(a) Amount required. The amount of reforestation required under this subtitle shall be determined (a) Amount required. The amount of reforestation required under this subtitle shall be determined according to the amount of existing forest cover cleared in relation to the forest conservation threshold for the site. For purposes of this section, the term "site" means any lot or parcel of land, or combination of lots or parcels of land, that are contiguous and being developed as part of a common subdivision or project, but not including any area comprising a 100-year floodplain. The forest conservation thresholds are as shown in the following chart:
LAND USE TYPE | SITES 5 ACRES OR LESS IN SIZE IN A TARGETED GROWTH AREA, INSIDE A PRIORITY FUNDING AREA, OR OUTSIDE A PRIORITY FUNDING AREA | SITES GREATER THAN 5 ACRES IN SIZE INSIDE A TARGETED GROWTH AREA | SITES GREATER THAN 5 ACRES IN SIZE INSIDE A PRIORITY FUNDING AREA | SITES GREATER THAN 5 ACRES IN SIZE OUTSIDE A PRIORITY FUNDING AREA |
Agricultural and resource areas | 50% of the site | 50% of the site | 50% of the site | 50% of the site |
Medium density residential areas | 25% of the site | 25% of the site | 30% of the site | 40% of the site |
Institutional development areas | 20% of the site | 20% of the site | 20% of the site | 20% of the site |
High density residential areas | 20% of the site | 20% of the site | 25% of the site | 35% of the site |
Mixed use development areas or planned unit development areas | 15% of the site | 15% of the site | 20% of the site | 30% of the site |
Commercial or industrial areas | 15% of the site | 15% of the site | 20% of the site | 30% of the site |
(b) Retention above the threshold. If existing forest cover is cut or cleared and the remaining forest cover is above the forest conservation threshold, the site shall be reforested at a ratio of one-half acre planted for each acre of forest cover cut or cleared except that each acre of the site remaining in forest cover above the forest conservation threshold shall be a credit against the amount of reforestation required.
(c) Retention below the threshold. If existing forest cover is cut or cleared and remaining forest cover is below the forest conservation threshold, the site shall be reforested at a ratio of two acres planted for each acre of forest cover cut or cleared below the forest conservation threshold and one-half acre planted for each remaining acre of forest cover cut or cleared above the forest conservation threshold.
(Bill No. 3-05; Bill No. 68-19)