(a) Applicability. This section applies to afforestation and mitigation for clearing of forest or developed woodland for development on all lots located in the LDA and RCA.
(b) Forest mitigation for lots created before December 1, 1985. Forest clearing on lots in the critical area that were in existence before December 1, 1985 is subject to forest mitigation as follows.
(1) Lots one-half acre or less. Forest mitigation on lots that are one-half acre or less in size shall equal the area to be cleared.
(2) Lots greater than one-half acre. Forest mitigation on lots that are greater than one-half acre in size for clearing less than 20% shall equal the area to be cleared. Mitigation for clearing between 20% and 30% shall be calculated at a rate of 1.5 times the area to be cleared.
(c) Developed woodland mitigation for lots created before December 1, 1985. Developed woodland clearing on lots in the critical area that were in existence before December 1, 1985 is subject to developed woodland mitigation as follows.
(1) Lots one-half acre or less. Developed woodland mitigation on lots one-half acre or less in size shall equal the area to be cleared.
(2) Lots greater than one-half acre and up to one acre. Developed woodland mitigation on lots that are greater than one-half acre and up to one acre in size shall equal the area to be cleared.
(3) Lots greater than one acre. Developed woodland mitigation greater than one acre in size with less than 30% clearing shall equal the area to be cleared.
(d) Mitigation for subdivisions created after December 1, 1985. Mitigation for subdivisions created after December 1, 1985 for clearing less than 20% shall equal the area to be cleared. Mitigation for clearing between 20% and 30% shall be calculated at a rate of 1.5 times the area to be cleared.
(e) Mitigation for variances to clearing limitations. Mitigation for variances to the required clearing limitations shall be calculated at a rate of three times the additional area to be cleared granted by the variance decision.
(f) Mitigation for forest or developed woodland to be cleared. Mitigation for forest or developed woodland shall be undertaken in the following order of priority in accordance with COMAR, Title 27 and "The Green Book for the Buffer" published by the Critical Area Commission:
(1) onsite reforestation;
(2) offsite reforestation; or
(3) payment to the County of the fee required by Title 11, or, for land within the buffer or expanded buffer, as required by COMAR, Title 27.
(g) Afforestation on a site with less than 15% forest or developed woodland. For a site with less than 15% forest or developed woodland, afforestation shall occur to the extent required in the following table and be maintained through protective easements.
New subdivision or new development on a vacant lot | Afforestation equal to 15% of the site |
Substantial alteration, new lot with an existing dwelling unit or the conversion of a land use on a parcel or lot to another land use | Afforestation based on total lot coverage, not to exceed 15% of the site |
Addition or accessory structure | Afforestation based on net increase in lot coverage, not to exceed 15% of the site |
(h) Reforestation and afforestation planting. Reforestation and afforestation planting shall be established first within the 100-foot buffer, if feasible, and shall include a combination of native species of trees, shrubs, and ground cover approved by the Office of Planning and Zoning, or, for land within the buffer, in accordance with COMAR, Title 27. Reforestation and afforestation areas shall be placed under easement in accordance with § 17-8-901.
(i) Clearing in violation of the law. Forests, woodlands, woody vegetation, or individual non- hazardous trees cleared without a grading permit or other required approval, or in excess of allowed clearing limits, shall be replanted at three times the area of the cleared forest, woodlands or woody vegetation, and for individual trees cleared, three times the number of individual trees cleared, or a fee shall be paid at the rate set forth in Title 11, or, for land within the buffer, in accordance with COMAR, Title 27.
(j) Replacement planting. For land located within the buffer, forests, developed woodlands, woody vegetation, or individual trees that are replaced shall be in accordance with COMAR, Title 27. All other forests, woodlands, woody vegetation, or individual trees that are replaced shall:
(1) have trees with a trunk diameter of at least 1.5 inches as measured at 4.5 feet;
(2) have trees that are at least six feet high above ground level;
(3) include bushes and ground cover, and for individual trees replaced, shall include a minimum of three small shrubs (minimum 18" high) per tree replaced; and
(4) be replanted with native vegetation.
(Bill No. 3-05; Bill No. 93-12; Bill No. 76-13)