(a) In this subtitle the following words have the meanings indicated. (b) “Afforestation” means the establishment of a tree cover on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover. (c) “Agricultural activity” means farming activities including plowing, tillage, cropping, installation of […]
(a) Except as provided in subsection (b) of this section, this subtitle shall apply to any public or private subdivision plan or application for a grading or sediment control permit by any person, including a unit of State or local government on areas 40,000 square feet or greater. (b) The provisions of this subtitle do not apply […]
(a) (1) A unit of local government having planning and zoning authority shall develop a local forest conservation program, consistent with the intent, requirements, and standards of this subtitle. (2) By April 30, 1992 all units of government with planning and zoning authority shall submit a proposed forest conservation program, which meets or is more stringent than the […]
(a) Except as provided in subsection (b)(2) and (3) of this section, after December 31, 1992, or after the date on which a local program has been adopted under § 5-1603 of this subtitle, whichever occurs first, a person making application for subdivision or grading or sediment control permits on areas greater than 40,000 square feet […]
(a) Upon receipt of notice that the forest stand delineation is complete and correct, the applicant shall submit to the State or local authority a proposed forest conservation plan for the site. (b) The forest conservation plan shall be developed by a licensed forester, licensed landscape architect, or other qualified professionals that may be approved by the […]
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
(a) (1) The enforcement provisions in this section and § 5–1608 of this subtitle are in lieu of any other provision in this title. (2) In addition to the enforcement authority granted the Department, the enforcement provisions of this section may be exercised by any local authority that has adopted a forest conservation program, in addition to any […]
On or before September 30 of each year, the Department shall submit, subject to § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee a statewide report, compiled from local authorities’ reports to the Department, on: (1) The number, location, and type of […]
