§ 1-21-43. SPECIFICATIONS AND STANDARDS FOR CONSERVATION AND FORESTATION.
   (A)   Technical manual standards. The forest conservation and forestation (planting) specifications and standards provided in the Final Forest Conservation Plan shall be equal to or greater than the specifications and standards provided in the Technical Manual, unless otherwise approved by the Department, or unless otherwise provided in this chapter.
   (B)   Species selection.
      (1)   Tree and shrub species used for forestation shall be native to Frederick County, and adapted to the particular site where the forestation is proposed, unless otherwise approved by the Department.
      (2)   Unless modified by the Department, forest plans shall meet the minimum species-diversity rates for tree and shrub species according to the following table:
Total Acres of Forest Easement Area in a Development Project (including existing forest)
Total Species Required (including species found in existing forest on-site)
Deciduous Over-Story Trees
Deciduous Under-Story Trees and Shrubs
Evergreen Over and Under-Story Trees and Shrubs
Total Acres of Forest Easement Area in a Development Project (including existing forest)
Total Species Required (including species found in existing forest on-site)
Deciduous Over-Story Trees
Deciduous Under-Story Trees and Shrubs
Evergreen Over and Under-Story Trees and Shrubs
0 - 1.0
4
1
none
1.1 - 3.0
5
2
3.1 - 8.0
6
3
1
*1-4% of total planting
8.1 - 14.0
8
4
1
14.1 - 20.0
9
4
2
20.1 or greater
10
5
2
 
* Except for plantings intended for screening, then the evergreen percentage may increase.
   (C)   Invasive exotic species.
      (1)   Invasive exotic species listed in the Technical Manual, or by the Department of Natural Resources, or the United States Fish and Wildlife Service, shall not be used for forestation or landscape planting.
      (2)   Areas significantly infested, as determined by the Department, with invasive exotic tree or shrub species shall be subject to a suppression effort guided by a suppression plan prepared as part of the Final Forest Conservation Plan.
   (D)   Stocking and survival rates. The stocking and survival rates of trees and shrubs planted as part of forestation requirements in Frederick County shall be as follows.
      (1)   Bare root seedlings and whips shall have a minimum stocking ratio of 600 per acre and shall have a 75% survival rate, or at least 450 per acre. Both overstory tree and understory tree/shrub species may be counted as part of the 600 seedling/acre requirement; however, overstory trees (deciduous and evergreen) shall constitute at least 75% of the total number of seedlings planted.
      (2)   Container grown seedling tubes (with a minimum cavity width of 1.5 inches) shall have a minimum stocking ratio of 450 per acre and shall have a 75% survival rate, or at least 338 per acre. Both overstory tree and understory tree/shrub species may be counted as part of the 450 seedling requirement; however, overstory trees (deciduous and evergreen) shall constitute at least 75% of the total number of seedlings planted.
      (3)   Seedlings and whips planted with tree shelters, or container-grown 1, 2, or 3 gallon plants shall have a minimum stocking ratio of 350 per acre, and shall have a 75% percent survival rate, or at least 260 per acre. Both overstory tree and understory tree/shrub species may be counted as part of the 350 seedling requirement; however, overstory trees (deciduous and evergreen) shall constitute at least 75% of the total number of seedlings planted.
      (4)   One-inch caliper balled and burlapped (B&B) overstory trees shall have a minimum stocking ratio of 200 per acre and shall have a 75% survival rate, or at least 150 per acre and shall be supplemented with understory tree/shrub plantings using 1, 2, or 3 gallon containers planted at 100 per acre, with a 75% survival rate, or at least 75 per acre.
      (5)   Two-inch caliper B&B overstory trees shall have a minimum stocking ratio of 100 per acre and shall have a 100% survival rate, or at least 100 per acre and shall be supplemented with understory tree/shrub plantings using 1, 2, or 3 gallon containers planted at 100 per acre, with a 75% survival rate, or at least 75 per acre.
   (E)   Natural regeneration. For areas that are designated as “natural regeneration” on the Final Forest Conservation Plan (FFCP), or for forestation areas designated on the FFCP:
      (1)   The areas should not be cleared or graded without approval by the Department, after the applicant has demonstrated the benefits of such activity.
      (2)   Volunteer seedlings of native tree or shrub species that emerge in the forest easement areas as a result of natural regeneration may satisfy forestation requirements, provided the whips meet a stocking/survival ratio of at least 400 living seedlings per acre during and at the end of the 3-year maintenance period.
      (3)   Volunteer seedlings may be counted pro rata in conjunction with planted trees and shrubs, in accordance with their respective required stocking/survival ratios. Planting requirements for a particular area will be met if the percentage of the stocking/survival ratio met by volunteer seedlings added to the percentage of the stocking/survival ratio met by the planted trees or shrubs totals 100% or more.
   (F)   Site preparation. For forests in proposed development projects:
      (1)   Proposed forest easement areas that are near planned wooded home sites created by selective clearing may need to receive selective cutting, pruning or other treatments designed to create a healthy forest. Reductions of overstocked forests to not less than 80 square feet of basal area/acre should be considered. Any such forest cutting or thinning shall be approved by the Department and done pursuant to a plan prepared by a licensed forester;
      (2)   Selective cutting, but not clearing, of trees and other woody plants in areas to be retained as forest easement areas may be permitted prior to the submission of a development project application without loss of credit for forest retention in worksheet calculations if the:
         (a)   “Standard forest density” is maintained or exceeded;
         (b)   Selective cutting is approved by the Department prior to the commencement of forest cutting activities;
         (c)   Enhancement of forest health and quality is intended; and
         (d)   Selective cutting is done in accordance with a plan prepared by a licensed forester.
(Ord. 01-20-294, 9-25-2001; Ord. 07-25-465, 7-19-2007; Ord. 14-23-678, 11-13-2014)