(A) Plan applications. Applicants shall submit all plans on department-approved application forms and applicable fees. Applications shall be valid for 3 years after submission. Thereafter, the applicant must resubmit with new application forms and fees.
(B) Period of validity. Subject to the limitations of the forest stand delineation approval period outlined in § 1-21-34(C), all forest conservation plans approved and signed by department representatives shall be valid for a period of 5 years or the duration of the adequate public facilities approval for the development project, whichever is greater, unless vested by execution of the short-term protective agreement described in § 1-21-10(A) and the long-term protective agreement described in § 1-21-10(B).
(C) Required submissions and permitted combinations.
(1) Three sequential submissions are required:
(a) A forest stand delineation (FSD);
(b) A preliminary forest conservation plan (PFCP); and
(c) A final forest conservation plan (FFCP), which includes any required legal documents and financial guarantees for forest retention or forest improvements.
(2) The first 2 submissions (the FSD and PFCP) may be submitted simultaneously as a combined submission for all activities regulated under this chapter.
(3) For:
(a) All minor subdivisions;
(b) Site plan projects that comprise not more than 50 acres; and
(c) Grading or sediment and erosion control permits that comprise not more than 50 acres,
(4) All 3 forest plan submissions may be submitted as a “combined delineation and preliminary/final forest conservation plan.” A “combined delineation and preliminary/final forest conservation plan” shall contain all requirements of the FSD, PFCP, and FFPC.
(D) Specifications and standards. All forest stand delineations and all preliminary and final forest conservation plans shall follow specifications and standards of performance as provided in the technical manual and as provided in this chapter, with respect to protecting retained forests and trees during construction, and with respect to planting trees, shrubs, and new forest areas. In the case of conflict, this chapter prevails over the technical manual.
(E) Requirements of plan preparers.
(1) Except as noted below in this subsection, licensed foresters, licensed landscape architects, or qualified professionals who meet the requirements stated in COMAR 08.19.06.01 must prepare all required forest stand delineations and all preliminary and final forest conservation plans.
(2) Maryland licensed surveyors or other individuals, who by a combination of relevant work experience and education meet the general level of expertise as expressed in COMAR 08.19.06.01, as determined by the Department, may prepare required forest plans for:
(a) All minor subdivisions; and
(b) Site plan projects and major subdivisions that:
1. Do not require a full forest stand delineation as determined by the technical manual standards; and
2. Comprise not more than 50 acres.
(3) All persons may submit simplified forest stand delineations, worksheets, and forest conservation plans for site plan or subdivision development projects, provided that:
(a) The submissions are accompanied by a site plan or subdivision plan prepared in accordance with the zoning or subdivision ordinances, as appropriate;
(b) There is no existing forest or shrub cover on the subject tract;
(c) The tract does not include any priority areas; and
(d) The applicant proposes to mitigate any forestation requirements through either the forest banking program or the fee-in-lieu program.
(F) Use of state funds. If a local agency or person using state funds makes application to conduct a regulated activity, the provisions of COMAR 08.19.04.01 D-G, shall apply.
(Ord. 01-20-294, 9-25-2001; Ord. 07-25-465, 7-19-2007; Ord. 08-22-498, 8-6-2008; Ord. 10-26-561, 11-9-2010; Ord. 11-19-585, 7-28-2011; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)