AFFORESTATION. The establishment of forest cover on an area from which it has always or very long been absent, or the planting of open areas that are not presently in forest cover.
AFFORESTATION THRESHOLD. The percentage of a net tract area up to which establishment of forest is required if the existing forest area is less than the threshold, as determined by the land use category.
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, nursery, and other products cultivated as part of a recognized commercial enterprise.
AGRICULTURAL AND RESOURCE AREAS. Areas within Frederick County zoned Resource Conservation or Agriculture.
APPLICANT. A person who is applying for subdivision, or site plan, or project plan approval; or a grading or sediment and erosion control permit; or who has received approval of a forest stand delineation or forest conservation plan, and who has ownership interests in the property.
APPROVED FOREST MANAGEMENT PLAN. A document:
(1) Approved by the Department of Natural Resources Project forester assigned to the county in which the property is located; and
(2) That operates as a protective agreement for forest conservation as described in Md. Code Ann., Natural Resources Article, § 5-1607(E).
BASAL AREA. The total cross-sectional area of trees per unit area, which may be measured using a plotless method such as “basal-area-factor-prism,” or may be calculated from the “diameter-at breast- height” measurements of all trees within a plot.
CALIPER. The diameter of a tree measured at 2 inches above the root collar.
CHAMPION TREE. The largest tree of its species within the United States, the state, county, or municipality, as listed in an established register of big trees.
CLEAR-CUT. A timber harvest operation that results in the complete or nearly complete removal of trees from a forested area, leaving the stumps and root mass intact.
CLEARING. The complete removal of trees from a forested area, including the removal of stumps and part or all of the root mass.
COMMERCIAL AND INDUSTRIAL AREAS. Areas within Frederick County zoned Village Center, Commercial, Highway Services, General Commercial, Office Research Industrial, Limited Industrial or General Industrial.
COMMERCIAL LOGGING OR TIMBER HARVESTING OPERATIONS. The cutting and removing of tree stems from a site for purposes other than personal use of the owner, leaving the root mass intact.
CONSERVATION THRESHOLD. The percentage of the net tract area at which the reforestation requirement changes from a ratio of one- quarter acre planted for every 1 acre removed, to a ratio of 2 acres planted for every 1 acre removed, which varies by the land use category.
COUNTY. Frederick County, Maryland.
COUNTY COUNCIL. County Council of Frederick County, Maryland.
COUNTY EXECUTIVE. County Executive of Frederick County, Maryland.
COUNTY GOVERNING BODY. County Council and County Executive of Frederick County, Maryland.
CRITICAL HABITAT FOR ENDANGERED SPECIES. A habitat occupied by an endangered species as determined or listed under Md. Code Ann., Natural Resources Article, §§ 4-2A-04 and 10-2A-04.
CRITICAL HABITAT AREA. A critical habitat for endangered species and its surrounding protection area. A critical habitat area shall:
(1) Be likely to contribute to the long-term survival of the species;
(2) Be likely to be occupied by the species for the foreseeable future; and
(3) Constitute habitat of the species that is considered critical under Md. Code Ann., Natural Resources Article, §§ 4-2A-04 and 10-2A-06.
CUTTING. The felling of a tree or trees above the root collar, leaving the stump and root mass intact.
DECLARATION OF INTENT. A signed and notarized statement by a landowner certifying that the activity on the subject property:
(1) Is for purposes exempted under this chapter or Md. Code Ann., Natural Resources Article, §§ 5-1601 through 5-1612; and
(2) Will not circumvent the requirements of this chapter or Md. Code Ann., Natural Resources Article, §§ 5-103 and 5-1601 through 5-1612.
DEPARTMENT. The Frederick County Division of Planning and Permitting, and any successor to this division.
DEPARTMENT OF NATURAL RESOURCES. The Maryland State Department of Natural Resources.
DEVELOPMENT PROJECT.
(1) Any subdivision, including agricultural-zoned remainders of less than 25 acres; or
(2) When no subdivision is proposed, the area of grading and construction activities occurring on 1 or more contiguous tracts under the ownership or control of the same person, that together comprise 40,000 square feet or greater, or a site plan having a net tract area 40,000 square feet or greater, or a site plan that generates a forest mitigation requirement of 250 square feet or greater.
DEVELOPMENT PROJECT COMPLETION.
(1) The release of the financial guarantee for the development project, if required;
(2) Acceptance of the project streets, utilities and public services by the county; or
(3) Designation by the Department that a particular stage of a staged development project has been completed.
FLOODPLAIN. All those areas described in the Frederick County Zoning Ordinance, § 1-19-9.100, as amended, including the 100 year floodplain.
FOREST. A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater, and not less than 35 feet in width.
(1) FOREST includes:
(a) Areas that have at least 100 trees per acre with at least 50% of those trees having a 2 inch or greater diameter at 4.5 feet above the ground; and
(b) Areas that have been cut, but not cleared.
(2) Forest does not include orchards or active Christmas tree farms.
FOREST CONSERVATION. The retention of existing forest or the creation of new forest at the levels set by the county.
FOREST CONSERVATION AND MANAGEMENT AGREEMENT. An agreement as stated in the Md. Code Ann., Tax-Property Article, § 8-211.
FOREST CONSERVATION PLAN. A plan that has been approved by the Department pursuant to Articles III and IV of this chapter and that follows specification and standards in the TECHNICAL MANUAL.
FOREST COVER. The area of a site meeting the definition of FOREST.
FOREST IMPROVEMENTS. All requirements for protecting, planting, maintaining, and enhancing forest, trees, and shrubs as shown on an approved FOREST CONSERVATION PLAN.
FOREST IMPROVEMENTS AND PROTECTION AGREEMENT (FIPA). The management agreement associated with forest improvements required under Md. Code Ann., Natural Resources Article, § 5-1605.
FOREST MANAGEMENT PLAN. A plan establishing best conservation and management practices for a landowner in development of the resource values of forested property.
FOREST STAND DELINEATION. The forest data for a development project that utilizes methodology for evaluating the existing vegetation as provided in the TECHNICAL MANUAL.
FORESTATION. AFFORESTATION or REFORESTATION, as defined in this section.
FORESTED SLOPE. An area meeting the definition of forest and growing on an area with a slope of 25% or more and covering an area of at least 10,000 square feet.
FREDERICK COUNTY FOREST CONSERVATION TECHNICAL MANUAL. The State Forest Conservation Technical Manual, Third Edition, 1997, as it may be amended.
GROWING SEASON. The period of consecutive frost-free days as stated in the current soil survey for Frederick County, published by the National Cooperative Soil Survey Program, 16 U.S.C. 590(a)-(f).
HIGH DENSITY RESIDENTIAL AREAS. Areas within Frederick County zoned R-3, R-5, R-8, R-12, R-16, or Mobile Home Park.
HYDROLOGICALLY-SENSITIVE AREAS. All floodplain area described in the Frederick County Zoning Ordinance, § 1-19-9.100, as amended, which includes 100 year floodplain and wetlands; any perennial or intermittent stream; any field-identified spring discharge points; any bodies of standing water; or any of the buffers described in § 1-19-9.110 of the Zoning Ordinance, as amended.
INSTITUTIONAL USE AREA. Schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, churches, or cemeteries that are permitted in various zoning districts.
INTERMITTENT STREAM. A stream that has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from precipitation is a supplemental source of water for stream flow. These streams are identified through field verification and as approved by the Department. The most recent county hydrography layer may be used as a guide for the preliminary establishment of possible watercourses.
LANDSCAPING PLAN. A plan:
(1) Drawn to scale, showing dimensions and details for reforesting an area at least 35 feet wide and covering 2,500 square feet or greater in size;
(2) Using native or indigenous plants when appropriate; and
(3) That is made part of an approved forest conservation plan.
LICENSED FORESTER. A person licensed to practice forestry in the State of Maryland under Md. Code Ann., Title 7 of the Business Occupations and Professions Article.
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, trains, and vehicles.
LINEAR PROJECTS may traverse fee simple properties through defined boundaries or through easement rights.
LOCAL AGENCY. Each unit in the executive branch of the county or municipal government, including the Community Development Division.
LOT. A parcel of land, where the boundaries have been established by deed descriptions or established as a result of a previous addition or subdivision of a larger parcel, and that will not be the subject of further subdivision, as defined by Md. Code Ann., Natural Resources Article, § 5-1601 and this chapter without an approved forest stand delineation and forest conservation plan.
MEDIUM DENSITY RESIDENTIAL AREAS. Areas within Frederick County zoned R-1 or areas within Agriculture or Resource Conservation cluster developments.
MIXED USE DEVELOPMENT. Areas within Frederick County zoned Planned Unit Development (PUD) or Mixed Use Development (MXD).
MODIFICATION. Relief from this chapter; it does not mean a zoning variance.
NATURAL REGENERATION. The natural establishment of trees and other vegetation with at least 400 woody, free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.
NET TRACT AREA. The total area of a tract or development project, including both forested and nonforested areas, to the nearest one one-hundredth acre, reduced by the following areas:
(1) Rights-of-way established for public roads and public utilities existing prior to the effective date of this chapter;
(2) Permanent, surface water bodies;
(3) Floodplain that is not to be developed may also be exempted, at the discretion of the applicant; and
(4) In Agriculture and Resource Conservation zones, and as provided in § 1-21-41(C)(2), the areas of land use that will not be changed or intensified in land use.
NONHAZARDOUS TREE. A tree that is not considered unsafe due to 1 of the following:
(1) A combination of a structural defect and a target:
(a) A structural defect that predisposes the tree to failure, in whole, or in part, including, but not limited to: large basal cavity, trunk rot, cracks, breaks, splits, unusual branching structure, improper pruning and top-heavy conditions;
(b) A target, such as a structure, road, walkway, campsite or other area where human occupation or pedestrian activity is likely to occur;
(2) Interference with routine activities of people or built structures, such as, but not limited to, obstructing motorists’ vision, raising sidewalks, attracting lightning, and disrupting utilities.
NONTIDAL WETLANDS.
(1) An area that is inundated or saturated by surface 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.
(2) An area considered a nontidal wetland in accordance with the publication known as the “Federal Manual for Identifying and Delineating Jurisdictional Wetlands,” published in 1987 and as may be amended and interpreted by the U.S. Environmental Protection Agency.
OFF-SITE. Areas outside of the net tract area or the development project.
ON-SITE. The area within the net tract area or the development project.
PERENNIAL STREAM. A stream that has flowing water year-round during a typical year. The water table is located above the streambed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from precipitation is a supplemental source of water for stream flow. These streams are identified through field verification and as approved by the Department. The most recent county hydrography layer may be used as a guide for the preliminary establishment of possible watercourses.
PERMITTEE. Any person to whom a building or grading permit has been issued.
PERSON. The federal government, the state, a 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 of their affiliates, or any other entity.
PLANNED UNIT DEVELOPMENT. Areas within Frederick County zoned Planned Unit Development (PUD) or Mixed Use Development (MXD).
PRIORITY AREAS. Areas listed in § 1-21-40(B)(1), that are most highly valued for conservation or forestation, and that take precedence over other areas for conservation or forestation purposes.
PRIORITY FUNDING AREA. An area designated as a priority funding area under Md. Code Ann., Finance and Procurement Article, § 5-7B-02 .
PROJECT PLAN. A construction, grading or sediment control activity on an area of 40,000 square feet or greater by a local agency.
PUBLIC UTILITY.
(1) The transmission lines and the electric generating stations licensed under Md. Code Ann., Public Utilities Article, §§ 7-204, 7-205, 7-207, and 7-208; and
(2) Water, sewer, electric, gas, and telephone service lines.
REFORESTATION. The planting of trees and/or shrubs to replace forest that has been or is proposed
to be removed; the creation of a biological community dominated by trees and other woody plants containing at least 100 trees per acre with at least 50% of those trees having the potential of attaining a 2 inch or greater diameter measured at 4.5 feet above the ground, within 7 years; and includes landscaping of areas under an approved landscaping plan establishing a forest at least 35 feet wide and covering 2,500 square feet of area.
REGULATED ACTIVITY. Any of the following activities:
(1) Subdivision;
(2) Site plan development;
(3) Grading;
(4) An activity that requires a sediment and erosion control permit; or
(5) Project plan of a local agency.
RETENTION. The deliberate holding and protecting of existing trees, shrubs or plants on the site according to established standards as provided in the TECHNICAL MANUAL.
SEDIMENT CONTROL PERMIT. The authorization of an activity regulated under a sediment control plan as provided in Md. Code Ann., Environment Article, Title 4.
SEEDLING. An unbranched woody plant, less than 24 inches in height and having a caliper of less than one-half inch.
SELECTIVE CLEARING. The careful and planned removal of trees, shrubs, and plants using specific standards and protection measures under an approved FOREST CONSERVATION PLAN.
SITE PLAN. A development plan as defined in and required by the Frederick County Zoning Ordinance, Chapter 1-19.
SPECIMEN TREE. A tree having diameter measured at 4.5 feet above the ground of:
(1) Thirty inches or greater; or
(2) Seventy-five percent of the diameter of the current state, county, or municipal champion tree of that species as designated by the Department of Natural Resources, or the county, or the applicable municipality.
STANDARD FOREST DENSITY. A forest that has at least 100 trees per acre with at least 50% of those trees having a 2 inch or greater diameter at 4.5 feet above the ground.
STREAM BUFFER. All lands lying within 50 feet, measured from the top of each normal bank of a perennial or intermittent stream.
STREAM RESTORATION PROJECT. An activity that:
(1) Is designed to stabilize stream banks or enhance stream function or habitat located within an existing stream, waterway, or floodplain;
(2) Avoids and minimizes impacts to forests and provides for replanting on-site a number of trees that is equivalent 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. A division of a parcel of land into 2 or more lots or parcels, including agricultural- zoned remainders less than 25 acres, for the purpose, whether immediate or future, of transfer of ownership, sale, lease, or development.
TECHNICAL MANUAL. The State Forest Conservation Technical Manual, Third Edition, 1997, as it may be amended, and other specifications and standards of performance as provided in this chapter and in supporting documents issued by the department.
TIMBER HARVESTING. A tree-cutting operation affecting 1 or more acres of forest or developed woodland within a 1 year interval that disturbs 5,000 square feet or more of forest floor; does not include grubbing and clearing of root mass.
TRACT. Property subject to an application for a grading or sediment and erosion control permit or a site plan or subdivision approval. Within a Planned Unit Development or Mixed Use Development project, TRACT means the entire land area subject to a planned unit development, which may be divided into smaller, staged projects with a defined point of completion for each stage.
TREE. A large, woody plant having 1 or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.
TREE SAVE AREA. Areas described in § 1-21-44(A)(2).
WHIP. An unbranched woody plant greater than 24 inches in height and having a caliper of less than 1 inch.
WORKSHEET. The official set of data calculated to the nearest one-hundredth acre, defining the size of the net tract area together with the required forest calculations prepared in accordance with this chapter.
(Ord. 01-20-294, 9-25-2001; Ord. 07-25-465, 7-19-2007; Ord. 08-26-502, 10-14-2008; Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 13-18-646, 9-26-2013; Ord. 14-23-678, 11-13-2014; Bill No. 17-17, 2-28-2018; Bill No. 20-08, 7-21-2020)