(a) Location. A small wind energy system or meteorological tower may not be located in areas designated as forest interior dwelling species (FIDS) habitats; habitat protection areas for rare, threatened and endangered species, species in need of conservation, or colonial water birds; or in natural heritage areas unless the applicant has obtained from the Maryland Department of Natural Resources Wildlife and Heritage Service a letter stating its recommendations for protection and conservation of the habitats. Applicants shall comply with all Department of Natural Resources recommendations for the preservation of habitats affected by the system.
(b) Requirements. If a small wind energy system or meteorological tower is approved for location in the 100-foot buffer or expanded buffer, the system shall comply with all of the following requirements.
(1) Clearing of forest, developed woodlands, and natural vegetation shall be limited to only the amount necessary for installation of the wind turbine.
(2) Mitigation shall be required at a ratio of 3:1 for the footprint of any new lot coverage associated with the wind turbine.
(3) Mitigation shall be required at a ratio of 3:1 for the limit of disturbance of any clearing of forests, developed woodlands and natural vegetation.
(4) Required mitigation shall be located on-site within the 100-foot buffer to the extent possible and shall be planted to provide a diverse natural habitat.
(5) A buffer management plan showing an offsite location for canopy tree replacement or a proposal for alternative site stocking that substitutes understory trees for required canopy trees may be approved by the Office of Planning and Zoning if the applicant demonstrates that all mitigation cannot be located on the property.
(6) If a small wind energy system or meteorological tower is removed, the buffer shall be replanted with native vegetation.
(c) Variances. A variance may not be granted for the mitigation requirements specified in subsection (b).
(Bill No. 39-10)