Sec. 08.19.05.02. Long-Term Protective Agreements

A. An applicant under the State or local program shall have in effect at all times approved long-term protective measures as provided for in Natural Resources Article, §5-1607, Annotated Code of Maryland, to retain as forest all land forested, afforested, or reforested under this subtitle. A local program shall contain provisions for long-term protective measures including, but not limited to, §B of this regulation.

B. Approved Forest Management Plan.

(1) Procedure for Approval.

(a) The forest management plan:

(i) Shall be legally binding from the date of approval;

(ii) Shall be prepared by a licensed professional forester;

(iii) Shall be submitted to the Department's forester assigned to the county where the property is located; and

(iv) May be amended periodically, as provided for in §B(2) of this regulation.

(b) The Department's forester shall review the plan to ensure that it is complete and consistent with the State or local program.

(c) The Department shall notify the local authority and the applicant if the forest management plan is approved.

(2) Procedure for Amendment of an Approved Forest Management Plan.

(a) An approved forest management plan may be amended if there is a change in site conditions or landowner objectives.

(b) Amendments shall be prepared by a licensed professional forester.

(c) The amendment shall be submitted to the Department's forester assigned to the county where the property is located.

(d) The forester shall review the amendment to ensure that it is complete and consistent with the State or local program.

(e) The Department shall notify the local authority and the applicant if the amendment is approved.

(f) The applicant shall sign the amendment.

C. Forest Conservation and Management Agreement.

(1) An applicant may satisfy the requirement for long-term protection under Natural Resources Article, §5-1607(e), Annotated Code of Maryland, by executing and maintaining a Forest Conservation and Management Agreement, as provided in Tax-Property Article, §8-211, Annotated Code of Maryland, and COMAR 08.07.03.

(2) This agreement shall provide for notification to the approving authority on its termination by the property owner.

D. Other Legally Binding Protective Agreements.

(1) Other legally binding protective agreements include:

(a) Covenants running with the land;

(b) Deed restrictions;

(c) Conservation easements; and

(d) Land trusts.

(2) Other legally binding agreements shall provide:

(a) Protection for land forested, afforested, or reforested under Natural Resources Article, §§5-1601-5-1612, Annotated Code of Maryland, and this subtitle; and

(b) Limitation on the uses of forest to those that are consistent with forest conservation.

(3) Within 30 days of execution, an applicant shall record a legally binding protective agreement under this section in the local land record office in the county where the project is located.

E. An applicant may include in a forest conservation plan another long-term protective measure if the applicant demonstrates to the satisfaction of the Department that the measure will provide for the long-term protection of the areas retained, afforested, or reforested under this subtitle.

F. Procedure for a Timber Harvesting Plan.

(1) An individual may harvest timber on forested, reforested, or afforested areas protected under an approved forest conservation plan provided that the harvest:

(a) Is consistent with the intent of an approved forest management plan, forest conservation management agreement, or other long-term protective agreement;

(b) Is subject to a timber harvest plan:

(i) Prepared by a licensed professional forester,

(ii) Submitted to the local forest conservancy district board for review and approval, and

(iii) That remains in effect for 2 years; and

(c) Is consistent with the intent and requirements of the approved forest conservation plan.

(2) The local forest conservancy district board shall notify the individual whether the timber harvest plan under §F(1) of this regulation has been approved.