§ 33-3-112. MANAGEMENT REQUIREMENTS FOR FOREST BUFFERS.

(a)

In general.

(1)

The forest buffer, including wetlands and riverine floodplains, shall be managed to enhance and maximize the unique value of these resources.

(2)

Management includes specific limitations on alteration of the natural conditions of these resources.

(b)

Prohibited practices.

(1)

The practices and activities that are restricted within the forest buffer under paragraph (2) of this subsection, are restricted except as provided for:

(i)

Forest harvesting operations that are implementing a forest management plan approved by the Department, the State Department of Natural Resources, the County Forest Conservancy District Board, or the County Soil Conservation District;

(ii)

Surface mining operations that are operating in compliance with a state surface mining permit; and

(iii)

Agricultural operations in accordance with a soil conservation and water quality plan approved by the County Soil Conservation District.

(2)

(i)

The following practices and activities are restricted within the forest buffer.

(ii)

Except as provided in subsection (c) of this section, the existing vegetation within the forest buffer may not be disturbed, including disturbance by tree removal, shrub removal, clearing, mowing, burning, spraying, and grazing.

(iii)

Soil disturbance may not take place within the forest buffer by grading, stripping of topsoil, plowing, cultivating, or other practices.

(iv)

Filling or dumping may not occur within the forest buffer.

(v)

Except as authorized by the Department, the forest buffer may not be drained by ditching, underdrains, or other drainage systems.

(vi)

Pesticides may not be stored, used, or applied within the forest buffer, except for the spot spraying of noxious weeds consistent with the recommendations of the University of Maryland Cooperative Extension Service.

(vii)

Animals may not be housed, grazed, or otherwise maintained within the forest buffer.

(viii)

Motorized vehicles may not be stored or operated within the forest buffer, except for maintenance and emergency use approved by the Department.

(ix)

Materials may not be stored within the forest buffer.

(c)

Authorized structures, practices, and activities.

(1)

The following structures, practices, and activities are permitted in the forest buffer.

(2)

(i)

Roads, bridges, trails, storm drainage, stormwater management devices and practices, and utilities approved by the Department are authorized within the forest buffer provided that an alternatives analysis has clearly demonstrated that no other feasible alternative exists and that minimal disturbance will take place.

(ii)

The alternatives analysis shall be submitted to the Department in accordance with § 33-3-106 of this title.

(iii)

These structures shall be located, designed, constructed, and maintained to:

1.

Provide maximum erosion protection;

2.

Have the least adverse effects on wildlife, aquatic life, and their habitats; and

3.

Maintain hydrologic processes and water quality.

(iv)

Following any disturbance, the impacted area shall be restored.

(3)

Stream restoration projects, facilities, and activities approved by the Department are authorized within the forest buffer.

(4)

Scientific studies approved by the Department, including water quality monitoring and stream gauging, are authorized within the forest buffer.

(5)

Horticulture practices may be used to maintain the health of individual trees in the forest buffer.

(6)

Individual trees in the forest buffer that are in danger of falling, causing damage to dwellings or other structures, or causing the blockage of streams may be removed.

(7)

Other timber cutting techniques approved by the Department may be undertaken within the forest buffer under the advice and guidance of the State Departments of Agriculture and Natural Resources, if necessary to preserve the forest from extensive pest infestation, disease infestation, or threat from fire.

(1988 Code, § 14-342) (Bill No. 224, 1990, § 1, 1-1-1991; Bill No. 94-02, § 2, 7-1-2004)