§ 33-2-404. BUFFER MITIGATION FUND.

(a)

Establishment.

(1)

There is a Buffer Mitigation Fund.

(2)

The fund shall consist of:

(i)

Subject to paragraph (3) of this subsection, monetary compensation paid under this subtitle by an applicant who demonstrates to the Department of Environmental Protection and Sustainability that requirements for buffer mitigation cannot be met;

(ii)

Other monies that may be appropriated to the fund by the County Council; and

(iii)

Interest accrued to the fund.

(3)

(i)

The Department of Environmental Protection and Sustainability may accept monetary compensation only if it determines that buffer mitigation requirements cannot be reasonably accomplished onsite or offsite.

(ii)

Monetary compensation may not be a substitute for buffer mitigation that can be reasonably accomplished.

(4)

Monetary compensation paid by an applicant under this section shall be paid before the approval of a project plan, a grading permit, or a building permit, as determined by the Department of Environmental Protection and Sustainability.

(b)

Use of fund.

(1)

The buffer mitigation fund may be used to implement:

(i)

Water quality protection or restoration measures;

(ii)

Habitat protection or restoration measures; or

(iii)

Capital projects administered under the county's waterway improvement program.

(2)

Monies credited and interest accrued to the Fund:

(i)

Shall remain available until expended; and

(ii)

May not revert to the general fund under any other provision of law.

(1988 Code, § 26-449) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 8-96, § 4, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)