§ 5-1606. Forestation level requirements
West's Annotated Code of MarylandNatural ResourcesEffective: June 1, 2017 to June 30, 2024
Effective: June 1, 2017 to June 30, 2024
MD Code, Natural Resources, § 5-1606
§ 5-1606. Forestation level requirements
<Section effective until July 1, 2024. See, also, section 5-1606 effective July 1, 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:
(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:
(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.
(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.
(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.
Credits
Added by Acts 1991, c. 255, § 1, eff. July 1, 1991. Amended by Acts 1992, c. 22, § 1; Acts 1997, c. 559, § 2, eff. Oct. 1, 1997; Acts 2017, c. 794, § 1, eff. June 1, 2017; Acts 2017, c. 795, § 1, eff. June 1, 2017.
MD Code, Natural Resources, § 5-1606, MD NAT RES § 5-1606
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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