Md. Code Regs. 08.19.04.02

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

Section 08.19.04.02 - Forest Stand Delineation Submittal Procedures

A. The Department shall:

(1) Review an application for a forest stand delineation to determine whether it is complete and correct; and

(2) Acknowledge receipt of the application in writing by regular mail.

B. The Department shall consider a forest stand delineation application complete if the application contains all of the following information:

(1) A site vicinity map showing the location of the site in relation to other properties within approximately 1 square mile or more, including forested and sensitive areas adjacent to the site;

(2) An environmental features map, also known as a forest stand delineation map, which is prepared at the same scale as the proposed development plan showing where applicable:

(a) 100-year nontidal floodplains in watersheds 400 acres or larger, or for Class III streams,

(b) Intermittent streams and perennial streams, including buffers that are at least 50 feet wide measured from the top of the normal bank,

(c) Steep slopes of 25 percent or more,

(d) Critical habitat areas,

(e) Nontidal or tidal wetlands and their buffers,

(f) Topographic contours and intervals,

(g) Hydric soils, erodible soils on slopes of 15 percent or more, and soils with structural limitations as classified by USDA soil surveys; and

(3) A completed application form supplied by the Department, complying with the requirements of I and J of this regulation.

C. A simplified forest stand delineation may be used if:

(1) Forest does not currently exist on the site or forest on the site will not be cut, cleared, or graded for the proposed development;

(2) All forest on the site will be protected under a long-term protective agreement; and

(3) The environmental features map, in addition to the requirements of §B of this regulation, exhibits:

(a) Field-verified forest boundaries delineating the:

(i) Maximum aerial extent of the canopy, and

(ii) Extent of contiguous forest up to 100 feet from the property boundaries and the size of contiguous forest in acres, if forest extends off-site;

(b) Dominant species type of the forest;

(c) A proposed limit of disturbance line; and

(d) Proposed areas of long-term protection.

D. An intermediate forest stand delineation may be used if:

(1) The forest retention on a development site will be greater or equal to the calculation of a break-even amount as provided in Natural Resources Article, § 5-1606(b) -----(e), Annotated Code of Maryland;

(2) Priority forest and priority retention areas, as provided in Natural Resources Article, § 5-1607, Annotated Code of Maryland, will not be disturbed during or after development;

(3) The environmental features map, in addition to the requirements in §C(4) of this regulation, exhibits:

(a) The calculations necessary to demonstrate that the development proposal meets the condition of forest retention and protection in an amount greater than or equal to the break-even amount,

(b) Confirmation by a walk-through survey, by a qualified professional, of forested areas that the proposed disturbance areas do not contain any priority forests or priority retention areas,

(c) Composition, using dominant species, forest association, or other description,

(d) Total acreage of forest proposed for disturbance,

(e) Past and present management practices, and

(f) Potential of forested areas adjacent to proposed disturbance limits to recover, or recommendations for management after disturbance.

E. A full forest stand delineation:

(1) Shall be used if a development does not fall within the category for which an intermediate or simplified forest stand delineation is applicable; and

(2) Includes an environmental features map, in addition to the requirements of §B of this regulation, that exhibits:

(a) Location, description, and size of forest stands with forest boundaries extending off-site,

(b) Sampling locations used for the analysis and, if a plot method is used, the centers of the plots marked in the field,

(c) Field-verified locations of any priority retention areas, and

(d) Field-verified locations of any priority afforestation areas located outside of existing forest areas.

F. A full forest stand delineation application shall include a forest stand summary analysis of existing forest stands and environmental features:

(1) Using field sampling with methods that ensure a minimum of 67 percent confidence level or procedures approved by the Department;

(2) Giving a general site description including soils, topography, and hydrology;

(3) Detailing methodology of sampling;

(4) Describing forest stand:

(a) Composition derived from species specific data,

(b) Structure,

(c) Condition,

(d) Function; and

(5) Evaluating areas for retention or disturbance.

G. An approved forest stand delineation may remain in effect for a period not longer than 5 years.

H. A simplified, intermediate, or full forest stand delineation shall:

(1) Be prepared by a licensed Maryland forester, licensed landscape architect, or qualified professional as specified in COMAR 08.19.06.01A; and

(2) Exhibit a stamp or certification of the preparer.

I. Authorized Signature.

(1) The application shall be signed by:

(a) An officer of the corporation or an authorized agent of a corporation;

(b) An authorized official of a federal, State, or local government;

(c) A partner of an association or partnership; or

(d) An individual applicant.

(2) The individual who signs an application is responsible for the truth, accuracy, and completeness of all information in the application.

J. Time for Submittal.

(1) A forest stand delineation for the affected tract shall be submitted:

(a) At the initial stages of subdivision or project plan approval;

(b) Before a grading permit application is submitted; or

(c) Before a sediment control application is submitted.

(2) A local jurisdiction or other approving authority that approves subdivision or project plans or that issues grading or sediment control permits may not proceed with the subdivision or permit approval process until it receives notice from the Department that the forest stand delineation is complete and correct.

K. Notification by the Department.

(1) The Department shall notify an applicant in writing within 30 calendar days of receipt of the forest stand delineation as to whether the application is complete and correct.

(2) If the forest stand delineation application is incomplete or information submitted is insufficient, the Department shall notify the applicant in writing of the additional information needed.

(3) If the delineation is incorrect, the Department shall notify the applicant and require the applicant to correct the delineation.

(4) If the Department fails to notify an applicant within 30 calendar days of receipt of the forest stand delineation application, the application shall be considered complete and the delineation correct.

(5) The Department may provide for an additional 15 calendar days for notification to an applicant when the following extenuating circumstances prevent consideration of the application:

(a) Inclement weather conditions;

(b) Review required by other State agencies;

(c) Review required by local agencies; or

(d) Other justifiable extenuating circumstances.

Md. Code Regs. 08.19.04.02

Regulations .02F amended effective November 22, 1993 (20:23 Md. R. 1803)
Regulations .02 and new Regulation .02 adopted effective July 1, 1996 (23:13 Md. R. 941)