(a) Permission to gain access. Representatives authorized by the Planning Director may enter properties subject to this Chapter for the purpose of inspection, review, and enforcement.
(b) Plan to be on site; field markings. A copy of the approved forest conservation plan must be available on the site for inspection by representatives authorized by the Planning Director. Field markings must exist on site before and during installation of all protective devices, construction, or other land disturbing activities.
(c) Required inspections.
(1) The Planning Department must conduct the 7 field inspections specified in this subsection at each site.
(2) The Planning Director must inspect each site that is subject to an approved forest conservation plan:
(A) after the limits of disturbance have been staked and flagged, but before any clearing or grading begins;
(B) after necessary stress reduction measures have been completed and the protection measures have been installed, but before any clearing or grading begins;
(C) after all construction activities are completed, to determine the level of compliance with the approved plan;
(D) before any required reforestation and afforestation planting is started;
(E) after required reforestation and afforestation have been completed, to verify the planting is acceptable and begin the maintenance and management period;
(F) 2 years after reforestation and afforestation have been completed, to determine survival and assess necessary maintenance activities for the remaining duration of the maintenance and management period; and
(G) at the end of the maintenance and management period, to determine the level of compliance with the planting plan and, if appropriate, authorize release of financial security.
(3) The Planning Director must conduct inspections under subparagraphs (A) through (C) of paragraph (2) of this subsection for a confirmed exemption from submitting a forest conservation plan.
(4) The Planning Director must conduct inspections under subparagraphs (A) through (G) of paragraph (2) of this subsection for a plan approved under Section 22A-9.
(d) Other inspections. The Planning Director may authorize additional inspections or meetings as necessary to administer this Chapter, including an inspection to confirm a natural resource inventory and forest stand delineation.
(e) Scheduling requirements for forest conservation and tree save plan inspections. A person must request an inspection by the Planning Director at least 7 days before the required date of the inspection under subsection (c).
(f) Coordination. The Planning Department must coordinate its inspections, and any pre-construction conferences, with the Department of Permitting Services to avoid inconsistent activities relating to the forest conservation plan and sediment control reviews. (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; 2002 L.M.C., ch. 16, § 2; 2010 L.M.C., ch. 6, § 1; 2021 L.M.C., ch. 1, § 1.)
Editor’s note—See County Attorney Opinion dated 9/24/08 regarding enforcement of the forest conservation law.
2010 L.M.C., ch. 6, § 2, states in part: Applicability. (b) Any amendment to County Code Chapter 22A made by Section 1 of this Act applies to any enforcement action that begins after this Act takes effect even if the alleged violation on which the enforcement action is based was committed before this Act took effect.