(A) Applicability. A person making application for a regulated activity under this chapter (including utility and linear projects) shall comply with the reforestation requirements provided in this section. Required reforestation shall be incorporated into the Final Forest Conservation Plan (FFCP). Reforestation per the FFCP shall be accomplished in accordance with the priorities listed in § 1-21-40(C) and (D).
(B) Calculation of requirements. There are two methods to calculate reforestation requirements. The method that results in the most reforestation shall be used.
(1) The first method shall require a 1:1 replacement. This means that for every one acre (or portion thereof) of forest removed, one acre must be planted.
(2) The second method, the "Standard Method", is set forth in § 1-21-42(D).
(C) Definitions restated. REFORESTATION under this section means the planting of trees to replace forest that has been recently or is proposed to be removed by development. CONSERVATION THRESHOLD means 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 according to the land use categories as listed below:
Category of Use Threshold
Percentage
Percentage
(1) Agricultural and Resource
Conservation Zones, except for
cluster developments therein which
shall utilize R-1 values 50
(2) R-1 Residential zoned areas 25
(3) Institutional use areas in any zone 20
(4) R-3, R-5, R-8, R-12, R-16 and
Mobile Home Park zoned areas 20
(5) Mixed Use and Planned Unit
Development zoned areas 15
(6) Commercial and Industrial Use
zoned areas 15
Required reforestation under the Standard Method shall be calculated according to the formulas provided in subsection (D) of this section.
(D) Standard Method calculations.
(1) For all existing forest cover cleared on the net tract area above the applicable conservation threshold established by subsection (C) of this section, the area of forest removed shall be reforested at a ratio of one quarter acre planted for every acre removed.
(2) For all existing forest cover cleared on the net tract area below the applicable conservation threshold, the area of forest removed shall be reforested at a ratio of 2 acres planted for each acre removed.
(3) For each acre of forest retained on the net tract area above the applicable conservation threshold, credit shall be given against the total number of acres required to be reforested under subsection (D)(1) of this section.
(E) Accuracy Standards. All calculations of reforestation requirements shall be calculated to the nearest one-hundredth acre and shall be in accordance with the worksheet provided in the Technical Manual and approved by the Department. However, forest field measurements may be measured to the nearest one-tenth acre.
(Ord. 01-20-294, 9-25-2001; Ord. 07-25-465, 7-19-2007; 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; Bill No. 20-08, 7-21-2020)