§ 5-1603. Local forest conservation programs
West's Annotated Code of MarylandNatural ResourcesEffective: October 1, 2013 to June 30, 2024
Effective: October 1, 2013 to June 30, 2024
MD Code, Natural Resources, § 5-1603
§ 5-1603. Local forest conservation programs
<Section effective until July 1, 2024. See, also, section 5-1603 effective July 1, 2024.>
(a)(1) A unit of local government having planning and zoning authority shall develop a local forest conservation program, consistent with the intent, requirements, and standards of this subtitle.
(b)(1) By July 1, 1992, the Department shall either approve a proposed local forest conservation program as submitted by the local authority or provide a written notice of program elements needing revision.
(c)(1) All units of local government with planning and zoning authority shall submit to the Department, by December 31, 1992, their adopted forest conservation program which meets or is more stringent than the requirements and standards of this subtitle.
(d) Failure to submit a proposed local forest conservation program under subsection (a) of this section or failure to adopt a program approved by the Department prior to December 31, 1992, under subsection (b) of this section shall result in the Department's assumption of review and approval of all forest conservation plans within the jurisdiction of that local authority.
(e)(1)(i) The Department shall conduct a review of each local authority's program at least once every 2 years from the date of initial departmental approval.
2. On a finding by an auditor made in consultation with the Office of the Attorney General that a local authority has misappropriated local forest conservation funds, the Department may require the local authority to submit payment to the State Conservation Fund for the amount of any misappropriated local conservation funds; and
(f) After December 31, 1992, the Public Service Commission shall give due consideration to the need to minimize the loss of forest and the provisions for afforestation and reforestation set forth in this subtitle together with all applicable electrical safety codes, when reviewing applications for a certificate of public convenience and necessity issued pursuant to § 7-204, § 7-205, § 7-207, or § 7-208 of the Public Utilities Article.
(g) A local authority or the Department in its administration of a State forest conservation program in jurisdictions which do not have an approved local program in effect may establish reasonable and appropriate procedures for the recovery of all costs incurred in the development, implementation, administration, and enforcement of the local forest conservation program or the State forest conservation program for jurisdictions without an approved forest conservation program.
Credits
Added by Acts 1991, c. 255, § 1, eff. July 1, 1991. Amended by Acts 1992, c. 22, § 1; Acts 1993, c. 489; Acts 1994, c. 556, § 1, eff. Oct. 1, 1994; Acts 1997, c. 559, § 2, eff. Oct. 1, 1997; Acts 1998, c. 653, § 1, eff. Oct. 1, 1998; Acts 2009, c. 298, § 1, eff. Oct. 1, 2009; Acts 2010, c. 52, § 1, eff. Oct. 1, 2010; Acts 2013, c. 384, § 3, eff. Oct. 1, 2013.
MD Code, Natural Resources, § 5-1603, MD NAT RES § 5-1603
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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