(a) Approval required. A person who is subject to this Article must submit a forest stand delineation and forest conservation plan for regulatory approval.
(b) Forest stand delineation.
(1) A forest stand delineation must be used during the preliminary review process to find the most suitable and practical areas for tree and forest conservation. A forest stand delineation must contain topographic, hydrographic, soils and geologic, and qualitative and quantitative information on trees and forest cover, and other information or requirements specified in the regulations or technical manual.
(2) A simplified forest stand delineation may replace the forest stand delineation required by paragraph (1) if:
(A) there is no forest on the site;
(B) no forest on the site would be cut, cleared, or graded for the proposed use, and all forest on the site would be subject to a long-term protective agreement; or
(C) the on-site forest is located on a portion of the tract which is exempt from this Article, such as areas remaining in agricultural use as part of a subdivision.
(3) The Planning Director may waive any requirement for information that is unnecessary for a specific site.
(4) An approved forest stand delineation is not valid after 2 years unless:
(A) a forest conservation plan or a plan under Section 22A-9 has been accepted as complete; or
(B) the delineation has been recertified by the preparer, which may occur within one year after the expiration date if the requirements of Section 22A.00.01.06.F, as amended, of the Forest Conservation – Trees Regulations are met.
(5) An approved forest stand delineation may not be amended. A new forest stand delineation must be submitted for review in order to make any changes.
(c) Forest conservation plan.
(1) A forest conservation plan is intended to govern conservation, maintenance, and any afforestation or reforestation requirements which apply to the site. A forest conservation plan must contain information on the extent and characteristics of the trees and forested area to be retained or planted, proposed locations for on-site and off-site reforestation, scheduling, protective measures, a binding maintenance agreement effective for at least 5 years, a binding agreement to protect forest conservation areas, and other information or requirements specified in the regulations or technical manual.
(2) A forest conservation plan may include protective measures designed to conserve significant and mature trees on adjacent property from adverse impacts that may be caused by the development or land disturbing activities proposed for the tract.
(3) A forest conservation plan may be reviewed in 2 stages with the submission of a preliminary and a final forest conservation plan as specified under Section 22A-11.
(d) Qualifications of preparer. The forest stand delineation and forest conservation plan must be prepared by a licensed forester, licensed landscape architect or other qualified professional approved by the Planning Director. In determining if a person is qualified, the person must meet all applicable requirements under the Code of Maryland Regulations, 08.19.06.01. (1992 L.M.C., ch. 4, § 1; 2001 L.M.C., ch 19, § 1; 2021 L.M.C., ch. 1, § 1; 2023 L.M.C., ch. 6, §1.)
Editor’s note—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].