§ 33-6-107. FOREST STAND DELINEATION.

(a)

Submittal.

(1)

A forest stand delineation shall be submitted and reviewed with the concept plan in accordance with and subject to § 32-4-211 of the Code.

(2)

A forest stand delineation for all other regulated activities shall be submitted at the initial stages of the project plan review process.

(3)

The Department shall review the forest stand delineation for all other regulated activities within 45 days after receipt of the forest stand delineation.

(b)

Use. The forest stand delineation shall:

(1)

Be used during the preliminary review process to determine the most suitable and practical areas for forest conservation; and

(2)

Contain the following components:

(i)

A topographic map delineating intermittent and perennial streams and steep slopes over 25%;

(ii)

A soils map delineating soils with structural limitations, hydric soils, or soils with a soil erodibility K value greater than 0.24 on slopes of 10% or more;

(iii)

Forest stand maps indicating species, location, and size of trees and showing dominant and co-dominant forest types;

(iv)

Location of riverine floodplains;

(v)

Information required by the Forest Conservation Technical Manual; and

(vi)

Other information required by this title.

(c)

Simplified forest stand delineation.

(1)

If approved by the Department, a simplified forest stand delineation may be submitted for an area:

(i)

When no forest cover is disturbed during a construction activity; and

(ii)

When the area is designated to be under a long term protective agreement.

(2)

The Department shall consider a simplified forest stand delineation complete if it includes:

(i)

All requirements under subsection (b)(2)(i), (ii), (iv) and (v) of this section;

(ii)

A map showing existing forest cover as verified by field inspection; and

(iii)

Other information required by this title.

(d)

Effective period. An approved forest stand delineation may remain in effect for a period not longer than 5 years.

(e)

Preliminary forest conservation plan. In addition to the forest stand delineation, elements in § 33-6-109(a)(2) and (3) of the preliminary forest conservation plan shall be submitted with the concept plan in accordance with Article 32 of the Code.

(1988 Code, § 14-406) (Bill No. 224, 1992, § 1, 1-19-1993; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004)