(a) Except as provided in subsection (b)(2) and (3) of this section, after December 31, 1992, or after the date on which a local program has been adopted under § 5-1603 of this subtitle, whichever occurs first, a person making application for subdivision or grading or sediment control permits on areas greater than 40,000 square feet shall submit a forest stand delineation for the entire site prepared by a licensed forester, licensed landscape architect, or other qualified professionals that may be approved by the State or a local authority in the manner required by the approved program. (b) (1) The forest stand delineation shall be used during the preliminary review process to determine the most suitable and practical areas for forest conservation. Subject to paragraphs (2) and (3) of this subsection, and except when waived by the Department during approval or review of a local program, the forest stand delineation shall contain the following components: (i) A topographic map delineating intermittent and perennial streams, and steep slopes over 25%; (ii) A soils map delineating soils with structural limitations, hydric soils, or soils with a soil K value greater than 0.35 on slopes of 15% or more; (iii) Forest stand maps indicating species, location, and size of trees and showing dominant and codominant forest types; and (iv) Any other requirements necessary to carry out the purposes of this subtitle established in regulations adopted by the Department or imposed by a local authority. (2) A concept plat or plan, preliminary plat or plan, sediment and erosion control plan, site plan, or other appropriate document, verified by a site visit if appropriate, may substitute for the forest stand delineation required by paragraph (1) of this subsection if: (i) There is no forest on the site; or (ii) No forest on the site is to be cut, cleared, or graded for the proposed use, and all forest on the site is to be subject to a long-term protective agreement. (3) The Department shall provide for, and a local authority may adopt, a simplified process or processes for forest stand delineation under this section, including: (i) Limiting required forest sampling to areas not proposed for protection under long-term protective agreements as long as all priority areas on the site are protected; and (ii) Minimizing overlapping mapping and sampling requirements for sites where no disturbance of priority forest retention areas is contemplated. (c) Within 30 days from receipt of the forest stand delineation, the Department or local authority shall notify the applicant whether the forest stand delineation is complete and correct. If the Department or local authority fails to notify the applicant about the delineation within 30 days, the delineation shall be treated as complete and correct. The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances. §5-1605. IN EFFECT (a) Upon receipt of notice that the forest stand delineation is complete and correct, the applicant shall submit to the State or local authority a proposed forest conservation plan for the site. (b) The forest conservation plan shall be developed by a licensed forester, licensed landscape architect, or other qualified professionals that may be approved by the State or a local authority. (c) A proposed forest conservation plan shall contain: (1) A map of the site drawn at the same scale as the grading or subdivision plan; (2) A table listing the net tract area in square feet, the square foot area of forest conservation required for the site, and the square foot area of forest conservation provided by the applicant on-site and off-site, if applicable; (3) A clear graphic indication of the forest conservation provided on the site showing areas where both retention of existing forest or afforestation, by any and all methods, is planned; (4) An anticipated construction timetable, including the sequence for tree conservation procedures; (5) An afforestation or reforestation plan with a timetable and description of needed site and soil preparation, species, size, and spacing to be utilized; (6) Locations and types of protective devices to be used during construction activities to protect trees and areas of forest designated for conservation; (7) Limits of disturbance delineated; (8) Stockpile areas delineated; (9) A binding 2-year management agreement that details how the areas designated for afforestation or reforestation will be maintained to ensure protection or satisfactory establishment including: (i) Watering; and (ii) Reinforcement planting provisions if survival falls below required standards; and (10) Any other requirement established in regulations adopted by the Department, or imposed by a local authority. (d) Within 45 days from receipt of the forest conservation plan, the Department or local authority shall notify the applicant whether the forest conservation plan is complete. If the Department or local authority fails to notify the applicant about the forest conservation plan within 45 days, the plan shall be treated as complete and approved. The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances. In addition, at the request of the applicant, the State or local authority may extend this deadline for extenuating circumstances. §5-1605. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 ** (a) Upon receipt of notice that the forest stand delineation is complete and correct, the applicant shall submit to the State or local authority a proposed forest conservation plan for the site. (b) The forest conservation plan shall be developed by a licensed forester, licensed landscape architect, or other qualified professionals that may be approved by the State or a local authority. (c) A proposed forest conservation plan shall contain: (1) A map of the site drawn at the same scale as the grading or subdivision plan; (2) A table listing the net tract area in square feet, the square foot area of forest conservation required for the site, and the square foot area of forest conservation provided by the applicant on-site and off-site, if applicable; (3) A clear graphic indication of the forest conservation provided on the site showing areas where both retention of existing forest or afforestation, by any and all methods, is planned; (4) An anticipated construction timetable, including the sequence for tree conservation procedures; (5) An afforestation or reforestation plan with a timetable and description of needed site and soil preparation, species, size, and spacing to be utilized; (6) Locations and types of protective devices to be used during construction activities to protect trees and areas of forest designated for conservation; (7) Limits of disturbance delineated; (8) Stockpile areas delineated; (9) A binding 2-year management agreement that details how the areas designated for afforestation or reforestation will be maintained to ensure protection or satisfactory establishment including: (i) Watering; and (ii) Reinforcement planting provisions if survival falls below required standards; and (10) Any other requirement established in regulations adopted by the Department, or imposed by a local authority. (d) (1) At least 20 days before approval of the forest conservation plan, the Department or local authority shall: (i) Provide notice that is consistent with local authority notice requirements to all property owners abutting and adjacent to the boundary of the subject property of any proposed clearing of a priority retention area as described in § 5-1607(c) of this subtitle; and (ii) 1. On a net tract area of at least 5 acres and if at least 75% of the priority retention area is proposed to be cleared, provide an opportunity for written and verbal comment before plan approval; or 2. For any other project where priority retention area is proposed for clearing, provide an opportunity for public written comment before plan approval. (2) Property separated from the subject property by a public right- of-way shall be considered abutting and adjacent. (3) (i) Within 45 days from receipt of the forest conservation plan, the Department or local authority shall notify the applicant whether the forest conservation plan is complete. (ii) If the Department or local authority fails to notify the applicant about the forest conservation plan within 45 days, the plan shall be treated as complete and approved. (iii) The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances. (iv) In addition, at the request of the applicant, the State or local authority may extend this deadline for extenuating circumstances. (4) (i) A person petitioning for judicial review of an approved forest conservation plan shall file the petition in accordance with the Maryland Rules not later than 30 days after approval of the forest conservation plan. (ii) Any judicial review of a forest conservation plan shall be: 1. Conducted in accordance with the Maryland Rules; and 2. Limited to the record compiled by the Department or the local authority. §5-1606. IN EFFECT (a) (1) For the following land use categories, tracts having less than 20% of the net tract area in forest cover shall be afforested up to 20% of the net tract area: (i) Agriculture and resource areas; and (ii) Medium density residential areas. (2) For the following land use categories, tracts having less than 15% of the net tract area in forest cover shall be afforested up to 15% of the net tract area: (i) Institutional development areas; (ii) High density residential areas; (iii) Mixed use and planned unit development areas; and (iv) Commercial and industrial use areas. (3) Afforestation requirements must conform to the conditions in §§ 5-1607 and 5-1610 of this subtitle, including payment into the Forest Conservation Fund, if afforestation on-site or off-site cannot be reasonably accomplished. (4) (i) The afforestation requirements under this subsection shall be accomplished within 1 year or 2 growing seasons after the completion of the development project. (ii) If afforestation cannot be reasonably accomplished on-site or off-site, the requirement to contribute money to a Forest Conservation Fund under § 5-1610 of this subtitle shall be met within 90 days after the completion of the development project. (5) Linear projects that involve no change in land use may not be subject to afforestation requirements. (6) Solar photovoltaic facilities may not be subject to afforestation requirements under this subtitle. (b) There is a forest conservation threshold established for all land use categories as provided in subsection (c) of this section. The forest conservation threshold means the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1 acre removed. (c) After every reasonable effort to minimize the cutting or clearing of trees and other woody plants is exhausted in the development of a subdivision plan and grading and sediment control activities and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation, or payment into the Forest Conservation Fund, according to the formula set forth in subsection (b) of this section and consistent with the following forest conservation thresholds for the applicable land use category: (1) Agricultural and resource areas: 50% of net tract area; (2) Medium density residential areas: 25% of net tract area; (3) Institutional development areas: 20% of net tract area; (4) High density residential areas: 20% of net tract area; (5) Mixed use and planned unit development areas: 15% of net tract area; and (6) Commercial and industrial use areas: 15% of net tract area. (d) (1) Subject to the provisions of paragraph (2) of this subsection, for all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of 1/4 acre planted for every 1 acre removed. (2) Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under paragraph (1) of this subsection. (e) For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area below the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of 2 acres planted for every 1 acre removed. (f) (1) The reforestation requirements under this section shall be accomplished within 1 year or 2 growing seasons after completion of the development project. (2) If reforestation cannot be reasonably accomplished on-site or off- site, the requirement to contribute money to a Forest Conservation Fund under § 5- 1610 of this subtitle shall be met within 90 days after completion of the development project. (g) A unit of local government with planning and zoning authority may adopt forest conservation thresholds and afforestation and reforestation requirements as part of its local forest conservation program that are more stringent than the forest conservation thresholds and afforestation and reforestation requirements in this section. §5-1606. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 ** (a) (1) For the following land use categories, tracts having less than 20% of the net tract area in forest cover shall be afforested up to 20% of the net tract area: (i) Agriculture and resource areas; and (ii) Medium density residential areas. (2) For the following land use categories, tracts having less than 15% of the net tract area in forest cover shall be afforested up to 15% of the net tract area: (i) Institutional development areas; (ii) High density residential areas; (iii) Mixed use and planned unit development areas; and (iv) Commercial and industrial use areas. (3) Afforestation requirements must conform to the conditions in §§ 5-1607 and 5-1610 of this subtitle, including payment into the Forest Conservation Fund, if afforestation on-site or off-site cannot be reasonably accomplished. (4) (i) The afforestation requirements under this subsection shall be accomplished within 1 year or 2 growing seasons after the completion of the development project. (ii) If afforestation cannot be reasonably accomplished on-site or off-site, the requirement to contribute money to a Forest Conservation Fund under § 5-1610 of this subtitle shall be met within 90 days after the completion of the development project. (5) Linear projects that involve no change in land use may not be subject to afforestation requirements. (6) Solar photovoltaic facilities may not be subject to afforestation requirements under this subtitle. (b) (1) Subject to § 5-1606.1 of this subtitle: (i) Except as provided in item (ii) of this paragraph, for all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area, the area of forest removed shall be reforested at a ratio of 1 acre planted for every 1 acre removed; and (ii) For all existing forest cover located in a priority funding area designated under § 5-7B-03 of the State Finance and Procurement Article, and not identified as a priority for retention as described in § 5-1607(c) of this subtitle, measured to the nearest 1/10 acre cleared on the net tract area, the area of forest removed shall be reforested at a ratio of 1/2 acre planted for every 1 acre removed. (2) Upon meeting the reforestation and afforestation requirements in this section, all unforested riparian buffers on site shall be afforested and reforested, unless the applicant demonstrates to the Department or the local authority that afforestation in the riparian buffer: (i) Would be in conflict with allowable uses as established for the riparian buffer; (ii) Is located on park property and conflicts with the mission and established stewardship practices of the park; or (iii) Is not suitable for the establishment and retention of the required planting materials, in which case substitute environmental protection measures must be implemented. (c) (1) The reforestation requirements under this section shall be accomplished within 1 year or 2 growing seasons after completion of the development project. (2) If reforestation cannot be reasonably accomplished on-site or off- site, the requirement to contribute money to a Forest Conservation Fund under § 5- 1610 of this subtitle shall be met within 90 days after completion of the development project. (d) Except as provided in subsection (a)(6) of this section, a unit of local government with planning and zoning authority may adopt forest conservation thresholds and afforestation and reforestation requirements as part of its local forest conservation program that are more stringent than the forest conservation thresholds and afforestation and reforestation requirements in this section. §5-1606.1. NOT IN EFFECT ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 ** (a) (1) A local jurisdiction may propose, and the Department may approve, alternative afforestation, reforestation, and preservation requirements that are expected to result in the local program at a minimum maintaining its existing level of forest cover over a 4-year period. (2) If the Department finds that the proposed alternative afforestation, reforestation, and preservation requirements are not expected to maintain the local jurisdiction's baseline level of forest cover, the Department shall: (i) Reject the proposed alternative afforestation, reforestation, and preservation requirements; and (ii) Provide the local jurisdiction with written notice of the elements of the proposal that need to be revised. (3) In determining whether proposed alternative afforestation, reforestation, and preservation requirements are expected to maintain the local jurisdiction's existing level of forest cover, the Department shall: (i) Consider credits generated under § 5-1607(b)(3) of this subtitle to be forest acreage; (ii) Base its determination on the local annual reports required under § 5-1613 of this subtitle; and (iii) Exclude the effect of a project: 1. Approved before July 1, 2024; or 2. Described in § 5-1602(b) of this subtitle. (4) On or before December 31, 2028, the Department shall provide written notice requiring modification of alternative afforestation, reforestation, and preservation requirements if the local program does not: (i) Maintain or expand the local jurisdiction's existing level of forest cover over two consecutive 2-year periods; or (ii) Submit the local annual reports required under § 5-1613 of this subtitle. (5) On or after January 1, 2029, the Department may rescind approval of alternative afforestation, reforestation, and preservation requirements if the local program does not meet a condition specified under paragraph (4)(i) or (ii) of this subsection. §5-1607. IN EFFECT (a) The preferred sequence for afforestation and reforestation shall be established by the State or local authority in accordance with the following after all techniques for retaining existing forest cover on-site have been exhausted: (1) Those techniques that enhance existing forest and involve selective clearing or supplemental planting on-site; (2) On-site afforestation or reforestation may be utilized where the retention options have been exhausted. In those cases, the method shall be selected in accordance with subsection (b) of this section, and the location shall be selected in accordance with subsection (d) of this section; (3) (i) Off-site afforestation or reforestation in the same watershed or in accordance with an approved master plan may be utilized where the applicant has demonstrated that no reasonable on-site alternative exists, or where: 1. Any on-site priority areas for afforestation or reforestation have been planted in accordance with subsection (d) of this section; and 2. The applicant has justified to the satisfaction of the State or local jurisdiction that environmental benefits associated with off-site afforestation or reforestation would exceed those derived from on-site planting; (ii) In these cases, the method shall be selected in accordance with subsection (b) of this section, and the location shall be selected in accordance with subsection (d) of this section; and (iii) Off-site afforestation or reforestation may include the use of forest mitigation banks which have been so designated in advance by the State or local forest conservation program which is approved by the Department; and (4) The State or local jurisdiction may allow an alternative sequence for a specific project if necessary to achieve the objectives of a local jurisdiction's land use plans or policies or to take advantage of opportunities to consolidate forest conservation efforts. (b) Standards for meeting afforestation or reforestation requirements shall be established by the State or local program using one or more of the following methods: (1) Forest creation in accordance with a forest conservation plan using one or more of the following: (i) Transplanted or nursery stock; (ii) Whip and seedling stock; or (iii) Natural regeneration where it can be shown to adequately meet the objective of the forest conservation plan. (2) The use of qualified conservation completed in a forest mitigation bank to meet: (i) Up to 50% of the afforestation or reforestation requirement, in which case, the afforestation or reforestation credit granted may not exceed 50% of the forest area encumbered in perpetuity; or (ii) If a local jurisdiction proposes and, after public comment, the Department approves a written justification for the increase, up to 60% of the afforestation or reforestation requirement, in which case the afforestation or reforestation credit granted may not exceed 50% of the forest area encumbered in perpetuity. (3) The use of street trees in a municipal corporation with a tree management plan, in an existing population center designated in a county master plan that has been adopted to conform with the Economic Growth, Resource Protection, and Planning Act of 1992, or in any other designated area approved by the Department as part of a local program, under criteria established by the local program, subject to the approval of the Department, using: (i) Street trees as a permissible step in the priority sequence for afforestation or reforestation and, based on a mature canopy coverage, may grant full credit as a mitigation technique; and (ii) Acquisition as a mitigation technique of an off-site protective easement for existing forested areas not currently protected in perpetuity, in which case the afforestation or reforestation credit granted may not exceed 50% of the area of forest cover protected. (4) When all other options, both on-site and off-site, have been exhausted, landscaping as a mitigation technique, conducted under an approved landscaping plan that establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area. (c) (1) The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority, that reasonable efforts have been made to protect them and the plan cannot reasonably be altered: (i) Trees, shrubs, and plants located in sensitive areas including 100-year floodplains, intermittent streams and their buffers of at least 50 feet from the stream channel, perennial streams and their buffers of at least 100 feet from the stream channel, coastal bays and their buffers, steep slopes, and critical habitats; (ii) Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site; (iii) Forest suitable for forest interior-dwelling species; (iv) Forest located in a Tier II or Tier III high quality watershed as identified by the Department of the Environment; (v) Forest located in a water resource protection zone, a reservoir watershed, or a wellhead protection area as identified by a local jurisdiction; and (vi) Forests in urban areas: 1. As delineated in the priority urban forest mapping included in the State Forest Conservation Technical Manual requirements; or 2. That are most important for providing wildlife habitat or mitigating flooding, high temperatures, or air pollution. (2) The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority, that the applicant qualifies for a variance under § 5-1611 of this subtitle: (i) Trees, shrubs, or plants identified on the list of rare, threatened, and endangered species of the U.S. Fish and Wildlife Service or the Department; (ii) Trees that are part of a historic site or associated with a historic structure or designated by the Department or local authority as a national, State, or local Champion Tree; and (iii) Trees having a diameter measured at 4.5 feet above the ground of: 1. 30 inches; or 2. 75% of the diameter, measured at 4.5 feet above the ground, of the current State Champion Tree of that species as designated by the Department. (3) (i) The Department or a local authority shall issue written findings and justification for any clearing of a priority retention area described in paragraph (1) or (2) of this subsection. (ii) Any judicial review of a final determination made under this paragraph shall be: 1. Conducted in accordance with the Maryland Rules; and 2. Limited to the record compiled by the Department or the local authority. (d) The following shall be considered priority for afforestation or reforestation: (1) Establish or enhance forest buffers adjacent to intermittent and perennial streams and coastal bays to widths of at least 50 feet; (2) Establish or increase existing forested corridors to connect existing forests within or adjacent to the site and, where practical, forested corridors should be a minimum of 300 feet in width to facilitate wildlife movement; (3) Establish or enhance forest buffers adjacent to critical habitats where appropriate; (4) Establish or enhance forested areas in 100-year floodplains; (5) Establish plantings to stabilize slopes of 25% or greater and slopes of 15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other natural depressions; (6) Establish buffers adjacent to areas of differing land use where appropriate, or adjacent to highways or utility rights-of-way; (7) Establish forest areas adjacent to existing forests so as to increase the overall area of contiguous forest cover, when appropriate; and (8) Use native plant materials for afforestation or reforestation, when appropriate. (e) (1) As part of the development of a forest conservation program, the State or local government shall develop provisions for: (i) Preservation of areas described in subsections (c) and (d)(1) and (3) of this section; (ii) Retention as forest of all land forested, afforested, or reforested under this subtitle; and (iii) Limitation of uses of forest to those that are not inconsistent with forest conservation, such as recreational activities and forest management under subsection (f) of this section. (2) The provisions required in paragraph (1) of this subsection may include protective agreements for areas of forest conservation, including conservation easements, deed restrictions, and covenants. (f) An owner may place land that is forested, afforested, or reforested under this subtitle in the forest conservation and management program under § 8-211 et seq. of the Tax - Property Article or in a forest management plan prepared by a licensed forester and approved by the local authority or the State. Reforestation shall be required when the final regeneration harvest is complete or if determined to be necessary due to the lack of adequate natural regeneration. §5-1607. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 ** (a) The preferred sequence for afforestation and reforestation shall be established by the State or local authority in accordance with the following after all techniques for retaining existing forest cover on-site have been exhausted: (1) Those techniques that enhance existing forest and involve selective clearing or supplemental planting on-site; (2) On-site afforestation or reforestation may be utilized where the retention options have been exhausted. In those cases, the method shall be selected in accordance with subsection (b) of this section, and the location shall be selected in accordance with subsection (d) of this section; (3) (i) Off-site afforestation or reforestation in the same watershed or in accordance with an approved master plan may be utilized where the applicant has demonstrated that no reasonable on-site alternative exists, or where: 1. Any on-site priority areas for afforestation or reforestation have been planted in accordance with subsection (d) of this section; and 2. The applicant has justified to the satisfaction of the State or local jurisdiction that environmental benefits associated with off-site afforestation or reforestation would exceed those derived from on-site planting; (ii) In these cases, the method shall be selected in accordance with subsection (b) of this section, and the location shall be selected in accordance with subsection (d) of this section; and (iii) Off-site afforestation or reforestation may include the use of forest mitigation banks which have been so designated in advance by the State or local forest conservation program which is approved by the Department; and (4) The State or local jurisdiction may allow an alternative sequence for a specific project if necessary to achieve the objectives of a local jurisdiction's land use plans or policies or to take advantage of opportunities to consolidate forest conservation efforts. (b) Standards for meeting afforestation or reforestation requirements shall be established by the State or local program using one or more of the following methods: (1) Forest creation in accordance with a forest conservation plan using one or more of the following: (i) Transplanted or nursery stock; (ii) Whip and seedling stock; or (iii) Natural regeneration where it can be shown to adequately meet the objective of the forest conservation plan; (2) The use of qualified conservation completed in a forest mitigation bank to meet: (i) Up to 50% of the afforestation or reforestation requirement, in which case, the afforestation or reforestation credit granted may not exceed 50% of the forest area encumbered in perpetuity; or (ii) If, a local jurisdiction proposes, and after public comment, the Department approves a written justification for the increase, up to 60% of the afforestation or reforestation requirement, in which case the afforestation or reforestation credit granted may not exceed 50% of the forest area encumbered in perpetuity; (3) In a municipal corporation with a tree management plan, in an existing population center designated in a county master plan that has been adopted to conform with the Economic Growth, Resource Protection, and Planning Act of 1992, or in any other designated area approved by the Department as part of a local program, under criteria established by the local program, subject to the approval of the Department, using: (i) The planting of street trees as a permissible step in the priority sequence for afforestation or reforestation and, based on a mature canopy coverage, may grant full credit as a mitigation technique; (ii) Acquisition as a mitigation technique of an off-site protective easement for existing forested areas not currently protected in perpetuity, in which case the afforestation or reforestation credit granted may not exceed 50% of the area of forest cover protected; (iii) The restoration of on- or off-site degraded forest, including soil enhancement without grading, the removal of invasive species, wildlife control, the improvement of understory, and new tree plantings, as appropriate, in which case the afforestation or reforestation credit granted may not exceed 50% of the area of forest restored; and (iv) The establishment of planted green infrastructure or planted environmental site design practices beyond the amount required under § 4- 203 of the Environment Article may grant full credit as a mitigation technique; and (4) When all other options, both on-site and off-site, have been exhausted, landscaping as a mitigation technique, conducted under an approved landscaping plan that establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area. (c) (1) The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority, that reasonable efforts have been made to protect them and the plan cannot reasonably be altered: (i) Trees, shrubs, and plants located in sensitive areas including 100-year floodplains, intermittent streams and their buffers of at least 50 feet from the stream channel, perennial streams and their buffers of at least 100 feet from the stream channel, coastal bays and their buffers, steep slopes, and critical habitats; (ii) Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site; (iii) Forest suitable for forest interior-dwelling species; (iv) Forest located in a Tier II or Tier III high quality watershed as identified by the Department of the Environment; (v) Forest located in a water resource protection zone, a reservoir watershed, or a wellhead protection area as identified by a local jurisdiction; and (vi) Forests in urban areas: 1. As delineated in the priority urban forest mapping included in the State Forest Conservation Technical Manual requirements; or 2. That are most important for providing wildlife habitat or mitigating flooding, high temperatures, or air pollution. (2) The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority, that the applicant qualifies for a variance under § 5-1611 of this subtitle: (i) Trees, shrubs, or plants identified on the list of rare, threatened, and endangered species of the U.S. Fish and Wildlife Service or the Department; (ii) Trees that are part of a historic site or associated with a historic structure or designated by the Department or local authority as a national, State, or local Champion Tree; and (iii) Trees having a diameter measured at 4.5 feet above the ground of: 1. 30 inches; or 2. 75% of the diameter, measured at 4.5 feet above the ground, of the current State Champion Tree of that species as designated by the Department. (3) (i) The Department or a local authority shall issue written findings and justification for any clearing of a priority retention area described in paragraph (1) or (2) of this subsection. (ii) Any judicial review of a final determination made under this paragraph shall be: 1. Conducted in accordance with the Maryland Rules; and 2. Limited to the record compiled by the Department or the local authority. (d) The following shall be considered priority for afforestation or reforestation: (1) Establish or enhance forest buffers adjacent to intermittent and perennial streams and coastal bays to widths of at least 50 feet; (2) Establish or increase existing forested corridors to connect existing forests within or adjacent to the site and, where practical, forested corridors should be a minimum of 300 feet in width to facilitate wildlife movement; (3) Establish or enhance forest buffers adjacent to critical habitats where appropriate; (4) Establish or enhance forested areas in 100-year floodplains; (5) Establish plantings to stabilize slopes of 25% or greater and slopes of 15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other natural depressions; (6) Establish buffers adjacent to areas of differing land use where appropriate, or adjacent to highways or utility rights-of-way; (7) Establish forest areas adjacent to existing forests so as to increase the overall area of contiguous forest cover, when appropriate; and (8) Use native plant materials for afforestation or reforestation, when appropriate. (e) (1) As part of the development of a forest conservation program, the State or local government shall develop provisions for: (i) Preservation of areas described in subsections (c) and (d)(1) and (3) of this section; (ii) Retention as forest of all land forested, afforested, or reforested under this subtitle; and (iii) Limitation of uses of forest to those that are not inconsistent with forest conservation, such as recreational activities and forest management under subsection (f) of this section. (2) The provisions required in paragraph (1) of this subsection may include protective agreements for areas of forest conservation, including conservation easements, deed restrictions, and covenants. (f) An owner may place land that is forested, afforested, or reforested under this subtitle in the forest conservation and management program under § 8-211 et seq. of the Tax - Property Article or in a forest management plan prepared by a licensed forester and approved by the local authority or the State. Reforestation shall be required when the final regeneration harvest is complete or if determined to be necessary due to the lack of adequate natural regeneration.
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