. The Department shall:. 1) Review an application for a forest stand delineation to determine whether it is complete and correct; and2) Acknowledge receipt of the application in writing by regular mail.. B. The Department shall consider a forest stand delineation application complete if the application contains all of the following information:1) A site vicinity map showing the location of the site in relation to othe
08.19.04.03.htm 08.19.04.03. 03 General Forest Conservation Plan Provisions.. A. In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest on the site.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 retention have been exhausted;. 2) Why the priority forests and priority areas specified in Natural Resourc
08.19.04.04.htm 08.19.04.04. 04 Preliminary Forest Conservation Plan Submittal Procedures.. A. A preliminary forest conservation plan shall:. 1) Be prepared by a licensed Maryland forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01A; and2) Exhibit a stamp or certification of the preparer.. B. The Department shall:. 1) Review an application for preliminary forest conservation plan approval to determine whether it is complete and correct; a
08.19.04.05.htm 08.19.04.05. 05 Final Forest Conservation Plan Submittal Procedures.. A. A final forest conservation plan shall:. 1) Be prepared by a licensed Maryland forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01A; and2) Exhibit a stamp or certification of the preparer.. B. The Department shall:. 1) Review an application for final forest conservation plan approval to determine whether it is complete and correct; and
08.19.04.06.htm 08.19.04.06. 06 State Procedures for Minor Development Projects.. A. An applicant may file the forest stand delineation and the forest conservation plan in a single submittal, if the following requirements are met:1) The activity is a minor development project as defined in COMAR 08.19.01.03B(29) and. 2) The submittal includes an application form provided by the Department.. B. The Department shall:. 1) Provide a simplified application form for the concurrent submission of a
08.19.04.07.htm 08.19.04.07. 07 Afforestation and Retention.. A. A person subject to this subtitle making application for subdivision approval, project plan approval, grading permit, or sediment control permit shall:1) Conduct afforestation on the lot or parcel in accordance with the following:. a) A tract having less than 20 percent of the net tract area in forest cover shall be afforested up to 20 percent of the net tract area for the following land use categories:i) Agriculture and resource areas; and.
08.19.04.08.htm 08.19.04.08. 08 Reforestation.. A. Forest conservation thresholds are established for each land use category, as provided in §B of this regulation. The forest conservation threshold is the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for each acre removed above the threshold to a ratio of 2 acres planted for each acre removed below the threshold.B. After reasonable efforts to minimize the cutting or clearing of forests
08.19.04.09.htm 08.19.04.09. 09 State Forest Conservation Fund.. A. Payments by an applicant made instead of afforestation or reforestation shall be used only for the costs associated with reforestation and afforestation, including site identification, acquisition, preparation, maintenance of existing forests, and achieving urban canopy goals.B. Fines collected from persons found to be in noncompliance with their declaration of intent, forest conservation plan or the associated 2-year maint
08.19.04.09-1.htm 08.19.04.09-1. 09-1 State Forest Mitigation Banks.. A. A person may create a forest mitigation bank from which applicants may purchase credits by afforesting or reforesting an area of land in accordance with a forest mitigation bank plan which has been approved by the Department.B. The area of land on which the bank is planted shall be a minimum of 1 acre.. C. A forest mitigation bank shall use native plants for afforestation and reforestation, unless inappropriate.
08.19.04.10.htm 08.19.04.10. 10 Variance.. A. An applicant may request a variance from this subtitle or the requirements of Natural Resources Article, §5-1601―5-1612, Annotated Code of Maryland, if the applicant demonstrates that enforcement would result in unwarranted hardship to the applicant.B. An applicant for a variance shall:. 1) Describe the special conditions peculiar to the property which would cause the unwarranted hardship;2) Describe how enforcement of these rules will deprive the applicant of ri
08.19.04.11.htm 08.19.04.11. 11 Public Notice.. A. The Department shall issue a public notice of an opportunity to submit written comments or to request a public hearing after the Department has determined that applications for the following are complete:1) Forest conservation plan; or. 2) Submittal of a minor development project application.. B. The public notice shall contain:. 1) The name and address of the applicant;. 2) A description of the nature and location of the proposed activity;.
08.19.04.12.htm 08.19.04.12. 12 Public Information Hearing.. A. An interested person may request in writing a public information hearing.. B. If requested, a public information hearing shall be held on a forest conservation plan or a minor subdivision plan application within 45 days of the expiration date specified in the public notice. After setting the date, time, and place for the hearing, the Department shall mail a hearing notice only to those persons on the interested persons liC. The Department may ext
08.19.04.13.htm 08.19.04.13. 13 Approval Decision and Appeal.. A. Approval Decision.. 1) After the closing date for receipt of written comments and after a public information hearing, if a hearing has been requested, the Department shall:a) Consider the written comments, testimony, and other information received; and. b) Afford the applicant an opportunity to provide additional information to address concerns raised in written comments or testimony.2) The Department may request additional informati
08.19.04.14.htm 08.19.04.14. 14 Inspections.. A. The State shall conduct at least three field inspections of a site subject to an approved forest conservation plan as follows:1) The first inspection shall take place before a construction activity begins to determine whether forest protection measures have been installed and conservation areas are clearly marked onsite;2) The second inspection shall take place following completion of all construction activities to determine the level of compl
08.19.04.9999.htm 08.19.04.9999. Administrative History Effective date: January 20, 1992 (19:1 Md. R. 24). Regulation .01 amended effective November 2, 2009 (36:22 Md. R. 1723). Regulation .01A amended effective March 14, 2005 (32:5 Md. R. 579). Regulations .02F, .04A, and .05A amended effective November 22, 1993 (20:23 Md. R. 1803). Regulation .02 repealed and new Regulation .02 adopted effective July 1, 1996 (23:13 Md. R. 941).
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