Md. Code Regs. 08.19.02.04

Current through Register Vol. 51, No. 19, September 20, 2024

Section 08.19.02.04 - Biennial Review

A. The Department shall conduct a review of each local program at least every 2 years from the date the program is approved.

B. The review shall consist of:

(1) Documentation from the local authority which includes the:

(a) Number, location, and type of projects;

(b) Number and location of acres cleared, conserved, and planted;

(c) Amount of reforestation and afforestation fees and noncompliance penalties collected and expended, the number of acres for which the fees were collected, and the number of acres reforested, afforested, or conserved using the fees; and

(d) Number and location of forest mitigation banks approved;

(2) Field checks by the Department at development projects subject to the local program and forest mitigation banks approved by the local program; and

(3) An evaluation of compliance with the performance standards and required forest conservation measures provided in Natural Resources Article, §§5-1601 -5-1612, Annotated Code of Maryland.

C. The information required by §B(1) of this regulation shall be submitted with a letter signed by the person in charge of the local program.

D. A local authority having a proposed amendment to its program shall demonstrate to the Department's satisfaction that the proposed amendment is as stringent or more stringent than the provisions of Natural Resources Article, §§5-1601 -5-1612, Annotated Code of Maryland, and this subtitle.

E. The Department may conduct a review at any time it receives information that a local program is being administered in substantial violation of Natural Resources Article, §§5-1601 -5-1612, Annotated Code of Maryland, and this subtitle.

F. If the Department notifies a local authority that the authority's program is in noncompliance and the local authority has failed to comply with the terms of the notice with 90 days, the Department may do one or more of the following:

(1) Assume review and approval of all forest conservation plans and forest mitigation bank applications within the jurisdiction of the local authority until the deficiencies are corrected;

(2) On a finding by an auditor made in consultation with the Office of the Attorney General that a local authority has misappropriated local forest conservation funds, the Department may require the local authority to submit payment to the State Forest Conservation Fund for the amount of any misappropriated local forest conservation funds; and

(3) Request that the Attorney General investigate payments and expenditures of funds collected by the local authority under this subtitle.

G. The Department's assumption of a local program does not affect the validity of a prior approval of a forest conservation plan granted by the local authority.

H. Every 2 years, the Department shall review an exemption received by a county under Regulation .01B or D of this chapter.

I. Loss of County's Exemption.

(1) If a county fails to maintain at least 200,000 acres of forest cover, the Department shall:

(a) Revoke the exemption status of the county, including municipalities; and

(b) Provide notice of revocation in the Maryland Register and in a daily newspaper distributed in the county.

(2) Within a county or municipality which has lost its exemption, a person who has not received final plat or equivalent approval, or who has not been issued a grading or sediment control permit for a project, is subject to the State program 60 days after the publication of the notice of revocation described in §I(1)(b) of this regulation.

(3) Within 4 months of initial publication of notice of revocation, a county and any municipality which has not assigned its obligation provided in Natural Resources Article, §5-1603(a)(3), Annotated Code of Maryland, shall submit a proposed program to the Department.

(4) Within 2 months of submission, the Department shall approve a program as submitted by the county or municipality or provide written notice of program elements needing revision.

(5) Revisions required by the Department shall be submitted to the Department within 2 months of the date the Department notified the county or municipality of the need for revisions.

(6) If a county or municipality does not adopt a local program, the Department shall continue to review and approve all forest stand delineations and forest conservation plans within that county or municipality.

J. Appeal of Program Suspension or Revocation.

(1) If a local program is found to be deficient by the Department, the appropriate official of the local authority may request a hearing before the Secretary. The hearing is not a contested case hearing under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(2) A hearing request shall be in writing and filed with the Secretary within 30 days of issuance of the decision to suspend or revoke.

(3) The hearing request shall contain:

(a) The name, address, and telephone number of the person requesting the hearing;

(b) A description of the grounds for the request;

(c) A statement of the specific relief desired as a result of the hearing;

(d) An outline of the evidence to be presented in support of the desired relief, including the names and addresses of all witnesses to be called; and

(e) Documentation which describes the authority of the person requesting the hearing to represent the local authority.

(4) A hearing before the Secretary shall be conducted within 60 days unless delayed because of extenuating circumstances.

(5) The decision of the Secretary, on the basis of the hearing, shall be the final decision of the Department.

Md. Code Regs. 08.19.02.04

Regulation .04B amended effective June 15, 1998 (25:12 Md. R. 945)
Regulation .04F amended effective June 15, 1998 (25:12 Md. R. 945); 41:2 Md. R. 90, eff.2/3/2014 ; amended effective 46:22 Md. R. 976, eff. 11/4/2019