§ 33-6-108. GENERAL REQUIREMENTS FOR FOREST CONSERVATION PLANS.

(a)

Priority to techniques for retaining existing forest. In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest onsite.

(b)

Nonretention. If existing forest onsite that is subject to a forest conservation plan cannot be retained, the applicant shall demonstrate to the satisfaction of the Department:

(1)

How techniques for forest retention have been investigated;

(2)

Why the priority forests and priority areas specified in § 5-1607(c) of the Natural Resources Article of the Annotated Code of Maryland cannot be left in an undisturbed condition;

(3)

If priority forests and priority areas cannot be left undisturbed, how the afforestation or reforestation will be carried out in compliance with this title; and

(4)

Where onsite in priority areas afforestation or reforestation will occur in compliance with this title.

(c)

Payment into fund — Nonretention. If the applicant has demonstrated to the satisfaction of the Department that the requirements for forest retention onsite have been investigated, the applicant may propose to make a payment into the Baltimore County Forest Conservation Fund instead of afforestation or reforestation.

(d)

Same — Impervious area. If the applicant is proposing to redevelop an existing impervious area outside of any forest buffer which would be required by this article, the applicant may propose to make a payment into the Baltimore County Forest Conservation Fund instead of afforestation.

(e)

Net tract area requirements. A regulated activity within the net tract area that occurs wholly or partly in areas regulated as nontidal wetlands under Title 5, Subtitle 9 of the Environment Article of the Annotated Code of Maryland and COMAR 26.23.04 is subject to both the nontidal wetlands regulatory requirements and the requirements of this title, subject to the following:

(1)

Any area of forest in the net tract area, including forest in nontidal wetlands that is retained, shall be counted toward forest conservation requirements under this title;

(2)

For the purpose of calculating reforestation mitigation under this title, a forested nontidal wetland permitted to be cut or cleared and required to be mitigated under COMAR 26.23.04 shall be shown on the forest conservation plan and subtracted on an acre for acre basis from the total amount of forest to be cut or cleared as part of a regulated activity;

(3)

Nontidal wetlands shall be considered to be priority areas for retention and replacement; and

(4)

Forested nontidal wetland identification and delineation should be included at the earliest stage of planning to assist the applicant in avoidance and reduction of impacts to the nontidal wetlands and to avoid delay in the approval process.

(1988 Code, § 14-407) (Bill No. 224, 1992, § 1, 1-19-1993; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004)