(A) Conservation priority. In developing a forest conservation plan, the applicant shall follow the forest retention and forestation priorities as provided in § 1-21-40.
(B) Demonstration of compliance with forest priorities. If existing on-site forest is not proposed to be retained, the applicant shall demonstrate to the satisfaction of the Department:
(1) How techniques for forest retention have been exhausted;
(2) Why the priority areas specified in § 1-21-40(B) and in Md. Code Ann., Natural Resources Article, § 5-1607(c)(2) cannot be left in an undisturbed condition, including:
(a) How the sequence for forestation will be followed in compliance with Md. Code Ann., Natural Resources Article, § 5-1607; and
(b) Where on the tract or development project priority area forestation will occur in compliance with Md. Code Ann., Natural Resources Article, § 5-1607.
(3) How the disturbance to the priority forests and priority areas specified in § 1-21-40(B) and in Md. Code Ann., Natural Resources Article, § 5-1607(c)(1) qualifies for a modification.
(C) Fee-in-lieu. If an applicant proposes to make a payment into the fee-in-lieu program instead of on-site forestation, then the applicant shall demonstrate to the satisfaction of the Department that the requirements for forestation cannot be reasonably accomplished on-site or off-site, including the acquisition of credits through the forest banking program.
(D) Nontidal wetlands. A regulated activity within the net tract area that occurs wholly or partly in areas regulated as nontidal wetlands under Md. Code Ann., Environment Article, §§ 5-901 through 5-911 and COMAR 26.23.01 through 26.03.06 is subject to both the nontidal wetlands regulatory requirements and the requirements of this chapter, subject to the following.
(1) Any area of forest in the net tract area, including forest in nontidal wetlands that is retained, shall be counted towards forest conservation requirements under this chapter.
(2) For the purpose of calculating reforestation mitigation under this chapter, a forested nontidal wetland permitted to be cut or cleared and required to be mitigated under COMAR 26.23.04 shall be shown on the forest conservation plan and subtracted on an acre-for-acre basis from the total amount of forest to be cut or cleared as part of a regulated activity.
(3) Nontidal wetlands shall be considered to be priority areas for retention and replacement.
(4) Forested nontidal wetland identification and delineation should be included at the earliest stage of planning to assist the applicant in avoidance and reduction of impacts to the nontidal wetlands and to avoid delay in the approval process.
(Ord. 01-20-294, 9-25-2001; Ord. 09-26-530, 9-29-2009; Ord. 14-23-678, 11-13-2014)