Development may not occur within a nontidal wetland or within a 25-foot buffer of a nontidal wetland, except that commercial harvesting of trees is permitted if sound silvacultural methods are used, the harvesting is undertaken in accordance with a forest management plan approved by the State, and the following requirements are met:
(1) the harvesting utilizes forest harvest best management practices recognized by State forest programs;
(2) mitigation is done onsite through revegetation methods contained within the approved plan; and
(3) any clear cutting is approved as part of the approved plan.
(Bill No. 3-05; Bill No. 10-23)