Home Table of Contents

§ 5-1610.1. Forest mitigation banks, regulations

West's Annotated Code of MarylandNatural ResourcesEffective: June 1, 2021 to June 30, 2024

West's Annotated Code of Maryland
Natural Resources
Title 5. Forests and Parks (Refs & Annos)
Subtitle 16. Forest Conservation (Refs & Annos)
Effective: June 1, 2021 to June 30, 2024
MD Code, Natural Resources, § 5-1610.1
§ 5-1610.1. Forest mitigation banks, regulations
Currentness
<Section effective until July 1, 2024. See, also, section 5-1610.1 effective July 1, 2024.>
Regulations relating to forest mitigation banks
(a) The Department shall develop standards and adopt regulations for the creation and use of forest mitigation banks, including criteria for tracking, crediting, maintaining, bonding, and reporting mitigation bank activities.
Procedures adopted by local jurisdictions
(b) A local jurisdiction may develop procedures for establishing forest mitigation banks as part of its forest conservation program.
Mitigation banks in priority areas only
(c) Mitigation banks may be allowed only in priority areas as identified in § 5-1607(d) of this subtitle or as identified in a comprehensive plan adopted by a local jurisdiction.
Sequence for retention, reforestation, or afforestation
(d) The establishment of mitigation banks and their use may not alter the sequence for retention, reforestation, or afforestation on a development site as outlined in § 5-1607 of this subtitle.
Criteria for use of forest mitigation banks
(e) Criteria established by local or State programs for the use and establishment of forest mitigation banks shall include protection and conservation in perpetuity of forest mitigation banks consistent with reasonable management plans, through methods that include easements, covenants, or similar mechanisms that shall be in place at the time credits are withdrawn.
Construction of section
(f) This section may not be construed to require the Department or a local jurisdiction to:
(1) Establish or fund State or local mitigation banks;
(2) Fund the establishment of forest mitigation banking by the private sector; or
(3) Use State or local government land for forest mitigation banking.
Credits in mitigation bank
(g)(1) Credits in a mitigation bank may not be approved for debiting until construction or qualified conservation of the mitigation bank is complete.
(2) A mitigation bank that requires construction shall maintain sufficient credits in reserve to cover anticipated expenses of completion of the mitigation bank.

Credits

Added by Acts 1997, c. 559, § 2, eff. Oct. 1, 1997. Amended by Acts 2021, c. 645, § 2, eff. June 1, 2021.
MD Code, Natural Resources, § 5-1610.1, MD NAT RES § 5-1610.1
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.
End of Document