Md. Code Regs. 08.07.03.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.07.03.03 - Charges for Administering the Forest Conservation and Management Program

A. Purpose. The purpose of these regulations is to recover the cost involved in administering the Forest Conservation and Management Program.

B. Definitions. For the purpose of this regulation:

(1) "Assistant Secretary" means Assistant Secretary of Land Resources; and

(2) "Woodland owner" means the owner of at least 5 contiguous acres of land dominated by trees and other woody vegetation.

C. Charges for Participating in a Forest Conservation and Management Agreement.

(1) Except as provided in §C(2) of this regulation, a woodland owner shall pay a nonrefundable fee for participating in the Forest Management Program as follows:

(a) Upon application, an entry fee of $50;

(b) An inspection fee every 5 years of $100; and

(c) An amendment fee of $100 for each amendment to the agreement.

(2) The fees required under §C(1)(b) and (c) of this regulation do not apply when:

(a) The Department prepares a Forest Stewardship Plan, as defined in Natural Resources Article, § 5-101(f), Annotated Code of Maryland, for submission with an inspection report or amendment; and

(b) The applicant pays the Department the plan preparation fee provided in COMAR 08.07.05.05B(1).

D. Agriculturally Assessed Woodland. If woodland for which a Forest Conservation and Management Agreement is requested is subject to an agricultural assessment at the time application is made and has at any time been subject to an assessment other than an agricultural assessment, the Assistant Secretary may base the entry fee on the higher of the two assessments.

E. Charges for Inspections. A Forest Conservation and Management Agreement shall contain a provision which requires that inspections to determine compliance with the Agreement shall be made at least once every 5 years by a representative of the Department. Failure to allow an inspection by the Department to be conducted or to reimburse the Department for costs shall invalidate the Agreement, and result in a reassessment.

Md. Code Regs. 08.07.03.03

Regulation .03E repealed effective December 26, 1980 (7:26 Md. R. 2419)
Regulations .03 adopted effective August 27, 1984 (11:17 Md. R. 1491)
Regulation .03 amended effective February 15, 1993 (20:3 Md. R. 257)
Regulation .03C amended effective November 2, 1998 (25:22 Md. R. 1652); August 14, 2006 (33:16 Md. R. 1365)
Regulations .03B, D amended effective December 26, 1980 (7:26 Md. R. 2419); amended effective 42:26 Md. R. 1594, eff.1/7/2016; amended effective 43:16 Md. R. 900, eff. 8/15/2016; amended effective 49:25 Md. R.1041-1070, eff. 12/12/2022