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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any term not defined in this subchapter 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, installation of 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.
APPLICANT. An individual, partnership, firm, corporation, or other entity that undertakes or participates in the activities covered by this subchapter.
BANK ESTABLISHMENT PLAN (BEP). A plan for establishment of a forest bank approved by the county consistent with the Technical Manual and pursuant to the requirements and priorities of this subchapter. If natural regeneration is incorporated in the plan, the plan must reflect the suitability of the location for regeneration and must include a plan for enhancement of and maintenance, removal and control of invasives, until regeneration proves successful.
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.
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 subchapter.
COMMERCIAL. Those zoning districts described in Chapter 158, Zoning, as C-1 or C-2 Districts and their corresponding zoning districts lying within the incorporated municipalities.
COMMERCIAL LOGGING. Those activities which result in the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.
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.
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 that on the date of application for a BEP was not in forest, or did not have a forest upon it, but following application, approval, and certification hereunder is placed in forest, to be used all or in part as credit against afforestation and/or reforestation that may be required as the result of later actions.
FOREST CONSERVATION. The retention of existing forest or the creation of new forest as regulated by this subchapter.
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 § 150.25.
FOREST CONSERVATION TECHNICAL MANUAL. The text adopted by the county as the companion document to assist in the preparation of plan submittals as required by this subchapter, referred to herein as the TECHNICAL MANUAL.
FOREST MANAGEMENT PLAN. The plan submitted by a landowner and approved by the Maryland Department of Natural Resources’ Project Forester establishing best management and conservation practices for a forested property, as detailed in the Technical Manual.
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 subchapter and the Technical Manual.
GROWING SEASON. The period defined in the Technical Manual.
HARDSHIP. The inability of a person to successfully comply with the provisions of this subchapter 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 subchapter.
INDUSTRIAL. Those zoning districts described in Chapter 158, Zoning, as I-1 or I-2 Districts and their corresponding zoning districts lying within the incorporated municipalities.
LINEAR PROJECT. A project whose configuration is elongated with equally parallel sides and used to transport a utility 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 § 150.25.
MARYLAND REGISTERED FORESTER. An individual licensed in this state as a professional forester according to Md. Code, Business Occupations and Professions Article, Title 7.
MUNICIPAL TREE MANAGEMENT PLAN. A locally implemented urban forest strategy which consists of the following criteria:
(1) An appointed Tree Board or Commission of no fewer than five members;
(2) A current inventory of all trees lying within the rights-of-way within the municipality and upon all grounds which are owned or maintained by the municipality;
(3) A municipal tree ordinance which stipulates the location of trees within the rights-of-way and in proximity to the utility lines and fixtures, acceptable species of trees, and the licensing of tree experts and arborists;
(4) A budgeted dedication of at least $2 per capita for the maintenance and planting of trees within the municipality;
(5) A hazard tree policy; and
(6) An annual Arbor Day observance.
NATURAL REGENERATION. The natural establishment of trees and other associated forest vegetation with at least 1,000 woody, free-to-grow seedlings per acre in a seven-year period, which are capable of reaching a height of at least 20 feet at maturity resulting in the establishment of a forest community.
NET TRACT AREA.
(1) Except in areas zoned for agriculture, commercial, business, industrial or those used for institutional purposes, the total area of a property, including the area to be developed and any nondeveloped area, and including both forested and nonforested areas, to the nearest one-tenth acre, reduced by the area found to be within the boundaries of the 100-year floodplain, unless disturbance will occur in the floodplain;
(2) In areas zoned for agriculture, that part of a property which will be developed, for which land use will be changed, or which will no longer be used for primarily agricultural activities, reduced by the area found to be within the boundaries of the 100-year floodplain, unless disturbance will occur in the floodplain; and
(3) For regulated activity other than subdivision, in areas zoned commercial, business, industrial, or those used for institutional purposes, the total area of the limits of disturbance. Institutional purposes include schools, colleges, universities, government offices, parks and facilities, fire stations, religious establishments, and hospitals.
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.
OFF SITE RESERVE. Land set aside for planting of reforestation or afforestation requirements off of the development site when higher priorities established in this subchapter are deemed impossible or impractical or when complying with those higher priorities would create an undue hardship.
OFF SITE RESERVE PLANTING PLAN. A plan for the establishment of an off site reserve approved by the county consistent with the Technical Manual and pursuant to the requirements of this subchapter.
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.
OVERSTORY. The portion of trees in a forest that form the uppermost layer or canopy.
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 AREAS. PRIORITY AREAS for forest conservation include:
(1) Stream buffers;
(2) Forest corridors;
(3) Forest buffers adjacent to critical habitats;
(4) Steep slopes of 25% or greater or slopes of 15% or greater with a Soil K value greater than 0.35;
(5) Buffers between areas of differing land uses; and
(6) Existing forests.
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 includes landscaping of areas under an approved landscaping plan that establishes a forest at least 35 feet wide and covering 2,500 square feet of area. 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:
(3) Any activity that requires a sediment control or grading permit; or
(4) A project plan of a political subdivision.
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, a tree having at least 75% of the diameter of the current state champion of that species, or a champion tree.
STREAM. A part of a watercourse either naturally or artificially created that contains intermittent or perennial base flow of groundwater origin, but not including a ditch that conveys surface runoff exclusively from storm events.
STREAM BUFFER. All lands lying within a variable distance measured from the top of each normal bank of any stream, and as defined in the Water Resource Management Manual (see Chapter 154).
SUBDIVISION. Any division of a parcel of land into two or more lots or parcels for the purpose, 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 25,000 square feet or greater of forest or developed woodland within a one year interval that disturbs 5,000 square feet or more of forest floor, but not including grubbing or clearing of the stumps and/or root mass. Forest floor includes but is not limited to minerals, soils, duff, and leaf litter.
TOTAL FARM RESOURCE MANAGEMENT SYSTEM (RMS) 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.
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.
UNDERSTORY. Herbaceous and woody plants growing under the tree canopy or overstory.
(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)
This section was also amended on July 1, 2007 by Chapter 614, 2007 Session Laws.