CHAPTER 150: FOREST CONSERVATION

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any term not defined in this chapter shall have the meaning as defined in any chapter of the County Code. Any term not defined in the County Code in any chapter shall have its generally accepted meaning.

AFFORESTATION. Establishment of a forest on an area from which forest cover has been absent for a long period of time; or planting of open areas which are not presently in forest cover.

AGRICULTURAL ACTIVITY. Farming activities, including plowing, tillage, cropping, construction of agricultural structures, installation of agricultural best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, Christmas tree plantations, nurseries, and other products cultivated as part of a recognized commercial enterprise.

AGRICULTURAL STRUCTURE. A structure used for the storage and/or processing of products produced on the farm where the structure is located, and livestock propagation. The agricultural structure is not to be used for human occupancy or be open to the general public for commercial, recreational, or other uses.

APPLICANT. An individual, partnership, firm, corporation, or other entity that undertakes or participates in the activities covered by this chapter.

BASAL AREA. The total cross-sectional area of trees per unit acre.

BEST MANAGEMENT PRACTICE (BMP). Conservation practices or systems of practices and management measures that:

(1) Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment; and

(2) Minimize adverse impacts to the surface water, groundwater flow and circulation patterns, and to their chemical, physical, and biological characteristics.

BUFFER. A regulated area left undisturbed adjacent to a specific natural feature or resource.

BUILDABLE LOT. Separately described parcel legally created in accordance with Chapter 158 or its predecessor law which allows or would have allowed, without a variance, the construction of a single-family dwelling; or in the "B-G", "B-NR", "I-G", or "l-R" District, allows or would have allowed, without a variance, the construction of a building to house any principal permitted use, The term does not imply that such lot has met or will meet Carroll County Health Department standards and requirements for water and sewer or other applicable government approvals which shall be obtained prior to the granting of a building permit.

CALIPER. The diameter of a tree measured at two inches above the root collar.

CHAMPION TREE. The largest tree of its species within the United States, the state, county, or municipality, as determined pursuant to the listing set forth in the Technical Manual.

CLEAR. The removal of any woody plant, wherein the stump and root mass are physically removed.

CLEAR-CUT. Logging or timber harvesting, for any purpose, that results in the affected wood lot being reduced to a state that no longer meets the definition of a forest as set forth in this chapter.

COMMERCIAL. Those zoning districts described in Chapter 158, Zoning, as Commercial and their corresponding zoning districts lying within the incorporated municipalities.

COUNTY. The Board of Commissioners of Carroll County or its designee; the Department of Land and Resource Management, or its successor agency.

COUNTY ROAD. A roadway financed or maintained by the county.

CUT. The removal of any woody plant, wherein the stump and root mass remain in place and intact.

DEVELOPER. A person who engages in development or who owns property upon which a development is proposed or accomplished.

DEVELOPMENT. The subdivision of land and those divisions referred to as off conveyances, and/or any change to improved or unimproved real estate, including but not limited to construction; reconstruction; structural alterations; relocation or enlargement of any structure, road, driveway or appurtenance; grading; dredging; filling; paving; clearing; excavation; dumping; extraction or storage of soil or minerals; the storage of equipment or material.

DISTURBANCE. Any activity on a development site requiring the cutting of trees, clearing, grading, grubbing, excavating, filling, or otherwise modifying the existing topography or forested features. (see limit of disturbance definition for more information)

EASEMENT. A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which is included in the conveyance of land.

FOREST. A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. This area must have a tree density of at least 100 living trees per acre with at least 50% of those trees having a two-inch or greater diameter at four and one-half feet above the ground. A FOREST may include duff, leaf litter, understory, and forest areas that have been cut but not cleared. FOREST does not include orchards or Christmas tree plantations.

FOREST BANK. An area of land which has been intentionally afforested or reforested for the express purpose of providing credits for reforestation requirements.

FOREST BANK PLAN. A plan submitted for approval of a forest bank.

FOREST CONSERVATION. The retention of existing forest or the creation of new forest as regulated by this chapter.

FOREST CONSERVATION AND MANAGEMENT AGREEMENT. An agreement regarding forest management as provided for in the Md. Code, Tax-Property Article, § 8-211.

FOREST CONSERVATION PLAN (FCP). The component of the development plan which ensures that forest retention, reforestation, or afforestation will be accomplished pursuant to this chapter.

FOREST MANAGEMENT PLAN. A plan prepared by a Maryland licensed forester establishing best conservation and management practices for a forested property.

FOREST STAND DELINEATION (FSD). The description of the existing natural features and vegetation on a site proposed for development, prepared according to the requirements of this chapter and the Technical Manual.

GROWING SEASON. The period of consecutive frost-free days as stated in the current USDA Soil survey for Carroll County.

HARDSHIP. The inability of a person to successfully comply with the provisions of this chapter relative to any regulated activity as a result of specific conditions existing on that site that severely restrict opportunities for mitigation while at the same time do not achieve the goals of this chapter.

INDUSTRIAL. Those zoning districts described in Chapter 158, Zoning, as Industrial and their corresponding zoning districts lying within the incorporated municipalities.

INSTITUTIONAL DEVELOPMENT AREA. Schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, fire stations, hospitals, religious establishments, golf courses, recreation areas, parks, and cemeteries.

LIMIT OF DISTURBANCE (LOD). The boundary of disturbance. For the purposes of this chapter, the limit of disturbance shall include:

(1) The foundation of any proposed dwelling plus a setback of at least 60 feet from the outside perimeter of the foundation. If a prior dwelling was demolished and the proposed dwelling is being constructed on essentially the same footprint, the 60 foot setback does not apply;

(2) The foundation of any proposed accessory structure;

(3) The proposed septic area including initial and replacement areas;

(4) The proposed driveway;

(5) Any other proposed grading or disturbance;

(6) Any existing, non-permitted disturbance occurring after the effective date of this chapter (December 8, 1992).

LINEAR PROJECT. A project whose configuration is elongated with nearly parallel sides and used to transport a utility product or public service not otherwise contained in an application for subdivision such as electricity, gas, water, sewer, communications, railways, county roads, and other vehicular distribution systems. Such projects may traverse fee simple properties through defined boundaries or through easement rights.

LOT. A portion of a subdivision or a parcel of land intended for sale, lease, or building development.

MAINTENANCE AGREEMENT. The short-term management agreement associated with afforestation or reforestation plans required by § 150.11.

MARYLAND LICENSED FORESTER. An individual licensed in this state as a professional forester according to Md. Code, Business Occupations and Professions Article, Title 7.

NATURAL REGENERATION. The natural establishment of trees and other associated forest vegetation with at least 1,000 woody, free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.

NET TRACT AREA.

(1) For subdivision, if the available lot yield on a property is being fully realized, the net tract area shall be the total area of the property. If not, the net tract area shall be at least that part of the property where a new lot or lots are created.

(2) For subdivision resulting in a remainder, remaining portion, or resulting land, the net tract area shall be that part of the property which will be developed, for which land use will be changed, or which will no longer be used for primarily agricultural activities.

(3) For regulated activity other than subdivision, the net tract area shall be that part of the property which will be developed or which land use will be changed.

(4) Any non-lot areas subject to a limit-of-disturbance shall also be included in the net tract area. This does not include septic repairs or replacement areas for existing structures.

(5) Existing forest being retained in an easement must be included in the net tract area.

NONTIDAL WETLAND. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as “hydrophytic vegetation”. The determination of whether an area is considered a nontidal wetland shall be made in accordance with the publication known as the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.

OFF SITE. An area not located within the net tract area of the site on which the regulated activity is proposed, is occurring, or has occurred.

ON SITE. The area located within the net tract area of the site on which the regulated activity is proposed, is occurring, or has occurred.

ONE HUNDRED-YEAR FLOODPLAIN. An area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying flood waters during a 100-year frequency storm event. A 100-YEAR FLOOD is a flood that has a 1% chance of being equaled or exceeded in any given year, as determined by the National Oceanographic and Atmospheric Administration and the National Weather Service.

PERSON. Includes the federal government, the state, any county, municipal corporation, or other political subdivision of the state, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

PRIORITY FUNDING AREA. An area certified by the local government as a designated growth area and as recognized by the Maryland Department of Planning. A PRIORITY FUNDING AREA may be designated village, industrially zoned land, or an area satisfying the criteria outlined in Md. Code, State Finance and Procurement Article, Title 5, Subtitle 7B.

PUBLIC UTILITY. Any transmission line or electric generating station; or water, sewer, electric, gas, telephone, or television cable service line.

QUALIFIED PROFESSIONAL. An individual who meets the requirements of the Maryland Department of Natural Resources Forest Service pursuant to COMAR 08.19.06.01.

REFORESTATION or REFOREST. The creation of a biological community dominated by trees and other woody plants containing at least 100 live trees per acre, with at least 50% of those trees having the potential of attaining a two-inch or greater diameter measured at four and one-half feet above the ground, within seven years. REFORESTATION for a linear project involving overhead transmission lines may consist of a biological community dominated by trees and woody shrubs with no minimum heights or diameter criteria.

REGULATED ACTIVITY. Any of the following:

(1) Subdivision;

(2) Grading;

(3) Any activity that requires a sediment control or grading permit; or

(4) Any activity that requires a building permit.

REMAINDER. The portion of a tract remaining after one or all eligible off conveyances have been created.

REMAINING PORTION. In the A (Agricultural) District, the land remaining after residential subdivision lots have been created from a legally established parcel of land through the subdivision process.

RESOURCE MANAGEMENT SYSTEM PLAN. A combination of conservation practices that when applied will meet or exceed the minimum quality criteria for all identified resource concerns on the entire farm. The Carroll Soil Conservation District identifies the resource concerns and approves and/or writes the plan.

RESULTING LAND. The land derived from the reduction of lot sizes when clustering pursuant to Chapter 155, which shall constitute a single lot.

RETENTION. The deliberate holding and protecting of existing trees, shrubs, or plants on the site according to standards established in the Technical Manual.

SPECIMEN TREE. A tree having a diameter of 30 inches or more measured at four and one-half feet above the ground, or a tree having at least 75% of the diameter of the current state champion tree of that species as designated by the Maryland Department of Natural Resources.

STREAM. A part of a water conveyance, either naturally or artificially created, that contains intermittent or perennial base flow of groundwater origin, but not including a ditch, pipe, or other structure that conveys surface runoff exclusively from storm events.

STREAM BUFFER. Fifty feet plus two feet for each percent of land slope measured perpendicular to the stream, from the edge of bank to 100 feet from the edge of bank. Wetland areas and steep slopes equal to or greater than 25% may not be counted to satisfy the required buffer width.

STREAM RESTORATION PROJECT. An activity that:

(1) Is designed to stabilize stream banks or enhance stream functions or habitat located within an existing stream, waterway, or floodplain;

(2) Avoids and minimizes impacts to forests and provides for replanting on-site an equivalent number of trees to the number removed by the project;

(3) May be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the state or local government to achieve or maintain water quality standards; and

(4) Is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with proposed development activity.

SUBDIVISION. Any division of a parcel of land into two or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership, sale, lease, or development, including those divisions referred to as off conveyances.

TECHNICAL MANUAL. The Carroll County Forest Conservation Technical Manual.

TIMBER HARVESTING. A tree-cutting operation affecting one or more acres of forest or developed woodland within a one year interval that disturbs 5,000 square feet or more of forest floor, but does not include grubbing or clearing of stumps or root mass.

TREE. A large, woody plant having one or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.

(2004 Code, § 115-1) (Ord. 98-4, passed 11-18-1998; Ord. 02-03, passed 3-14-2002; Ord. 03-04, passed 1-30-2003; Ord. 04-05, passed 4-1-2004; Ord. 06-08, passed 6-2-2006; Ord. 07-08, passed 5-3-2007; Ord. 2011-03, passed 5-17-2011; Ord. 2019-09, passed 12-12-2019; Ord. 2022-11, passed 8-25-2022)

Editor’s note:

This section was also amended on July 1, 2007 by Chapter 614, 2007 Session Laws.

§ 150.02 APPLICABILITY.

(A) Except as provided in division (B) of this section, this chapter applies to:

(1) Regulated activity on areas 40,000 square feet or greater;

(2) For subdivision, "areas" refers to the total size of the newly created, buildable lot or lots;

(3) For timber harvesting, "areas" refers to the size of the area being harvested;

(4) For all other regulated activity, "areas" refers to the area of disturbance or limit of disturbance. If multiple regulated activities related to the same property occur within a one year period, cumulative disturbance shall be assessed;

(5) Regulated activity that results in the cutting, clearing, or grading of more than 20,000 square feet of forest. If multiple regulated activities related to the same property occur within a one year period, the cumulative cutting, clearing and grading of forest shall be assessed.

(B) Exemptions. This chapter does not apply to:

(1) Highway construction activities under Md. Code, Natural Resources Article, § 5-103.

(2) Commercial logging and timber harvesting operations, including harvesting conducted subject to the forest conservation and management program under Md. Code, Tax-Property Article, § 8-211, that does not result in a clear-cut, provided that the property:

(a) Has not been the subject of application for a grading permit for development within seven years after the logging or harvesting operation; and

(b) Is the subject of timber harvest plan prepared by a Maryland licensed forester and a declaration of intent as provided for in § 150.03 of the chapter, and approved by the county; or

(c) Is the subject of a forest management plan developed for the entire tract, prepared by a Maryland licensed forester, which outlines management practices needed to meet the stated objectives for a minimum of five years.

(3) Agricultural activities that disturb less than 20,000 square feet of forest. A person engaging in an agricultural activity clearing 20,000 square feet or greater of forest, within a one-year period, shall receive an agricultural exemption only if the activity is included in a resource management system plan and the person files a declaration of intent as provided for in § 150.03, which includes:

(a) A statement that the landowner will practice agriculture on that portion of the property for seven years from the date of the declaration; and

(b) A scaled drawing of the area to be cleared.

(4) The cutting or clearing of public utility rights-of-way licensed under Md. Code, Public Utility Companies, §§ 7-207 and 7-208 or 7-205, or land for electric generating stations licensed under Md. Code, Public Utility Companies, §§ 7-207 and 7-208 or 7-205, if:

(a) Required certificates of public convenience and necessity have been issued in accordance with Md. Code, Natural Resources Article, § 5-1603(f); and

(b) Cutting or clearing of the forest is conducted to minimize the loss of forest.

(5) Routine maintenance or emergency repairs of public utility rights-of-way licensed under Md. Code, Public Utility Companies, §§ 7-207 and 7-208 or 7-205.

(6) Except for a public utility subject to § 150.02(B)(5) of this chapter, routine maintenance or emergency repairs of a public utility right-of-way if:

(a) The right-of-way existed before the effective date of this chapter; or

(b) The right-of-way's initial construction was approved under this chapter.

(7) A residential construction activity, conducted on an existing single lot of any size, of record at the time of application, provided that the activity:

(a) Does not result in the cumulative cutting, clearing, or grading of more than 20,000 square feet of forest;

(b) Does not result in the cutting, clearing, or grading of any forest that is subject to the requirements of a previous forest conservation plan approved under this chapter; and

(c) Is the subject of a declaration of intent filed with the county, as provided for in § 150.03, stating that the lot will not be the subject of another regulated activity within seven years of the cutting, clearing, or grading of forest. If the lot contains less than 20,000 square feet of forest or if no forest is being cleared, a declaration of intent is not required.

(8) Strip or deep mining of coal regulated under Md. Code, Environment Article, Title 15, Subtitles 5 or 6.

(9) Noncoal surface mining regulated under Md. Code, Environment Article, Title 15, Subtitle 8.

(10) Clear-cut logging, provided that:

(a) Silvicultural justification in the form of a forest management plan has been provided by a Maryland licensed forester and accepted by the county;

(b) The property has not been the subject of application for a grading permit for development for seven years after the logging occurs; and

(11) Regulated activity that is the result of a federal or state regulatory order intended to force corrective action, or that may be a result of the inaction of an activity under the voluntary compliance or brownfields redevelopment programs.

(12) Land transfers by an owner of a working farm for the purpose of constructing a dwelling house intended for the use of a child of the owner, if the activity:

(a) Does not result in the cumulative cutting, clearing, or grading of more than 20,000 square feet of forest; and

(b) Is the subject of a declaration of intent filed with the county, as provided in § 150.03, which states that transfer of ownership may result in loss of exemption.

(13) A linear project conducted by a public utility, a municipality, or by the county, provided that the activity:

(a) Does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; and

(b) Does not result in the cutting, clearing, or grading of any forest that is subject to the requirements of a previous forest conservation plan approved under this chapter.

(14) Subdivision in connection with a real estate transfer to provide a security, leasehold, or other legal or equitable interest, including a transfer of title, of a portion of a lot or parcel, if:

(a) The transfer does not involve a change in land use, or new development or redevelopment, with associated land disturbing activities; and

(b) Both the grantor and grantee file a declaration of intent, as provided for in § 150.03.

(15) Development occurring on a previously developed site, located in the priority funding area, and the proposed net tract area is at least 80% covered by existing, impervious surface.

(16) Maintenance or retrofitting of a storm water management structure that may include clearing of vegetation or removal or trimming of trees, if the maintenance or retrofitting is within the original limits of disturbance for construction of the existing structure, within any maintenance easement for access to the structure, or part of a Chesapeake Bay TMDL Watershed Implementation Plan (WIP).

(17) A stream restoration project, as defined in § 150.01 of this chapter, for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least five years with the affected property owner or owners.

(18) Regulated activity on a subdivision lot previously exempted from this chapter, provided that the subdivision was granted preliminary approval before the effective date of this chapter (December 8, 1992).

(19) Regulated activity on a subdivision lot previously exempted from this chapter, provided that the amount of forest clearing proposed does not exceed ilie amount of forest clearing shown on the previously approved exemption plan.

(2004 Code, § 115-2) (Ord. 98-4, passed 11-18-1998; Ord. 02-03, passed 3-14-2002; Ord. 03-04, passed 1-30-2003; Ord. 04-05, passed 4-1-2004; Ord. 07-08, passed 5-3-2007; Ord. 2010-03, passed 4-1-2010; Ord. 2011-03, passed 5-17-2011; Ord. 2022-11, passed 8-25-2022)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc