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(a) Adoption. The Planning Board must adopt regulations, including necessary procedures, to administer this Chapter. In adopting the regulations, the Board must follow the adoption procedures for a Method (2) regulation under Section 2A-15 and any requirements applicable under State law. However, a proposed regulation of a procedural nature or that would implement changes in State law or regulation, may be adopted under Method (3) if it is consistent with this Chapter. The regulations must include procedures to amend a forest conservation plan and a declaration of intent.
(b) Technical manual. The technical manual must include guidance and methodologies for:
(1) preparing and evaluating a forest stand delineation and natural resource inventory;
(2) preparing and evaluating a forest conservation plan, including priorities for forest retention, reforestation, and afforestation, and a recommended tree species list;
(3) providing forest or tree protective measures during and after clearing or construction, including planting, tree relocation, and maintenance;
(4) monitoring and enforcement of forest conservation plans; and
(5) other appropriate guidance for program requirements consistent with this Chapter and the regulations.
(c) Development agreements; Conservation easements. The Planning Board may in the regulations require developer agreements, conservation easements, land trusts, covenants, and deed restrictions as part of an approved forest conservation plan.
(d) Administrative fee. The Planning Board must charge a fee to cover at least partially the costs of administering this Chapter, including review of submittals and field inspections. The fee schedule must be set by the Planning Board as part of the development application process. Different fees may be set based on the size of the tract or other relevant factors.
(e) Additional regulations. Notwithstanding any other provision of this Chapter, the Planning Board may, by regulation adopted under Method (3), require preapplication submissions for a forest stand delineation and allow modified application submissions or procedures for development projects of a minor scale or public utility projects.
(f) Reports. The Planning Board must make all reports on the County forest conservation program to the General Assembly and State Department of Natural Resources that are required under State law or regulation. The reports should be reviewed by the County Arborist for comment, and copies of all final reports must be transmitted to the County Council and County Executive.
(g) List of Off-Site Property for Mitigation. The Planning Director should develop and maintain a list of properties that may be suitable for off-site mitigation required under forest conservation plans. The Planning Director should develop the list in coordination with the County Arborist, the Department of Environmental Protection, the Department of Transportation, the Department of General Services, the Department of Economic Development, the Soil Conservation District, and other appropriate agencies.
(h) Sediment Control Permit Applications. The Planning Director and the Director of the Department of Environmental Protection should develop administrative procedures to prevent, to the extent possible, circumvention of this Chapter by a person who obtains a sediment control permit for land disturbing activities on less that 40,000 sq. ft. of land and who later seeks preliminary plan of subdivision approval for the same land. These procedures may include requiring an applicant for a sediment control permit to submit a declaration of intent enforceable under Section 22A-19. (1992 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 14, § 1; 2001 L.M.C., ch 19, § 1; 2008 L.M.C., ch. 5 , § 1.)
Editor’s note—2008 L.M.C., ch. 5 , § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
2001 L.M.C., ch. 19, § 2, reads as follows: Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:
(a) a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or
(b) a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].