Maryland Code § NR-5-608

Section NR-5-608
Open in Lexace · Ask the AI about this section
(a) (1) (i) Any person engaged in a forest products business shall
have a forest product operator's license issued by the Department.
(ii) The license is secured from the Department for every type
of forest products manufacturing plant.
(iii) Before any sawmill or other plant is erected for the
manufacture of lumber or other forest products or when the location of any

manufacturing plant is to be changed, the location shall be reported to the
Department prior to erection of the plant or the change of location.
(2) An applicant for a license shall:
(i) Submit to the Department an application on the form that
the Department provides;
(ii) Demonstrate compliance with the Maryland Workers'
Compensation Act under Title 9 of the Labor and Employment Article; and
(iii) Pay to the Department a fee set by the Department in an
amount not to exceed the costs of carrying out this section.
(3) The term of a license is 1 year.
(b) Each person to whom this subtitle applies shall:
(1) Leave conditions favorable for regrowth. Any forest land on which
cuttings are made shall be left by the operator in a favorable condition for regrowth,
in order to maintain sufficient growing stock to supply raw materials for industry and
furnish employment for forest communities continuously, if possible, or without long
interruption;
(2) Leave young growth. As far as feasible, every desirable seedling
and sapling shall be protected during logging operations. Except where unavoidable
in logging, immature trees may not be cut for any purpose except to improve the
spacing, quality, and composition or conditions for restocking, or to obtain timber or
wood for home use;
(3) Arrange for restocking land after cutting by leaving trees of
desirable species of suitable size singly, or in groups, well distributed and in a number
to secure restocking. If the board approves, however, clear-cutting may be performed;
(4) Maintain adequate growing stock after partial cutting or selective
logging. Rules and regulations of the Department, defining standards of forest
practice to obtain and maintain adequate growing stock in the different forest types,
may vary with different forest types of the State;
(5) Conduct timber harvesting operations in accordance with the
sediment and erosion control standards under Title 4 of the Environment Article;

(6) Accurately report to the Department the quality, quantity, and
species of firewood sold or delivered in accordance with Title 11 of the Agriculture
Article;
(7) Comply with the terms of any applicable federal, State, or local
permit, license, or approval;
(8) Complete and submit to the Department an annual timber
consumption report; and
(9) Comply with the standards of practice adopted by the
Department.
(c) (1) The Department may suspend or revoke the license of a forest
product operator for failure to comply with this subtitle.
(2) Before suspending or revoking a license under this subsection, the
Department, in accordance with Title 10, Subtitle 2 of the State Government Article,
shall:
(i) Send by registered or certified mail written notice of the
basis of the suspension or revocation to the license holder at the last known address
of the license holder; and
(ii) Hold a hearing on the license suspension or revocation if
the license holder requests the hearing within 2 weeks after receiving the written
notice.
(3) A person aggrieved by a final decision of the Department in a
contested case relating to a license suspension or revocation under this subsection
may appeal as authorized under §§ 10-222 and 10-223 of the State Government
Article.
(d) The provisions of this section do not apply to cutting firewood and timber
for domestic use for the owner or his tenant, but apply to all cutting not specifically
excepted.
(e) In a civil action before a court of competent jurisdiction, a person who
suffers damages as a result of a violation of this section by a license holder may
recover court costs and reasonable attorney's fees.
(f) The Department may adopt regulations to implement this section.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.