§ 1-21-10. PROTECTIVE AGREEMENTS.

   (A)   Short term protective agreement.

      (1)   The applicant shall execute a Forest Improvements and Protection Agreement (“FIPA”) that guarantees completion of the forest improvements shown in the final forest conservation plan.

      (2)   The applicant shall be subject to a FIPA for a period of not less than 2 complete growing seasons for projects that contain only existing forest, or 1" or 2" caliper tree plantings. The applicant shall be subject to a FIPA for a period of not less than 3 complete growing seasons for projects that contain any seedling, whip, tubling or 1-5 gallon container plantings, or any natural regeneration areas.

      (3)   The applicant shall provide and keep in effect a financial guarantee for the entire effective period of the FIPA, as provided in § 1-21-25. Release of the guarantee shall be as described in § 1-21-25.

      (4)   The FIPA shall comply with COMAR 08.19.05.01.

      (5)   The FIPA shall be submitted on a form prepared by the Department.

   (B)   Long term protective agreements.

      (1)   For all forest shown as “retention” in order to satisfy conservation requirements described in § 1-21-40, and for all planting areas shown as forestation in order to satisfy either § 1-21-41 (afforestation) or § 1-21-42 (reforestation), an applicant shall be required to subject these areas to a perpetual forest deed of easement, otherwise known as “Forest Resource Deed of Easement/Maintenance Covenants and Agreement.”

      (2)   The grantee shall be Frederick County, Maryland, or in the case of incorporated towns, a municipal governing body, as determined by the respective town.

      (3)   The areas of forest subject to deed protection shall be described by a graphic metes and bounds by a licensed Maryland surveyor.

      (4)   The deed shall include use restrictions prepared by the Department, known as “Forest Resource Inspection and Maintenance Covenants and Agreement.”

      (5)   The deed shall comply with COMAR 08.19.05.02.

      (6)   A title opinion letter shall accompany submission of the deed of easement described in subsection (B)(1) of this section.

   (C)   Forest conservation and management agreements. In addition to a long term protective agreement as described in subsection (B) of this section, application for a forest conservation and management agreement (“FCMA”) through the Department of Natural Resources is encouraged for all private owners of FRO easement areas 5 acres or greater, who wish to use the area for productive woodland purposes under an approved management plan. The FCMA would be subject to the benefits and obligations provided in Md. Code Ann., Tax-Property Article, § 8-211 and COMAR 08.07.03.03.

(Ord. 07-25-465, 7-19-2007; Ord. 14-23-678, 11-13-2014; Bill No. 17-17, 2-28-2018)