Md. Code Regs. 08.19.04.05

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

Section 08.19.04.05 - Final Forest Conservation Plan Submittal Procedures

A. A final 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 final forest conservation plan approval to determine whether it is complete and correct; and

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

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

(1) Locations and types of protective devices to be used during construction activities to protect trees, and forests designated for conservation, including protective devices:

(a) Which shall be installed if clearing, grading, or construction occurs within 50 feet of a retention area; and

(b) That shall be field located and inspected pursuant to Regulation .14 of this chapter before the start of construction;

(2) Protective measures which shall include:

(a) Details and specifications required to implement the proposed protection measures;

(b) A construction sequence that describes:

(i) Clearing, grading, or installation of sediment and erosion control measures;

(ii) Installation and removal of protective devices;

(iii) Inspections;

(iv) Other activities that may be required to implement the proposed protection measures;

(c) A requirement that no equipment, vehicles, machinery, dumping, storage, other construction activities, burial, fire, or other disposal of construction materials shall be located inside forest retention areas, subject to approval by the approving authority, or an amended forest conservation plan;

(d) A requirement that fires permitted in the construction area shall conform with State and local regulations for fire control, and may not enter the retention area or its canopy;

(e) A requirement that field adjustments may be made subject to approval of an amended forest conservation plan;

(3) Assurances that forest retention area protective devices shall be:

(a) Visible;

(b) Well-anchored;

(c) Approved in the field before clearing or grading, or when construction commences; and

(d) In place and maintained as needed until construction completion, final inspection, and an occupancy permit is issued, unless waived by the approving authority;

(4) Substantive elements required by Regulations .04C-E of this chapter, as finalized elements of the forest conservation plan, including:

(a) A binding minimum 2-year maintenance agreement specified in COMAR 08.19.05.01AA that details how the areas designated for afforestation or reforestation be maintained to ensure protection and satisfactory establishment of forest, including;

(i) Watering, and

(ii) Reinforcement planting provisions if survival falls below the required recommendations in the following chart:

Size	Number Required Per Acre	Approximate Spacing Feet on Center	Survivability Requirement At the End of the Second Growing Season
Bare Root Seedlings or Whips	700	8 x 8	55%/385 acres
Container Grown Seedling Tubes (Minimum Cavity Width 1.5")	450	10 x 10	65%/290 acres
Container Grown 1, 2, 3 Gallon	350	12 x 12	75%/260 acres
Container Grown 5, 7 Gallon or 1" Caliper B & B	200	15 x 15	85%/170 acres
Container Grown 15, 25 Gallon or 1.5 - 2" Caliper B & B	100	20 x 20	100%/100 acres

Notes:

1. These stocking and survival requirements are the minimum numbers estimated to meet the definition of forest from bare land.

2. In certain circumstances, any combination of the above mentioned stocking options, dry seeding, tree shelters, transplants, and/or natural regeneration may be appropriate strategies to fulfill the requirements of an approved Forest Conservation Plan. They will be evaluated on a case-by case basis by the approving authority.

3. Spacing does not imply that trees or shrubs must be planted in a grid pattern.

(b) A long-term binding protective agreement specified in COMAR 08.19.05.02A that:

(i) Provides protection for areas of forest conservation, including areas of afforestation, reforestation, and retention; and

(ii) Limits uses in areas for forest conservation to those uses that are consistent with forest conservation, including recreational activities and forest management practices that are used to preserve forest; and

(5) Other information the Department determines is necessary.

D. If critical root zone in the retention area is disturbed by clearing, grading, or construction, additional protective measures shall be required, including:

(1) Root pruning;

(2) Crown reduction; or

(3) Watering.

E. 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.

F. The final forest conservation plan shall be:

(1) Submitted for a site at the same time as the following plans or permit applications are submitted:

(a) A final subdivision plan,

(b) A final project plan,

(c) An application for a grading permit; and

(2) Approved before a final subdivision or project plan is approved, or a grading or sediment control permit is issued.

G. The final forest conservation plan may not be modified without the approval of the Department.

H. For purposes of submitting the final forest conservation plan, the Department shall consult with the local jurisdiction and shall determine when, in the subdivision process, the final plan of subdivision occurs.

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

Md. Code Regs. 08.19.04.05

Regulations .05 repealed and new Regulation .05 adopted effective July 1, 1996 (23:13 Md. R. 941)
Regulations .05A amended effective November 22, 1993 (20:23 Md. R. 1803)