§ 33-6-114. FOREST CONSERVATION FUND.

(a)

Establishment; purpose.

(1)

There is a Forest Conservation Fund in the Baltimore County program.

(2)

(i)

Subject to subsection (b) of this section, the Fund is intended to receive contributions in order to Fund costs related to:

1.

Reforestation, afforestation, and implementation of this title, including site identification, acquisition, preparation, planting, and maintenance;

2.

The permanent preservation of priority forests, including site identification, acquisition, and maintenance; or

3.

Subject to subparagraph (ii) of this paragraph, the administration of this title after satisfaction of the requirements of items 1 and 2 of this subparagraph.

(ii)

Not more than 10% of the fees contributed to the fund may be used for administrative costs.

(b)

Contribution. If a person who is subject to this title demonstrates to the satisfaction of the Department that requirements for reforestation or afforestation onsite or offsite cannot be reasonably accomplished, the person shall contribute money at a rate of 40 cents per square foot of the area of required planting into the Baltimore County Forest Conservation Fund.

(c)

Time for payment.

(1)

If a grading permit is not required for the proposed project, money contributed instead of afforestation or reforestation under this title shall be paid before approval of the project plan or building permit.

(2)

If a grading permit is required for the proposed project, money contributed instead of afforestation or reforestation under this title shall be secured by a security approved by the Department before issuance of the grading permit and shall be paid before the close-out of the grading permit.

(d)

Forest conservation deposit account.

(1)

There is a forest conservation deposit account.

(2)

Money contributed to the Baltimore County Forest Conservation Fund shall be credited to the forest conservation deposit account.

(e)

Limitation on uses.

(1)

All money deposited in the forest conservation deposit account shall be used solely for the purposes established under subsection (a) of this section and shall be accumulated in the account until a supplemental appropriation is made in the Capital Improvement Fund.

(2)

Budget appropriations made under this section may not establish a continuing program that creates a financial obligation for a subsequent year's current expense operating budget.

(f)

Director determines uses. With the approval of the County Administrative Officer and subject to the provisions of this section, the Director of the Department shall determine the proposed uses of the Forest Conservation Fund.

(g)

Location of use. The reforestation, afforestation, or preservation requirement under this section shall occur in the county and all reasonable efforts shall be made to satisfy the requirement in the watershed in which the project is located.

(h)

Rate of preservation.

(1)

If funds from the county Forest Conservation Fund are allocated for the permanent preservation of priority forests, the Department shall permanently preserve priority forest tracts at a rate of 2 or more acres of priority forest tract for each acre of required planting for which money has been contributed to the county Forest Conservation Fund under subsection (b) of this section.

(2)

This rate is required in consideration of the forest conservation threshold for agricultural and resource areas, unless the rate is waived by the State Department of Natural Resources for preservation of a specific priority forest tract.

(i)

List of priority forests. The Department shall prepare a list of priority forests for preservation on an annual basis and shall request and consider the recommendations of the State Department of Natural Resources in the preparation of this list.

(1988 Code, § 14-413) (Bill No. 224, 1992, § 1, 1-19-1993; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004)