Md. Code Regs. 08.19.04.04

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

Section 08.19.04.04 - Preliminary Forest Conservation Plan Submittal Procedures

A. A preliminary forest conservation plan shall:

(1) Be prepared by a licensed Maryland forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01A; and

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

B. The Department shall:

(1) Review an application for preliminary forest conservation plan approval to determine whether it is complete and correct; and

(2) Acknowledge receipt of the preliminary forest conservation plan in writing by regular mail.

C. The Department shall consider an application complete if the application contains all of the following:

(1) The approved forest stand delineation for the site to scale;

(2) A table listing the:

(a) Proposed values, when applicable, of the following to the nearest 1/10 of an acre including total:

(i) Parcel area,

(ii) Tract area,

(iii) Area in 100-year nontidal floodplain,

(iv) Net tract area,

(v) Area of existing forest cover,

(vi) Area of proposed forest clearing,

(vii) Area of reforestation,

(viii) Area of afforestation,

(ix) Area of retention areas;

(b) Land use category, pertinent threshold percent, and area;

(3) Proposed location of retention areas;

(4) Proposed specifications for protection of retention areas;

(5) In the case of afforestation or reforestation, a proposed afforestation or reforestation plan which shows:

(a) Locations of areas to be planted;

(b) Specifications for conducting the afforestation or reforestation;

(c) Construction sequence with notification for inspection;

(d) Proposed maintenance and monitoring agreement;

(6) If the preliminary forest conservation plan designates off-site planting, the plan proposed in §C(5) of this regulation which contains a map of the proposed planting site showing:

(a) Location;

(b) Soils;

(c) Environmental features which are priority planting areas as stated in Natural Resources Article, § 5-1607(d), Annotated Code of Maryland;

(7) Proposed limits of disturbance delineated;

(8) Proposed long-term protection agreement; and

(9) Sufficient information for the Department to process the forest conservation plan.

D. The review of a preliminary forest conservation plan shall be concurrent with the review of the preliminary site plan.

E. A preliminary forest conservation plan may be modified during the different stages of the review process provided the Department approves the changes.

F. 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 person who signs an application shall be responsible for the truth, accuracy, and completeness of all information in the application.

G. The preliminary forest conservation plan shall be:

(1) Submitted at a reasonable time before a preliminary plan of subdivision is submitted; and

(2) Approved at the same time as a preliminary plan of subdivision is approved, unless the Department determines that the preliminary forest conservation plan is incomplete.

H. For the purposes of processing the preliminary forest conservation plan, the Department shall:

(1) Consult with the jurisdiction; and

(2) Determine when in the subdivision review process the preliminary plan of subdivision occurs.

I. Approval of a preliminary forest conservation plan under the State program supersedes any inconsistent local laws, ordinances, or plans.

J. An applicant may submit the information required by §C of this regulation as part of the final forest conservation plan under Regulation .05 of this chapter.

Md. Code Regs. 08.19.04.04

Regulations .04A amended effective November 22, 1993 (20:23 Md. R. 1803)
Regulations .04 repealed and new Regulation .04 adopted effective July 1, 1996 (23:13 Md. R. 941)
Regulation .04J adopted effective August 20, 2001 (28:16 Md. R. 1482)