The Board of Public Works shall approve each acquisition of a conservation easement or a fee simple or other interest in property proposed by the Department under this subtitle. §5-1601. IN EFFECT (a) In this subtitle the following words have the meanings indicated. (b) "Afforestation" means the establishment of a tree cover on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover. (c) "Agricultural activity" means farming activities including plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, nursery, and other products cultivated as part of a recognized commercial enterprise. (d) "Agricultural and resource areas" are undeveloped areas zoned for densities of less than or equal to 1 dwelling unit per 5 acres. (e) "Champion Tree" means the largest tree of its species within the United States, the State, county, or municipality, as appropriate. (f) "Commercial and industrial uses" includes manufacturing operations, office complexes, shopping centers, and other similar uses and their associated storage areas, yarding, and parking areas. (g) "Commercial logging or timber harvesting operations" means the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact. (h) "Critical habitat area" means a critical habitat for endangered species and its surrounding protection area. A critical habitat area shall: (1) Be likely to contribute to the long-term survival of the species; (2) Be likely to be occupied by the species for the foreseeable future; and (3) Constitute habitat of the species which is deemed critical under § 4-2A-06 or § 10-2A-06 of this article. (i) "Critical habitat for endangered species" means a habitat occupied by an endangered species as determined or listed under § 4-2A-04 or § 10-2A-04 of this article. (j) "Department" means the Department of Natural Resources. (k) (1) "Forest" means a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. (2) "Forest" includes: (i) Areas that have at least 100 trees per acre with at least 50% of those trees having a 2 inch or greater diameter at 4.5 feet above the ground; and (ii) Forest areas that have been cut but not cleared. (3) "Forest" does not include orchards. (l) "Forest conservation" means the retention of existing forest or the creation of new forest at the levels prescribed by the State or local authority. (m) "Forest conservation plan" means a plan approved pursuant to §§ 5- 1605 and 5-1606 of this subtitle. (n) "Forest cover" means the area of a site meeting the definition of forest. (o) "Forest mitigation banking" means the intentional restoration, creation, or qualified conservation of forests undertaken expressly for the purpose of providing credits for afforestation or reforestation requirements with enhanced environmental benefits from future activities. (p) "Forest stand delineation" means the methodology for evaluating the existing vegetation on a site proposed for development, taking into account the environmental elements that shape or influence the structure or makeup of a plant community. (q) "Forested slopes" means an area meeting the definition of forest and growing on an area with a slope of 25 percent or more and covering an area of at least 10,000 square feet. (r) "High density residential areas" means areas zoned for densities greater than 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service. (s) "Institutional development area" includes schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, and cemeteries. (t) "Intermittent stream" means a stream in which surface water is absent during a portion of the year as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geological Survey as confirmed by field verification. (u) "Linear project" means a project whose configuration is elongated with nearly parallel sides and used to transport a utility product or public service not otherwise contained in an application for subdivision, such as electricity, gas, water, sewer, communications, trains, and vehicles. Linear projects may traverse fee simple properties through defined boundaries or through easement rights. (v) "Local forest conservation program" means a program developed and implemented pursuant to § 5-1603 of this subtitle. (w) "Medium density residential areas" means areas zoned for densities greater than 1 dwelling unit per 5 acres and less than or equal to 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service. (x) "Mixed use development" means a single, relatively high density development project, usually commercial in nature, which includes 2 or more types of uses. (y) "Natural regeneration" means the natural establishment of trees and other vegetation with at least 400 woody, free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity. (z) "Net tract area" means: (1) Except in agriculture and resource areas or linear project areas, the total area of a site, including both forested and nonforested areas, to the nearest one-tenth acre reduced by that area where forest clearing is restricted by another local ordinance or program; (2) In agriculture and resource areas, the portion of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities reduced by that area where forest clearing is restricted by another local ordinance or program; and (3) For a linear project: (i) The area of a right-of-way width, new access roads, and storage; or (ii) The limits of disturbance as shown on an application for sediment and erosion control approval or in a capital improvements program project description. (aa) (1) "Nontidal wetland" means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. (2) The determination of whether an area is considered a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands", published in 1989 and as may be amended and interpreted by the U.S. Environmental Protection Agency. (3) "Nontidal wetland" does not include a tidal wetland regulated under Title 16 of the Environment Article. (bb) (1) "One hundred year floodplain" means an area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying floodwaters during a 100-year frequency storm event. (2) A 100-year flood is a flood which has a 1% chance of being equaled or exceeded in any given year. Except for Class III waters (natural trout streams), a body of water with a watershed less than 400 acres is excluded. (cc) "Perennial stream" means a stream containing surface water throughout an average rainfall year, as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geological Survey, as confirmed by field verification. (dd) "Person" includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity. (ee) "Planned unit development" means a development comprised of a combination of land uses or varying intensities of the same land use in accordance with an integrated plan that provides flexibility in land use design approved by the local jurisdiction with at least 20% of the land permanently dedicated to open space. (ff) "Priority funding area" means an area designated as a priority funding area under § 5-7B-02 of the State Finance and Procurement Article. (gg) "Qualified conservation" means the conservation of all or a part of an existing forest that: (1) Has been approved by the appropriate State or local forest conservation program for the purpose of establishing a forest mitigation bank; and (2) Is encumbered in perpetuity by a restrictive easement, covenant, or another similar mechanism recorded in the county land records to conserve its character as a forest. (hh) (1) "Reforestation" or "reforested" means the creation of a biological community dominated by trees and other woody plants containing at least 100 trees per acre with at least 50% of those trees having the potential of attaining a 2 inch or greater diameter measured at 4.5 feet above the ground, within 7 years. (2) "Reforestation" includes landscaping of areas under an approved landscaping plan that establishes a forest that is at least 35 feet wide and covering 2,500 square feet of area. (3) "Reforestation" for a linear project which involves overhead transmission lines may consist of a biological community dominated by trees and woody shrubs with no minimum height or diameter criteria. (ii) "Retention" means the deliberate holding and protecting of existing trees, shrubs, or plants on the site according to established standards. (jj) "Seedlings" means an unbranched woody plant, less than 24 inches in height and having a diameter of less than 1/2 inch caliper measured at 2 inches above the root collar. (kk) "Selective clearing" means the careful and planned removal of trees, shrubs, and plants using specific standards and protection measures under an approved forest conservation plan. (ll) "Stream buffer" means all lands lying within 50 feet, measured from the top of each normal bank of any perennial or intermittent stream. (mm) "Stream restoration project" means an activity that: (1) Is designed to stabilize stream banks or enhance stream function or habitat located within an existing stream, waterway, or floodplain; (2) Avoids and minimizes impacts to forests and provides for replanting on-site an equivalent number of trees to the number removed by the project; (3) May be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the State or local government to achieve or maintain water quality standards; and (4) Is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with proposed development activity. (nn) "Subdivision" means any division of a parcel of land into 2 or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership, sale, lease, or development. (oo) (1) Except as provided in paragraph (2) of this subsection, "tract" means property subject to an application for a grading or sediment control permit or subdivision approval. (2) If property is included in a planned unit development, "tract" means the entire property subject to the planned unit development. (pp) "Tree" means a large, woody plant having 1 or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity. (qq) "Whip" means an unbranched woody plant greater than 24 inches in height and having a diameter of less than 1 inch caliper measured at 2 inches above the root collar. §5-1601. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 ** (a) In this subtitle the following words have the meanings indicated. (b) "Afforestation" means the establishment of a tree cover on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover. (c) "Agricultural activity" means farming activities including plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, nursery, and other products cultivated as part of a recognized commercial enterprise. (d) "Agricultural and resource areas" are undeveloped areas zoned for densities of less than or equal to 1 dwelling unit per 5 acres. (e) "Champion Tree" means the largest tree of its species within the United States, the State, county, or municipality, as appropriate. (f) "Commercial and industrial uses" includes manufacturing operations, office complexes, shopping centers, and other similar uses and their associated storage areas, yarding, and parking areas. (g) "Commercial logging or timber harvesting operations" means the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact. (h) "Critical habitat area" means a critical habitat for endangered species and its surrounding protection area. A critical habitat area shall: (1) Be likely to contribute to the long-term survival of the species; (2) Be likely to be occupied by the species for the foreseeable future; and (3) Constitute habitat of the species which is deemed critical under § 4-2A-06 or § 10-2A-06 of this article. (i) "Critical habitat for endangered species" means a habitat occupied by an endangered species as determined or listed under § 4-2A-04 or § 10-2A-04 of this article. (j) "Department" means the Department of Natural Resources. (k) (1) "Forest" means a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. (2) "Forest" includes: (i) Areas that have at least 100 trees per acre with at least 50% of those trees having a 2 inch or greater diameter at 4.5 feet above the ground; and (ii) Forest areas that have been cut but not cleared. (3) "Forest" does not include orchards. (l) "Forest conservation" means the retention of existing forest or the creation of new forest at the levels prescribed by the State or local authority. (m) "Forest conservation plan" means a plan approved pursuant to §§ 5- 1605 and 5-1606 of this subtitle. (n) "Forest cover" means the area of a site meeting the definition of forest. (o) "Forest mitigation banking" means the intentional restoration, creation, or qualified conservation of forests undertaken expressly for the purpose of providing credits for afforestation or reforestation requirements with enhanced environmental benefits from future activities. (p) "Forest stand delineation" means the methodology for evaluating the existing vegetation on a site proposed for development, taking into account the environmental elements that shape or influence the structure or makeup of a plant community. (q) "Forested slopes" means an area meeting the definition of forest and growing on an area with a slope of 25 percent or more and covering an area of at least 10,000 square feet. (r) "High density residential areas" means areas zoned for densities greater than 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service. (s) "Institutional development area" includes schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, and cemeteries. (t) "Intermittent stream" means a stream in which surface water is absent during a portion of the year as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geological Survey as confirmed by field verification. (u) "Linear project" means a project whose configuration is elongated with nearly parallel sides and used to transport a utility product or public service not otherwise contained in an application for subdivision, such as electricity, gas, water, sewer, communications, trains, and vehicles. Linear projects may traverse fee simple properties through defined boundaries or through easement rights. (v) "Local forest conservation program" means a program developed and implemented pursuant to § 5-1603 of this subtitle. (w) "Medium density residential areas" means areas zoned for densities greater than 1 dwelling unit per 5 acres and less than or equal to 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service. (x) "Mixed use development" means a single, relatively high density development project, usually commercial in nature, which includes 2 or more types of uses. (y) "Natural regeneration" means the natural establishment of trees and other vegetation with at least 400 woody, free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity. (z) "Net tract area" means: (1) Except in agriculture and resource areas or linear project areas, the total area of a site, including both forested and nonforested areas, to the nearest one-tenth acre reduced by that area where forest clearing is restricted by another local ordinance or program; (2) In agriculture and resource areas, the portion of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities reduced by that area where forest clearing is restricted by another local ordinance or program; and (3) For a linear project: (i) The area of a right-of-way width, new access roads, and storage; or (ii) The limits of disturbance as shown on an application for sediment and erosion control approval or in a capital improvements program project description. (aa) (1) "Nontidal wetland" means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. (2) The determination of whether an area is considered a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands", published in 1989 and as may be amended and interpreted by the U.S. Environmental Protection Agency. (3) "Nontidal wetland" does not include a tidal wetland regulated under Title 16 of the Environment Article. (bb) (1) "One hundred year floodplain" means an area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying floodwaters during a 100-year frequency storm event. (2) A 100-year flood is a flood which has a 1% chance of being equaled or exceeded in any given year. Except for Class III waters (natural trout streams), a body of water with a watershed less than 400 acres is excluded. (cc) "Perennial stream" means a stream containing surface water throughout an average rainfall year, as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geological Survey, as confirmed by field verification. (dd) "Person" includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity. (ee) "Planned unit development" means a development comprised of a combination of land uses or varying intensities of the same land use in accordance with an integrated plan that provides flexibility in land use design approved by the local jurisdiction with at least 20% of the land permanently dedicated to open space. (ff) "Priority funding area" means an area designated as a priority funding area under § 5-7B-02 of the State Finance and Procurement Article. (gg) "Qualified conservation" means the conservation of all or a part of an existing forest that: (1) Has been approved by the appropriate State of local forest conservation program for the purpose of establishing a forest mitigation bank; and (2) Is encumbered in perpetuity by a restrictive easement, covenant, or another similar mechanism recorded in the county land records to conserve its character as a forest. (hh) (1) "Reforestation" or "reforested" means the creation of a biological community dominated by trees and other woody plants containing at least 100 trees per acre with at least 50% of those trees having the potential of attaining a 2 inch or greater diameter measured at 4.5 feet above the ground, within 7 years. (2) "Reforestation" includes landscaping of areas under an approved landscaping plan that establishes a forest that is at least 35 feet wide and covering 2,500 square feet of area. (3) "Reforestation" for a linear project which involves overhead transmission lines may consist of a biological community dominated by trees and woody shrubs with no minimum height or diameter criteria. (ii) "Retention" means the deliberate holding and protecting of existing trees, shrubs, or plants on the site according to established standards. (jj) "Seedlings" means an unbranched woody plant, less than 24 inches in height and having a diameter of less than 1/2 inch caliper measured at 2 inches above the root collar. (kk) "Selective clearing" means the careful and planned removal of trees, shrubs, and plants using specific standards and protection measures under an approved forest conservation plan. (ll) "Stream buffer" means all lands lying within 50 feet, measured from the top of each normal bank of any perennial or intermittent stream. (mm) "Stream restoration project" means an activity that: (1) Is designed to stabilize stream banks or enhance stream function or habitat located within an existing stream, waterway, or floodplain; (2) Avoids and minimizes impacts to forests and provides for replanting on-site an equivalent number of trees to the number removed by the project; (3) May be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the State or local government to achieve or maintain water quality standards; and (4) Is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with proposed development activity. (nn) "Subdivision" means any division of a parcel of land into 2 or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership, sale, lease, or development. (oo) (1) Except as provided in paragraph (2) of this subsection, "tract" means property subject to an application for a grading or sediment control permit or subdivision approval. (2) If property is included in a planned unit development, "tract" means the entire property subject to the planned unit development. (pp) "Tree" means a large, woody plant having 1 or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity. (qq) "Whip" means an unbranched woody plant greater than 24 inches in height and having a diameter of less than 1 inch caliper measured at 2 inches above the root collar. §5-1602. IN EFFECT (a) Except as provided in subsection (b) of this section, this subtitle shall apply to any public or private subdivision plan or application for a grading or sediment control permit by any person, including a unit of State or local government on areas 40,000 square feet or greater. (b) The provisions of this subtitle do not apply to: (1) Any construction activity that is subject to § 5-103 of this title; (2) Any cutting or clearing of forest in areas governed by the Chesapeake Bay Critical Area Protection Law (Title 8, Subtitle 18 of this article); (3) Commercial logging and timber harvesting operations, including any harvesting conducted under the forest conservation and management program under § 8-211 of the Tax - Property Article: (i) That were completed before July 1, 1991; or (ii) That were completed on or after July 1, 1991, on property that is not the subject of an application for a grading permit for development within 5 years after the logging or harvesting operation. However, after this 5-year period, the property shall be subject to this subtitle; (4) Any agricultural activity that does not result in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices; (5) The cutting or clearing of public utility rights-of-way or land for electric generating stations licensed pursuant to § 7-204, § 7-205, § 7-207, or § 7- 208 of the Public Utilities Article, provided that: (i) Any required certificates of public convenience and necessity have been issued in accordance with § 5-1603(f) of this subtitle; and (ii) The cutting or clearing of the forest is conducted so as to minimize the loss of forest; (6) Any routine maintenance of public utility rights-of-way; (7) Any activity conducted on a single lot of any size or a linear project provided that: (i) The activity does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; and (ii) The activity on the lot or linear project will not result in the cutting, clearing, or grading of any forest that is subject to the requirements of a previous forest conservation plan prepared under this subtitle; (8) Any strip or deep mining of coal regulated under Title 15, Subtitle 5 or Subtitle 6 of the Environment Article and any noncoal surface mining regulated under Title 15, Subtitle 8 of the Environment Article; (9) Any activity required for the purpose of constructing a dwelling house intended for the use of the owner, or a child of the owner, if the activity does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; (10) A county that has and maintains 200,000 acres or more of its land area in forest cover; (11) The cutting or clearing of trees to comply with the requirements of: (i) 14 C.F.R. § 77.25 relating to objects affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation; or (ii) Subject to subsection (c) of this section, § 5-703 of the Transportation Article relating to obstructions to air navigation, provided that, if a dispute arises regarding the cutting or clearing of trees, the Maryland Aviation Administration makes the final determination whether the trees should be cut or cleared; (12) Any stream restoration project for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least 5 years with the affected property owner; and (13) Maintenance or retrofitting of a stormwater management structure that may include clearing of vegetation or removal and trimming of trees, so long as the maintenance or retrofitting is within the original limits of disturbance for construction of the existing structure, or within any maintenance easement for access to the structure. (c) An exemption under subsection (b)(11)(ii) of this section does not apply to the cutting or clearing of trees to facilitate the expansion or extension of the boundaries of any airport or runway. (d) For an application for subdivision or sediment and erosion control or grading for a site with more than 50% of the net tract area governed by Title 8, Subtitle 18 of this article, the Department or local authority may allow an applicant to extend critical area forest protection measures instead of meeting the requirements of this subtitle. §5-1602. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 ** (a) Except as provided in subsection (b) of this section, this subtitle shall apply to any public or private subdivision plan or application for a grading or sediment control permit by any person, including a unit of State or local government on areas 40,000 square feet or greater. (b) The provisions of this subtitle do not apply to: (1) Any construction activity that is subject to § 5-103 of this title; (2) Any cutting or clearing of forest in areas governed by the Chesapeake Bay Critical Area Protection Law (Title 8, Subtitle 18 of this article); (3) Commercial logging and timber harvesting operations, including any harvesting conducted under the forest conservation and management program under § 8-211 of the Tax - Property Article: (i) That were completed before July 1, 1991; or (ii) That were completed on or after July 1, 1991, on property that is not the subject of an application for a grading permit for development within 5 years after the logging or harvesting operation. However, after this 5-year period, the property shall be subject to this subtitle; (4) Any agricultural activity that does not result in a change in land use category, including the operation of orchards and tree farms and the construction and use of agricultural support buildings and other related structures built using accepted best management practices; (5) The cutting or clearing of public utility rights-of-way for electric generating stations licensed pursuant to § 7-204, § 7-205, § 7-207, or § 7-208 of the Public Utilities Article, provided that: (i) Any required certificates of public convenience and necessity have been issued in accordance with § 5-1603(f) of this subtitle; and (ii) The cutting or clearing of the forest is conducted so as to minimize the loss of forest; (6) Any routine maintenance of public utility rights-of-way; (7) Any activity conducted on a single lot of any size or a linear project provided that: (i) The activity does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; and (ii) The activity on the lot or linear project will not result in the cutting, clearing, or grading of any forest that is subject to the requirements of a previous forest conservation plan prepared under this subtitle; (8) Any strip or deep mining of coal regulated under Title 15, Subtitle 5 or Subtitle 6 of the Environment Article and any noncoal surface mining regulated under Title 15, Subtitle 8 of the Environment Article; (9) Any activity required for the purpose of constructing a dwelling house intended for the use of the owner, or a child of the owner, if the activity does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; (10) A county that has and maintains 200,000 acres or more of its land area in forest cover; (11) The cutting or clearing of trees to comply with the requirements of: (i) 14 C.F.R. § 77.25 relating to objects affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation; or (ii) Subject to subsection (c) of this section, § 5-703 of the Transportation Article relating to obstructions to air navigation, provided that, if a dispute arises regarding the cutting or clearing of trees, the Maryland Aviation Administration makes the final determination whether the trees should be cut or cleared; (12) Any stream restoration project for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least 5 years with the affected property owner; (13) Maintenance or retrofitting of a stormwater management structure that may include clearing of vegetation or removal and trimming of trees, so long as the maintenance or retrofitting is within the original limits of disturbance for construction of the existing structure, or within any maintenance easement for access to the structure; (14) Forest management; (15) Transit-oriented development, as defined under § 7-101 of the Transportation Article, provided that the area of forest removed shall be: (i) Reforested at a ratio of at least 1/4 acre replanted for each acre removed; or (ii) Mitigated in a manner in which 1/2 acre of forest is permanently protected for each acre removed; (16) The construction of a new federal government facility projected to house the employment of at least 2,500 persons; and (17) The construction of multifamily housing, consisting of a single structure containing at least 25 dwelling units, provided that the area of forest removed shall be: (i) Reforested at a ratio of at least 1/4 acre replanted for each acre removed; or (ii) Mitigated in a manner in which 1/2 acre of forest is permanently protected for each acre removed. (c) An exemption under subsection (b)(11)(ii) of this section does not apply to the cutting or clearing of trees to facilitate the expansion or extension of the boundaries of any airport or runway. (d) For an application for subdivision or sediment and erosion control or grading for a site with more than 50% of the net tract area governed by Title 8, Subtitle 18 of this article, the Department or local authority may allow an applicant to extend critical area forest protection measures instead of meeting the requirements of this subtitle. §5-1603. IN EFFECT (a) (1) A unit of local government having planning and zoning authority shall develop a local forest conservation program, consistent with the intent, requirements, and standards of this subtitle. (2) By April 30, 1992, all units of government with planning and zoning authority shall submit a proposed forest conservation program, which meets or is more stringent than the requirements and standards of this subtitle, to the Department for its review and approval. (3) A unit of local government which has an existing program of forest conservation, or subsequently adopts such a program prior to December 31, 1992, may continue to administer its program prior to approval by the Department of the local forest conservation program. (4) A municipality which has planning and zoning authority may, with the concurrence of the county and the Department, assign its obligations under this subtitle to the county. (b) (1) By July 1, 1992, the Department shall either approve a proposed local forest conservation program as submitted by the local authority or provide a written notice of program elements needing revision. (2) Local forest conservation programs requiring revisions shall be resubmitted to the Department within 2 months of the date the Department notified the local authority of the need for revisions. (c) (1) All units of local government with planning and zoning authority shall submit to the Department, by December 31, 1992, their adopted forest conservation program which meets or is more stringent than the requirements and standards of this subtitle. (2) A local forest conservation program, which has been approved by the Department, shall include: (i) A policy document and all applicable new and amended local ordinances relating to implementation of the regulated activities, exemptions, the review, approval and appeal processes, incentives, legal instruments for protection, enforcement program, and penalties; and (ii) A technical manual which outlines submittal requirements for forest stand delineations, required information for the approval of a forest conservation plan, specific forest conservation criteria and protection techniques. (3) (i) A local authority shall review and amend, as appropriate, all current local ordinances, policies and procedures that are inconsistent with the intent and requirements of this subtitle such as parking, road width, setback, curb and gutter, grading, and sidewalk requirements. (ii) A local forest conservation program, when approved by the Department, may: 1. Allow clustering and other innovative land use techniques that protect and establish forests where open space is preserved, sensitive areas are protected, and development is physically concentrated; and 2. Waive the requirements of this subtitle for previously developed areas covered by impervious surface and located in priority funding areas at the time of the application for subdivision plan, grading, or sediment control permit approval. (d) Failure to submit a proposed local forest conservation program under subsection (a) of this section or failure to adopt a program approved by the Department prior to December 31, 1992, under subsection (b) of this section shall result in the Department's assumption of review and approval of all forest conservation plans within the jurisdiction of that local authority. (e) (1) (i) The Department shall conduct a review of each local authority's program at least once every 2 years from the date of initial departmental approval. (ii) In its biennial review, the Department shall evaluate the level of compliance with the performance standards and required forest conservation. (2) (i) If a local authority's program is found to be deficient by the Department, then the Department shall give notice and allow the local authority 90 days for compliance. (ii) If, after 90 days, a local authority has failed to comply with the terms of a notice given by the Department, the Department may do one or more of the following: 1. Assume review and approval of all forest conservation plans within the jurisdiction of the local authority until the deficiencies are corrected; 2. On a finding by an auditor made in consultation with the Office of the Attorney General that a local authority has misappropriated local forest conservation funds, the Department may require the local authority to submit payment to the State Conservation Fund for the amount of any misappropriated local conservation funds; and 3. Request that the Attorney General investigate payments and expenditures of funds collected by the local authority under this subtitle. (f) After December 31, 1992, the Public Service Commission shall give due consideration to the need to minimize the loss of forest and the provisions for afforestation and reforestation set forth in this subtitle together with all applicable electrical safety codes, when reviewing applications for a certificate of public convenience and necessity issued pursuant to § 7-204, § 7-205, § 7-207, or § 7-208 of the Public Utilities Article. (g) A local authority or the Department in its administration of a State forest conservation program in jurisdictions which do not have an approved local program in effect may establish reasonable and appropriate procedures for the recovery of all costs incurred in the development, implementation, administration, and enforcement of the local forest conservation program or the State forest conservation program for jurisdictions without an approved forest conservation program. §5-1603. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 ** (a) (1) A unit of local government having planning and zoning authority shall develop a local forest conservation program: (i) Consistent with the intent, requirements, and standards of this subtitle; and (ii) Affording due consideration to the policy goals established under: 1. Title 5, Subtitle 7A of the State Finance and Procurement Article; and 2. The plans adopted under Title 1, Subtitle 4 and Title 3 of the Land Use Article. (2) By April 30, 1992, all units of government with planning and zoning authority shall submit a proposed forest conservation program, which meets or is more stringent than the requirements and standards of this subtitle, to the Department for its review and approval. (3) A unit of local government which has an existing program of forest conservation, or subsequently adopts such a program prior to December 31, 1992, may continue to administer its program prior to approval by the Department of the local forest conservation program. (4) A municipality which has planning and zoning authority may, with the concurrence of the county and the Department, assign its obligations under this subtitle to the county. (b) (1) By July 1, 1992, the Department shall either approve a proposed local forest conservation program as submitted by the local authority or provide a written notice of program elements needing revision. (2) Local forest conservation programs requiring revisions shall be resubmitted to the Department within 2 months of the date the Department notified the local authority of the need for revisions. (c) (1) All units of local government with planning and zoning authority shall submit to the Department, by December 31, 1992, their adopted forest conservation program which meets or is more stringent than the requirements and standards of this subtitle. (2) A local forest conservation program, which has been approved by the Department, shall include: (i) A policy document and all applicable new and amended local ordinances relating to implementation of the regulated activities, exemptions, the review, approval and appeal processes, incentives, legal instruments for protection, enforcement program, and penalties; and (ii) A technical manual which outlines submittal requirements for forest stand delineations, required information for the approval of a forest conservation plan, specific forest conservation criteria and protection techniques. (3) (i) A local authority shall review and amend, as appropriate, all current local ordinances, policies and procedures that are inconsistent with the intent and requirements of this subtitle such as parking, road width, setback, curb and gutter, grading, and sidewalk requirements. (ii) A local forest conservation program, when approved by the Department, may: 1. Allow clustering and other innovative land use techniques that protect and establish forests where open space is preserved, sensitive areas are protected, and development is physically concentrated; and 2. Provide for the waiver or modification of the requirements of this subtitle for previously developed areas covered by impervious surface and located in priority funding areas at the time of the application for subdivision plan, grading, or sediment control permit approval. (d) Failure to submit a proposed local forest conservation program under subsection (a) of this section or failure to adopt a program approved by the Department prior to December 31, 1992, under subsection (b) of this section shall result in the Department's assumption of review and approval of all forest conservation plans within the jurisdiction of that local authority. (e) (1) (i) The Department shall conduct a review of each local authority's program at least once every 2 years from the date of initial departmental approval. (ii) In its biennial review, the Department shall evaluate the level of compliance with the performance standards and required forest conservation. (2) (i) If a local authority's program is found to be deficient by the Department, then the Department shall give notice and allow the local authority 90 days for compliance. (ii) If, after 90 days, a local authority has failed to comply with the terms of a notice given by the Department, the Department may do one or more of the following: 1. Assume review and approval of all forest conservation plans within the jurisdiction of the local authority until the deficiencies are corrected; 2. On a finding by an auditor made in consultation with the Office of the Attorney General that a local authority has misappropriated local forest conservation funds, the Department may require the local authority to submit payment to the State Conservation Fund for the amount of any misappropriated local conservation funds; and 3. Request that the Attorney General investigate payments and expenditures of funds collected by the local authority under this subtitle. (f) After December 31, 1992, the Public Service Commission shall give due consideration to the need to minimize the loss of forest and the provisions for afforestation and reforestation set forth in this subtitle together with all applicable electrical safety codes, when reviewing applications for a certificate of public convenience and necessity issued pursuant to § 7-204, § 7-205, § 7-207, or § 7-208 of the Public Utilities Article. (g) A local authority or the Department in its administration of a State forest conservation program in jurisdictions which do not have an approved local program in effect may establish reasonable and appropriate procedures for the recovery of all costs incurred in the development, implementation, administration, and enforcement of the local forest conservation program or the State forest conservation program for jurisdictions without an approved forest conservation program.
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