Section 5-1606 – Afforestation; Forest Conservation Thresholds
(a) (1) For the following land use categories, tracts having less than 20% of the net tract area in forest cover shall be afforested up to 20% of the net tract area: (i) Agriculture and resource areas; and (ii) Medium density residential areas. (2) For the following land use categories, tracts having less than 15% of the net tract area […]
Section 5-1607 – Preferred Sequence for Afforestation and Reforestation; Priorities; Provisions Developed by Local Government; Placement of Forested, Afforested, or Reforested Land
(a) The preferred sequence for afforestation and reforestation shall be established by the State or local authority in accordance with the following after all techniques for retaining existing forest cover on–site have been exhausted: (1) Those techniques that enhance existing forest and involve selective clearing or supplemental planting on–site; (2) On–site afforestation or reforestation may be utilized where […]
Section 5-1608 – Review of Forest Conservation Plan Concurrent With State or Local Review for Subdivision Plan, Grading or Sediment Control Permits
(a) The review of the forest conservation plan shall be concurrent with the review process of the State or local authority for the subdivision plan, or the grading or sediment control permit, whichever may be submitted first. (b) Before the approval of the final subdivision plan, or the issuance of the grading or sediment control permit by […]
Section 5-1609 – Regulations; Guidance Manuals; Forest Resource Inventory
(a) (1) By December 31, 1991, the Department, after consulting with local government and the real estate development, building, and environmental communities, shall adopt regulations, including the development of guidance manuals to: (i) Implement this subtitle and set requirements and standards which establish: 1. Standards of performance required in forest stand delineations and forest conservation plans including the submittal […]
Section 5-1610 – Forest Conservation Fund; Local Forest Conservation Fund
(a) (1) In this section the following words have the meanings indicated. (2) “Fund” means the Forest Conservation Fund. (3) “Priority funding area” has the meaning stated in § 5–7B–02 of the State Finance and Procurement Article. (b) There is a Forest Conservation Fund in the Department. (c) Except as provided in subsection (h) of this section, if any person subject […]
Section 5-1610.1 – Forest Mitigation Banks
(a) The Department shall develop standards and adopt regulations for the creation and use of forest mitigation banks, including criteria for tracking, crediting, maintaining, bonding, and reporting mitigation bank activities. (b) A local jurisdiction may develop procedures for establishing forest mitigation banks as part of its forest conservation program. (c) Mitigation banks may be permitted only in priority […]
Section 5-1611 – Variances
(a) In the preparation of the State or local forest conservation programs, the State and local authorities shall provide for the granting of variances to the requirements of this subtitle, where owing to special features of a site or other circumstances, implementation of this subtitle would result in unwarranted hardship to an applicant. (b) Variance procedures adopted […]
Section 5-1503 – Acquisition of Conservation Easements
(a) The Department may acquire a conservation easement or a fee simple or other interest in any land described under § 5-1502 of this subtitle. (b) The Department shall establish criteria for acquisition of conservation easements and of fee simple and other interests in lands, including a priority system that considers: (1) The ecological uniqueness of the land; […]
Section 5-1504 – Management of Land or Interest in Land Acquired
(a) The Department shall manage land or interests in land acquired under this subtitle to ensure: (1) The continued existence of any unique ecological features; (2) The continued survival of any rare, threatened, or endangered plant or animal; (3) The protection of forestlands and wetlands, although timber harvesting may be allowed under an approved forest conservation plan; and (4) The […]
Section 5-1218 – Private Property Not to Be Acquired Without Consent of Owner
Property may not be acquired under Part II of this subtitle without the consent of the property owner.