Sec. 08.19.04.03. 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 Resources Article, §5-1607(c)(1), Annotated Code of Maryland, are not being retained:

(a) If priority forests and priority areas cannot be left undisturbed, how the sequence for afforestation or reforestation will be followed in compliance with Natural Resources Article, §5-1607(a), Annotated Code of Maryland;

(b) Where on the site in the priority areas the afforestation or reforestation will occur in compliance with Natural Resources Article, §5-1607, Annotated Code of Maryland; and

(c) How the standards for meeting afforestation or reforestation requirements in Natural Resources Article, §5-1607(b)(1) or (3) will be followed; and

(3) How the disturbance to the priority forests and priority areas specified in Natural Resources Article, §5-1607(c)(2), Annotated Code of Maryland, qualifies for a variance in accordance with Regulation .10 of this chapter.

C. The applicant shall demonstrate to the satisfaction of the Department that the requirements of afforestation or reforestation onsite or offsite cannot be reasonably accomplished if the applicant proposes to purchase credits from a forest mitigation bank, or make a payment into the forest conservation fund instead of afforestation or reforestation.

D. The demonstration required by §§B and C of this regulation shall contain:

(1) A statement addressing the requirement in §§B and C of this regulation, signed by the applicant, and appended to or on the forest conservation plan map; and

(2) Certification by the preparer of the forest conservation plan.

E. Nontidal Wetlands. A regulated activity within the net tract area that occurs wholly or partly in areas regulated as nontidal wetlands under Environment Article, Title 9, Annotated Code of Maryland, is subject to both the nontidal wetlands regulatory requirements and the requirements of this subtitle, subject to the following:

(1) Any area of forest in the net tract area, including forest in nontidal wetlands that is retained shall be counted towards forest conservation requirements under this subtitle;

(2) Any forested nontidal wetland permitted to be cut or cleared and required to be mitigated under Environment Article, Title 9, Annotated Code of Maryland, shall be shown on the forest conservation plan and subtracted on an acre-for-acre basis from the total amount of forest to be cut or cleared as part of a regulated activity, for the purpose of calculating reforestation mitigation under this subtitle;

(3) Nontidal wetlands shall be considered to be priority areas for retention and replacement;

(4) Forested nontidal wetland identification and delineation should be included at the earliest stage of planning to assist the applicant in avoidance and reduction of impacts to the nontidal wetlands.

F. Retention Areas.

(1) If the requirements of §B of this regulation are satisfactorily demonstrated and additional retention area is required, then additional retention areas may be located by the applicant according to an evaluation of forest stands for water quality, wildlife habitat, or other objectives as determined in the recommendations in the approved forest stand delineation. The areas shall be identified on the forest conservation plan with the appropriate objective.

(2) If the forest stand delineation recommendations include preserving trees which are not priority for retention as stated in Natural Resources Article, §5-1607(c), Annotated Code of Maryland, these trees may be designated for protection and retention credit only if:

(a) All priority areas are protected in retention areas;

(b) A minimum 10,000 square foot protection zone is specified; and

(c) All critical root zone area is included in the protection area.

(3) Retained trees, shrubs, or plants may be incorporated into afforestation and reforestation plans.