Sec. 22A-12. Retention, afforestation, and reforestation requirements.

(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.

(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].

Sec. 22A-11. Application, review, and approval procedures.

(a) General.

(1) Application. The submission of a development plan, floating zone plan, project plan, sketch plan, subdivision plan, site plan, biohealth priority campus plan, special exception, conditional use, mandatory referral, park development plan, or sediment control permit under this Section must include an approved forest stand delineation or a confirmed exemption from submitting a forest conservation plan under Section 22A-5.

(2) Coordinated with project review. The forest conservation plan must be submitted and reviewed in conjunction with the review process for a development plan, floating zone plan, project plan, subdivision plan, site plan, biohealth priority campus plan, special exception, conditional use, mandatory referral, park development plan, or sediment control permit under this Section. The Planning Director must coordinate review of the forest conservation plan with the Director of Environmental Protection, the Director of Permitting Services, the Washington Suburban Sanitary Commission, other relevant regulatory agencies, and entities that will provide public utilities to the tract, to promote consistency between the objectives of this Chapter and other development requirements. To the extent practicable, entities providing public utilities should design facilities that will serve a tract in a manner that avoids identified conservation areas and minimizes tree loss.

(3) Modification of an approved plan. The Planning Director may approve modifications to an approved forest conservation plan that are consistent with this Chapter if:

(A) field inspections or other evaluation reveals minor inadequacies of the plan; or

(B) each modification is a minor amendment, as defined in Section 22A.00.01.13.A.1, as amended, of the Forest Conservation – Trees Regulations, and does not impact any forest in a priority area (such as substituting an on-site conservation area for an equal or greater on-site area of similar character, or substituting a marginal on-site conservation area for equal or greater amount of off-site priority area); or

Any other modification, including major amendments, must be approved by the agency that approved the forest conservation plan.

(4) Notice. Public posting and written notice of forest conservation plan applications must be provided by applicants as specified in Section 50/59.10.01.04, as amended, of the Administrative Procedures for Development Review..

(b) Project requiring development plan, floating zone plan, project plan, preliminary plan of subdivision, biohealth priority campus plan, or site plan approval.

(1) Forest stand delineation. The applicant must submit to the Planning Director a forest stand delineation and the forest stand delineation must be approved before the applicant may submit an application for a development plan, floating zone plan, project plan, preliminary plan of subdivision, biohealth priority campus plan, or site plan. Within 30 days of receipt, the Planning Director must notify the applicant whether the forest stand delineation is complete and correct. If the Planning Director fails to notify the applicant within 30 days, the delineation will be treated as complete and correct. The Planning Director may require further information or provide for one extension of this deadline for an additional 15 days for extenuating circumstances. The applicant must submit revised drawings to address comments within 90 days from the date the Planning Director sends comments to the applicant. If the applicant fails to submit revised drawings, the application is deemed withdrawn. The Planning Director may provide for one extension of this deadline for extenuating circumstances.

(2) Forest conservation plan.

(A) Application. After being notified that the forest stand delineation is complete and correct, the applicant must submit a forest conservation plan to the Planning Director with the related application for a development plan, floating zone plan, project plan, preliminary plan of subdivision, biohealth priority campus plan, or site plan. If the development proposal will require more than one approval subject to this subsection, the applicant must submit a preliminary forest conservation plan to the Planning Director in conjunction with the first approval, and a final forest conservation plan in conjunction with the last approval; however, if multiple approvals subject to this subsection are submitted to the Planning Director for simultaneous review, the applicant need submit only a final forest conservation plan that will be considered for each relevant application. If only one approval subject to this subsection is required, an applicant must submit a final forest conservation plan at the time of the development application.

(B) Review. Within 45 days from receipt of a final forest conservation plan, including a plan that is not reviewed in 2 stages, the Planning Director must notify the applicant whether the forest conservation plan is complete and approved for submission to the Planning Board as part of the development application. If the applicant is not notified within 45 days, the plan will be treated as complete and approved for submission. The Planning Director may require further information or provide for one extension of this deadline for an additional 15 days for extenuating circumstances. In addition, at the request of the applicant, the Director may extend this deadline further for extenuating circumstances.

(C) Approval. The Planning Board must review and act on the forest conservation plan concurrently with the development plan, floating zone plan, project plan, preliminary plan of subdivision, biohealth priority campus plan, or site plan, as appropriate. Compliance with the preliminary forest conservation plan,, when required and as amended by the Board, must be made a condition of any approval of the first applicable development application. Compliance with the final forest conservation plan, as amended by the Board, must be made a condition of any approval of the last development application. For a development plan or a floating zone plan, a Planning Board recommendation to the District Council on the preliminary forest conservation plan must be made under Section 59-7.2.1. A final forest conservation plan must be approved by the Planning Board or Planning Director, as appropriate, before the Planning Board approves a record plat.

(1) Forest stand delineation. If a special exception or conditional use proposal is subject to the requirements of this Chapter, the applicant must submit a forest stand delineation to the Planning Director before the Board of Appeals may consider the application for the special exception. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

(d) Project requiring a sediment control permit only.

(1) Forest stand delineation. If an application for a sediment control permit might be subject to the requirements of this Chapter, the applicable sediment control permit issuing authority must direct the applicant to the Planning Director for a determination. If the Planning Director finds the sediment control permit application to be subject to this Chapter, the applicant must submit a forest stand delineation to the Planning Director for review. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

(2) Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit to the Planning Director a forest conservation plan. Within 45 days from receipt of the forest conservation plan, the Planning Director must notify the applicant if the forest conservation plan is complete and approved. If the applicant is not notified within 45 days, the plan will be treated as complete and approved. The Director may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances. In addition, at the request of the applicant, the Director may extend this deadline further for extenuating circumstances.

(3) Issuance of sediment control permit. A sediment control permit must not be issued to a person who must comply with this Article until a final forest conservation plan, if required, is approved.

(e) Project requiring mandatory referral or park development plan.

(1) Forest stand delineation. A person seeking mandatory referral or a park development plan for a project that is subject to the requirements of this Chapter must first submit a forest stand delineation to the Planning Director for review. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

(2) Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit to the Planning Director a final forest conservation plan. The Planning Board must consider the final forest conservation plan when reviewing the mandatory referral application or the park development plan.

(3) Issuance of a sediment control permit. Issuance of a sediment control permit is subject to the conditions specified in paragraph (d)(3) of this Section.

(f) Project requiring sketch plan approval.

(1) Forest stand delineation. For any sketch plan application filed on or after November 14, 2017, the applicant must submit to the Planning Director, for approval, a forest stand delineation before the sketch plan application. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

(2) Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit a preliminary forest conservation plan to the Planning Director with the first development application after approval of the sketch plan. The deadlines for reviewing a preliminary and final forest conservation plan are the same as in paragraphs (b)(2)(B) and (b)(2)(C) of this Section.

(g) Project requiring administrative subdivision approval.

(1) Forest stand delineation. The applicant must submit to the Planning Director a forest stand delineation before the administrative subdivision application. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

(2) Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit a preliminary forest conservation plan to the Planning Director. The Planning Director must consider the preliminary forest conservation plan when approving the administrative subdivision application and must not approve an administrative subdivision application that conflicts with the preliminary forest conservation plan. A final forest conservation plan must be submitted and approved before obtaining a sediment control permit or record plat, whichever comes first. The deadlines for reviewing a final forest conservation plan are the same as in paragraph (d)(2) of this Section. If the Director defers the approval of an administrative subdivision to the Planning Board, the Planning Board must review and act on the preliminary forest conservation plan with the administrative subdivision plan. The deadlines for reviewing a final forest conservation are the same as in paragraph (b)(2)(C) of this Section. (1992 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2001 L.M.C., ch 19 , § 1; 2002 L.M.C., ch. 16, § 2; 2014 L.M.C., ch. 25 , § 1; 2016 L.M.C., ch. 8, § 1; 2017 L.M.C., ch. 34, §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].

Sec. 22A-12. Retention, afforestation, and reforestation requirements.

(a) Table.

Forest Conservation Threshold and Required Afforestation as a Percentage of Net Tract Area
Land Use Category	Forest Conservation Threshold	Required Afforestation
Agricultural and resource areas	%	20%
Cluster medium-density residential areas	45%	20%
Medium-density residential areas	35%	20%
Institutional development areas	25%	20%
High-density residential areas	20%	15%
Mixed-use development areas	20%	15%
Planned unit development areas	20%	15%
Commercial and industrial use areas	15%	15%

(b) Retention.

(1) The primary objective of the forest conservation plan should be to retain existing forest and trees and avoid reforestation in accordance with this Chapter. The forest conservation plan must retain certain vegetation and specific areas in an undisturbed condition unless the Planning Director finds that:

(A) the development would make maximum use of any available planning and zoning options that would result in the greatest possible forest retention;

(B) reasonable efforts have been made to protect the specific areas and vegetation listed in the plan; and

(2) In general, areas protected under this subsection include:

(A) floodplains, stream buffers, steep slopes, and critical habitats;

(B) contiguous forests;

(D) trees connected to an historic site;

(E) champion trees and other exceptionally large trees; and

(F) areas designated as priority save areas in a master plan or functional plan.

(3) The following trees, shrubs, plants, and specific areas are priority for retention and protection and must be left in an undisturbed condition unless the Planning Board or Planning Director, as appropriate, finds that the applicant qualifies for a variance under Section 22A-21:

(A) Any tree, shrub, or plant that is rare, threatened, or endangered under:

(i) the Federal Endangered Species Act of 1973 in 16 U.S.C. Sections 1531 — 1544 and in 50 CFR 17;

(ii) the Maryland Nongame and Endangered Species Conservation Act, Title 10, Subtitle 2A of the Natural Resources Article of the Maryland Code; or

(iii) COMAR 08.03.08;

(B) Any tree that is:

(i) 1 inch in caliper or larger and part of a historic site or located within an historic district,

(ii) associated with a historic structure, or

(iii) designated by the State or County as a national, State, or County champion tree;

(i) 30 inches or more; or

(ii) 75% or more of the diameter, measured at 4.5 feet above ground, of the current State champion tree of that species; or

(D) Any forest in a floodplain or stream buffer, except if the activity occurring within the floodplain or stream buffer is permitted under the environmental guidelines..

(1) For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area below the applicable forest conservation threshold, the area of forest removed must be reforested at a ratio of 2 acres planted for every one acre removed if reforestation is occurring within the same 8-digit watershed as the project or a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA); or 2 ½ acres planted for every one acre removed if reforestation is occurring within the County outside of the same 8-digit watershed and outside of a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA).

(2) For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above the applicable forest conservation threshold, the area of forest removed must be reforested at a ratio of ½ acre planted for every one acre removed if reforestation is occurring within the same 8-digit watershed as the project or a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA); or 1 acre planted for every one acre removed if reforestation is occurring within the County outside of the same 8-digit watershed and outside of a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA).

(3) Each acre of forest retained on the net tract area above the applicable forest conservation threshold must be credited against the total number of acres required to be reforested.

(4) A regulated activity under this Chapter within the net tract area that occurs wholely or partly in areas regulated as nontidal wetlands is subject to both the nontidal wetland regulatory requirements and the requirements of this Chapter. However, any area of forest within the net tract area that is retained, including forest in nontidal wetlands, must be counted towards forest conservation requirements under this Chapter.

(d) Afforestation.

(1) A site with less than 20 percent of the net tract area in forest cover must be afforested in accordance with the required afforestation percentages shown on the table in subsection (a) of this Section.

(2) Afforestation must be accomplished by the planting of forest cover, unless if the applicant demonstrates to the satisfaction of the Planning Board or Planning Director, as the case may be, that afforestation using forest cover is inappropriate for a site because of its location in an urban setting, redevelopment context, high-density residential, commercial, industrial, planned unit development, or institutional area (as defined in Section 22A-3), or similar reason, in which case afforestation requirements may be satisfied by tree cover.

(e) Standards for reforestation and afforestation.

(1) General requirements.

(A) Preferred sequence. Except as provided in the technical manual or otherwise in paragraph (1) of this subsection, the preferred sequence for afforestation and reforestation is, in general: on-site afforestation or reforestation; off-site afforestation or reforestation; enhancement of existing forest through on-site selective clearing, supplemental planting, or both; acquiring credit(s) from an off-site forest mitigation bank; paying a fee in-lieu; and landscaping with an approved plan.

(B) Stream valley buffers. All unforested stream valley buffers on site must be afforested or reforested, except if the applicant demonstrates to the satisfaction of the Planning Board or Planning Director that:

(i) afforestation or reforestation in the stream valley buffer would be in conflict with allowable uses as established in the latest version of the environmental guidelines;

(ii) the stream valley buffer is located on park property stewarded by the Department of Parks, and the afforestation or reforestation would conflict with the mission and established stewardship practices of the Department of Parks; or

(iii) the stream valley buffer is not suitable to establish and retain required planting materials, in which case a substitute environmental protective measure must be implemented.

All unforested stream valley buffers in a special protection area and stream valley buffers within the Patuxent Primary Management Area must be afforested as established in the latest version of the environmental guidelines.

(C) Governmental considerations. The sequence provided in subparagraph (A) of this paragraph may be modified for a specific project if the applicant demonstrates to the satisfaction of the Planning Board or the Planning Director, as the case may be, that a different sequence is necessary:

(i) to achieve the objectives of a master or sector plan or other County land use policies or to take advantage of opportunities to consolidate forest conservation efforts;

(ii) for public sites acquired or required to be dedicated before July 1, 1991, to ensure that the site can be used for its intended purpose without major design changes; or

(iii) for educational, recreational, and public safety facilities, to ensure that public safety is not compromised.

(D) Public utility considerations. The sequence provided in subparagraph (A) of this paragraph for public utility projects may be modified to reflect applicable electrical or other safety codes, or right-of-way constraints.

(2) Off-site afforestation and reforestation. If no opportunities for planting forest exist under Section 22A-12(e)(1)(A), off-site afforestation or reforestation may also include:

(A) forest mitigation banks designated in advance by the County;

(B) acquisition of an off-site protective easement for existing forested areas not currently protected in perpetuity, if the forest cover protected is 2 times the afforestation and reforestation requirements; or

(C) for sites located in existing population centers, use of street trees which meet landscape or streetscape goals identified in an applicable master plan.

(3) Priority areas and plantings. Afforestation and reforestation should be directed to stream buffer areas, connections between and additions to forested areas, critical habitat areas, topographically unstable areas, and land use and road buffers. The use of native plant materials is preferred.

(4) Location requirements.

(A) Except as permitted under subparagraphs (B) and (C) of this paragraph, required reforestation or afforestation must occur in both the county and the 8-digit watershed in which the project is located,

(B) If the required reforestation or afforestation cannot be reasonably accomplished in the same county and 8-digit watershed in which the project is located, then the reforestation or afforestation must occur in a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA) in the same county in which the project is located.

(C) If the required reforestation or afforestation cannot be reasonably accomplished in a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA) in the same county in which the project is located, then the reforestation or afforestation may occur anywhere in the county in which the project is located.

(5) Deadline for plant installation. The afforestation and reforestation requirements under this subsection must be accomplished within 1 year or 2 growing seasons after a development project is complete.

(6) Planned Unit Developments; Other Staged Development. Notwithstanding any other provision of this Section, the Planning Board may allow any afforestation or reforestation requirement for a planned unit development to be calculated and satisfied within the total area covered by the development plan, floating zone plan, sketch plan, or project plan instead of the net tract area. Similarly, the Planning Board may allow any afforestation or reforestation requirement applicable to a staged development subject to a single preliminary plan of subdivision but with separate site plan reviews for each stage to be calculated and satisfied using the total area covered by the preliminary plan of subdivision.

(f) Special provisions for minimum retention, reforestation and afforestation.

(1) General. Any site developed in an agricultural and resource area, any planned unit development, any site developed under a cluster or other optional method of development in a one-family residential zone, and any waiver from a zoning requirement for environmental reasons, must include a minimum amount of forest on-site as part of meeting its total forest conservation requirement.

(2) Retention, reforestation and afforestation. Forest retention should be maximized where possible on each site listed in this subsection. At a minimum, on-site forest retention, and in some cases reforestation and afforestation, must be required as follows:

(A) In an agricultural and resource area, on-site forest retention must equal 25% of the net tract area.

(B) In a planned development or a site development using a cluster or other optional method of development in a one-family residential zone, on-site forest retention must equal the applicable conservation threshold in subsection (a). This requirement also applies to any site seeking a waiver or variance from base zone standards under Sections 59.4.4.5.D, 59.4.4.6.D, 59.4.4.7.C, 59.4.4.8.C, 59.4.4.9.C, 59.4.4.10.C, 59.8.3.2, 59.4.9.16.B, and 59.5.2 if as a condition of the waiver or variance the Planning Board or County Council must find that the resulting development is environmentally more desirable.

(C) On a site covered by this subsection, if existing forest is less than the minimum required retention, all existing forest must be retained and on-site afforestation up to the minimum standard must be provided. If existing forest is less than the applicable afforestation threshold in subsection (a), the afforestation threshold is the minimum on-site forest requirement.

(D) If a site covered by this subsection is unforested, on-site afforestation must equal the applicable afforestation threshold.

(3) If the Planning Board or Planning Director, as appropriate, finds that forest retention required in this subsection is not possible, the applicant must provide the maximum possible on-site retention and must meet the balance of the remaining requirement through any combination of on-site or off-site reforestation or afforestation.

(4) Retention, reforestation, and afforestation must adhere to the priorities and sequence established in subsections (b) and (e).

(g) In lieu fee. A person contributing money to the forest conservation fund as an in lieu fee must do so at a rate specified by law or Council resolution, but not less than the rate required under Section 5-1610, as amended, of the Natural Resources Article of the Maryland Code. Any in lieu fee payment must be made before any land disturbing activity, as defined in Section 22A-3, occurs on a section of the tract subject to the forest conservation plan. A person may make an in lieu fee payment to the forest conservation fund only if the person satisfactorily demonstrates that:

(1) (A) the requirements for reforestation or afforestation on-site or off-site cannot reasonably be accomplished;

(B) appropriate credits generated by a forest mitigation bank in the same watershed within the County are not available;

(C) if appropriate credits generated by a forest mitigation bank in the same 8-digit watershed within the County are not available, appropriate credits generated by a forest mitigation bank in a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA) are not available; and

(D) if appropriate credits generated by a forest mitigation bank in the same 8-digit watershed, a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA) within the County are not available, appropriate credits generated by a forest mitigation bank in the County are not available; or

(2) the off-site reforestation and afforestation requirements are less than 0.5 acre, and the Planning Board or Planning Director, as appropriate, finds that:

(A) no on-site priority planting area is present; and

(B) no other appropriate on-site planting area is available.

(h) Agreements.

(1) Maintenance agreement. A forest conservation plan must include a 5-year binding agreement for maintenance of all planted forest conservation areas, including areas of afforestation, reforestation, as well as any required mitigation plantings. A forest conservation plan may require a 5-year binding agreement for maintenance of existing forest to be retained to ensure long-term health of forest stands. For park property with an approved mission and established stewardship practices including conservation and forest management plans, a maintenance agreement for existing forest is not required. A person subject to the binding agreement may request that the binding agreement be reduced to 3 years if the forest conservation inspector finds that the agreement has been fulfilled, unless the forest conservation plan is within a special protection area. If the forest conservation plan is within a special protection area, the binding maintenance agreement must be for a minimum of 5 years and may not be reduced. The binding maintenance agreement may include watering (as practical), feeding, non-native invasive plant control, and replanting of areas to be afforested or reforested. A maintenance agreement may also be required for non-native invasive plant control of forest edge or for control of non-native invasive species in adjacent areas that may impact forest conservation. The binding agreement for maintenance starts upon satisfactory inspection of the plantings or maintenance required under the forest conservation plan. A staged project may have more than one agreement.

(2) Long-term protective measures. A forest conservation plan must include appropriate measures for the protection of conservation areas; limitations on the use of these areas consistent with conservation and management practices; and legal instruments such as conservation easements, deed restrictions, covenants, and other agreements, as necessary.

(i) Financial Security.

(1) Security required. Except as provided in paragraph (8) of this subsection, an approved financial security instrument must be required to ensure:

(A) compliance with all requirements of an approved forest conservation plan including afforestation, reforestation, mitigation trees, and maintenance; or

(B) full payment of funds to be paid instead of afforestation or reforestation, if required under subsection (g).

(2) Preferred form. The preferred financial security instruments are an irrevocable letter of credit or a cash bond for a minimum of 5 years that may be reduced to 3 years upon request by the person subject to the binding maintenance agreement if the forest conservation inspector finds that the binding maintenance agreement has been fulfilled, unless the forest conservation plan is within a special protection area. If the forest conservation plan is within a special protection area, the financial security must be for a minimum of 5 years and may not be reduced. The letter of credit must expressly state that the total sum is guaranteed to be available and payable on demand directly to the Maryland-National Capital Park and Planning Commission in the event of forfeiture. A certificate of guarantee or a surety bond may also be used, including a bond payable to the Commission and County that additionally guarantees completion of public improvements associated with the proposed development. The financial security instrument must be made payable to the Commission and must be of a form and content satisfactory to the Commission and its legal counsel.

(3) When required. The financial security instrument must be provided prior to any land disturbing activity, as defined in Section 22A-3, occurring on a section of the tract subject to the forest conservation plan.

(4) Amount required.

(A) If financial security is required under subparagraph (1)(A), the security instrument must be in an amount equal to the estimated cost of afforestation, reforestation, and maintenance applicable to the section of the tract subject to the land disturbing activity. If the applicant sells an individual lot before providing the required financial security, the Planning Director may allow the new lot owner to provide a financial security that applies to the requirements specific to the development of that lot. The instrument must include a provision for adjusting the amount based on actual costs. The financial security instrument must be submitted to the Planning Director before any land disturbing activity occurs on the tract. The Planning Director must notify the obligee of any proposed adjustment and provide the opportunity for an informal conference.

(B) If the financial security is required under subparagraph (1)(B) of this subsection, the security instrument must be in an amount equal to the in lieu payment.

(5) Release. The financial security instrument must be in effect until all requirements have been fulfilled to the satisfaction of the Planning Director. The instrument may provide for the partial release or return of the instrument based on successful implementation of phases of the forest conservation plan.

(6) Events of forfeiture. The financial security instrument may be subject to forfeiture on:

(A) failure of the obligee to perform the work under the forest conservation plan in accordance with the required schedule; or

(B) failure of the obligee to pay a required in lieu fee in a timely manner.

(7) Forfeiture proceedings.

(A) The Planning Director must notify the obligee, by certified mail, of the intention of the Commission to initiate forfeiture proceedings.

(B) The obligee has 30 days from the receipt of the notice of forfeiture to show cause why the financial security should not be forfeited.

(8) Exception. This subsection does not apply to governmental entities. (1992 L.M.C., ch. 4, § 1; 2001 L.M.C., ch 19 , § 1; 2006 L.M.C., ch. 35, § 1; 2007 L.M.C., ch. 10, § 1; 2010 L.M.C., ch. 55, § 1; 2014 L.M.C., ch. 25 , § 1; 2016 L.M.C., ch. 8, § 1; 2017 L.M.C., ch. 34, §1; 2018 L.M.C., ch. 14, §1; 2021 L.M.C., ch. 1, § 1; 2021 L.M.C., ch. 26, § 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

Secs. 22A-13. Forest mitigation banks.

(a) Creating a forest mitigation bank. A person may create a forest mitigation bank from which applicants may buy credits.

(b) The area of land included in the bank must be at least 1 acre.

(d) A person proposing to create a forest mitigation bank must submit a plan to the Planning Director for review and approval.

(e) The forest mitigation bank plan must include:

(1) a maintenance agreement which meets the standards in subsection 22A-12(h)(1);

(2) all information required by subsection 22A-10(c) for a forest conservation plan;

(3) draft easements, covenants, or deed restrictions for the area included in the forest mitigation bank; and

(4) the number of forest mitigation bank credits available for sale as either:

(A) if permitted by state law, existing forest credits, where 1 acre of forest mitigation bank credit equals 2 acres of existing forest; or

(B) planted forest credits, where 1 acre of forest mitigation bank credit equals 1 acre of planted forest.

(f) Forest mitigation banks must be established in priority areas described in subsection 22A-12(e)(3), or in areas identified in a master plan or functional plan.

(g) Purchasing and selling forest mitigation bank credits.

(1) Before selling forest mitigation bank credits:

(A) the forest mitigation bank plan must be approved by the Planning Director; and

(B) easements, covenants, or deed restrictions which assure the area of land within the mitigation bank remains a forest in perpetuity must be conveyed to the Planning Board or its assignee, and the applicant must show that credits are available and the applicant has the right to debit them.

(2) Credits must not be debited from a portion of a forest mitigation bank where forest planting is required until:

(A) all trees have been planted and accepted by the Planning Director; and

(B) either a financial security which meets the standards in subsection 22A-12(i) has been provided, or the Planning Director has found that a sufficient number of trees have successfully survived for 2 years after planting.

(3) Forest mitigation bank credits must be acquired from a forest mitigation bank within the same 8-digit watershed, as delineated by the State of Maryland, where the development activity is located. If forest mitigation bank credits are not available within the same 8-digit watershed within the County, applicants must acquire forest mitigation bank credits from a forest mitigation bank within a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA). If forest mitigation bank credits are not available within a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA), applicants may acquire forest mitigation bank credits from any approved forest mitigation bank within the County.

(4) The forest mitigation bank credits acquired must be equal to the applicant’s off-site reforestation or afforestation requirements under the approved forest conservation plan. (2001 L.M.C., ch 19, § 1; 2021 L.M.C., ch. 1, § 1; 2021 L.M.C., ch. 26, § 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

22A-14. Reserved.

Article III. Enforcement, Appeals, and Variances.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc