§ 33-6-111. AFFORESTATION AND RETENTION.

(a)

Afforestation. Unless exempt under § 33-6-103(b) of this title, a person making application after January 19, 1993 for development or subdivision approval, project plan approval, a building permit, grading permit, grading plan approval, or an erosion and sediment control plan approval for an area of land of 40,000 square feet or greater, shall:

(1)

Conduct afforestation on the lot or parcel in accordance with the following:

(i)

A tract having less than 20% of the net tract area in forest cover shall be afforested up to at least 20% of the net tract area for:

1.

Agriculture and resource areas; and

2.

Medium density residential areas;

(ii)

A tract with less than 15% of its net tract area in forest cover shall be afforested up to at least 15% of the net tract area for:

1.

Institutional development areas;

2.

High density residential areas;

3.

Mixed use development and Planned Unit Development areas; and

4.

Commercial and industrial use areas; and

(2)

Comply with the following when cutting into forest cover that is currently below the afforestation percentages described in paragraph (1) of this subsection:

(i)

The required afforestation level shall be determined by the amount of forest existing before cutting or clearing begins; and

(ii)

Forest cut or cleared below the required afforestation level shall be reforested or afforested at a 2 to 1 ratio and added to the amount of afforestation necessary to reach the minimum required afforestation level, as determined by the amount of forest existing before cutting or clearing began.

(b)

Retention. The following trees, shrubs, herbaceous plants, and specific areas are considered priority for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated to the Department that reasonable efforts have been made to protect them, the plan cannot be reasonably altered, and the plan complies with all other applicable laws:

(1)

Trees, shrubs, and herbaceous plants located in sensitive areas including the riverine floodplain, intermittent and perennial streams, forest buffers, steep slopes, nontidal wetlands, and critical habitat areas;

(2)

Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site;

(3)

Trees, shrubs, or herbaceous plants determined to be rare, threatened, or endangered under:

(i)

The Federal Endangered Species Act of 1973 in 16 U.S.C., Sections 1531 through 1544 and in 50 CFR Part 17;

(ii)

The Maryland Nongame and Endangered Species Conservation Act; and

(iii)

COMAR 08.03.08;

(4)

Trees that:

(i)

Are part of an historic site;

(ii)

Are associated with an historic structure; or

(iii)

Have been designated by the state or the Department as a national, state, or county champion tree; and

(5)

Any tree having a diameter measured at 4.5 feet above the ground of:

(i)

30 inches or more; or

(ii)

75% or more of the diameter, measured at 4.5 feet above the ground, of the current state champion tree of that species as designated by the State Department of Natural Resources.

(1988 Code, § 14-410) (Bill No. 224, 1992, § 1, 1-19-1993; Bill No. 94-02, § 2, 7-1-2004)