§ 8-1808.8. Forest and woodland areas, wetlands requirements
West's Annotated Code of MarylandNatural Resources
MD Code, Natural Resources, § 8-1808.8
§ 8-1808.8. Forest and woodland areas, wetlands requirements
(a) Except as provided in subsection (b)(2) of this section, each local jurisdiction in the Atlantic Coastal Bays Critical Area shall include in its local critical area protection program provisions requiring proposed development sites in intensely developed areas to provide a forest or developed woodland cover of at least 15% after development or a fee-in-lieu payment if the fee is adequate to ensure the restoration or establishment of an equivalent forest area.
(b)(1) Except as provided in paragraph (2) of this subsection, the provisions of this subtitle replace the requirements of the Forest Conservation Act provided under Title 5, Subtitle 16 of this article within the Atlantic Coastal Bays Critical Area.
(i) Development of a single lot for the purpose of constructing a dwelling intended for the use of the owner, or a child or grandchild of the owner, if the development does not result in the cutting, clearing, or grading of more than 40,000 square feet of forest, and the lot was legally recorded prior to July 31, 1994; or
(c) Each local jurisdiction in the Atlantic Coastal Bays Critical Area may include in its local critical area protection program:
(2) A provision applying buffer requirements to tributary streams located outside the critical area and within the Atlantic Coastal Bays Watershed that are noted as perennial and intermittent streams in the Atlantic Coastal Bays Watershed and that are so noted on the most recent U.S. Geological Survey 7-1/2 minute topographic quadrangle maps (scale 1:24,000) or on more detailed maps or studies at the discretion of the local jurisdiction; and
(d) On request, the Department shall assist a local jurisdiction in the preparation of:
(e) If a local jurisdiction adopts provisions consistent with subsection (c)(2) of this section, agricultural activities are permitted in the buffer outside the critical area and in the Atlantic Coastal Bays Watershed that are in accordance with Title 27 of the Code of Maryland Regulations under an approved soil conservation and water quality plan.
Credits
Added by Acts 2002, c. 433, § 1, eff. June 1, 2002.
MD Code, Natural Resources, § 8-1808.8, MD NAT RES § 8-1808.8
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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