§ 33-2-405. TREE OR VEGETATION CLEARING.

(a)

Prohibited. Except as provided in subsection (b) of this section, the cutting or clearing of trees is prohibited in the buffer.

(b)

Exceptions.

(1)

(i)

Subject to subparagraph (ii) of this paragraph, commercial harvesting of trees by selection may be allowed to within 50 feet of:

1.

The landward edge of the mean high-water line of tidal waters and streams; or

2.

The edge of tidal wetlands.

(ii)

Harvesting under this paragraph may not occur:

1.

In a habitat protection area; and

2.

Unless the harvesting is conducted in conformance with a buffer management plan that is:

A.

Prepared by a licensed forester; and

B.

Approved by the Department of Environmental Protection and Sustainability and the forestry programs of the State Department of Natural Resources.

(iii)

The buffer management plan is required for all commercial harvests in the buffer, regardless of the size of the area to be harvested, and:

1.

Shall avoid disturbance to nontidal wetlands and associated buffers, stream banks, and shorelines;

2.

Shall prohibit clearcutting in the buffer;

3.

Shall require the disturbed or harvested area to be replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife and reestablishes the wildlife corridor function of the buffer; and

4.

May not create logging roads and skid trails in the buffer.

(2)

The cutting of trees or removal of natural vegetation may be allowed in the buffer, if:

(i)

Necessary to:

1.

Provide access to private piers; or

2.

Install or construct shore erosion protection works or a water-dependent facility; and

(ii)

All necessary county, state, or federal permits have been obtained.

(3)

Individual trees in the buffer may be privately harvested, if:

(i)

The private harvesting does not impair water quality, existing habitat value, or other functions of the buffer as specified under COMAR 27.01.09.01B; and

(ii)

Each tree harvested is replaced on an equal basis.

(4)

An individual tree in the buffer may be removed if the tree is in danger of falling and:

(i)

Causing damage to dwellings or other structures; or

(ii)

Blocking streams or causing accelerated shore erosion.

(5)

Horticultural practices may be used to maintain the health of individual trees.

(6)

(i)

Other cutting techniques may be used in the buffer if necessary to preserve the forest from:

1.

Extensive pest or disease infestation; or

2.

The threat of fire.

(ii)

Cutting under this paragraph shall only occur with the advice and guidance of the Department of Environmental Protection and Sustainability and the State Departments of Agriculture and Natural Resources.

(1988 Code, §§ 14-262, 26-450) (Bill No. 50-93, 1993, § 2, 7-10-1993; Bill No. 10-96, § 2, 3-23-1996; Bill No. 20-00, § 1, 3-24-2000; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 41, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)