§ 33-6-110. FINAL FOREST CONSERVATION PLAN.

(a)

Required provisions. A final forest conservation plan shall:

(1)

Be reviewed and approved by the Department;

(2)

Show proposed locations and types of protective devices to be used during construction activities to protect trees and forests designated for conservation;

(3)

In the case of afforestation or reforestation, include an afforestation or reforestation planting plan, with a timetable and description of needed site and soil preparation, species, size, and spacing to be used;

(4)

Incorporate a binding 3-year forest establishment and maintenance agreement specified in COMAR 08.19.05.01 that details how the areas designated for afforestation or reforestation will be established and maintained to ensure protection and satisfactory establishment, including:

(i)

Watering;

(ii)

Suppression of competition; and

(iii)

A reinforcement planting provision if survival rates fall below required standards, as provided in the Forest Conservation Technical Manual;

(5)

Incorporate a long-term binding protective agreement as specified in COMAR 08.19.05.02 that:

(i)

Provides protection for areas of forest conservation, including areas of afforestation, reforestation, and retention; and

(ii)

Limits uses in areas of forest conservation to those uses that are designated and consistent with forest conservation, including recreational activities and forest management practices that are used to conserve forest;

(6)

Include the substantive elements required under § 33-6-109 of this title, as finalized elements of the forest conservation plan;

(7)

Contain a statement that the plan is in compliance with the 1984 watershed management agreement, as amended; and

(8)

Contain other information required by this title.

(b)

Time of review. The Department's review of a final forest conservation plan shall be concurrent with the review of the final project plan, erosion and sediment control plan, grading plan, or application for a grading permit or building permit associated with the project, as appropriate.

(c)

Department approval required.

(1)

A project plan, erosion and sediment control plan, or grading plan for regulated activities may not be approved until the final forest conservation plan has been approved by the Department.

(2)

A grading permit or building permit for regulated activities may not be issued until the final forest conservation plan has been approved by the Department.

(1988 Code, § 14-409) (Bill No. 224, 1992, § 1, 1-19-1993; Bill No. 94-02, § 2, 7-1-2004)