Md. Code Regs. 27.01.05.02

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

Section 27.01.05.02 - Criteria

In developing their Critical Area programs, local jurisdictions shall use the following criteria:

A. Where forests or developed woodlands occur within local jurisdictions, the local jurisdictions shall develop a forest preservation plan as part of their Critical Area program. These plans are to be developed in cooperation with the Forestry Programs and the Fish, Heritage and Wildlife Administration of the Department of Natural Resources and other appropriate agencies.

B. Each forest preservation plan shall consist of the following:

(1) Identification and mapping, or otherwise designating, forests and developed woodland occurring within the Critical Area;

(2) Identification of those forest areas and developed woodlands which include habitat protection areas in COMAR 27.01.09; and which also may include forest areas that are periodically flooded within the State wetlands boundary; and

(3) Programs to provide incentives for the conversion of other land uses to forested conditions.

C. Where forests or developed woodland occur within the local jurisdiction's Critical Area, local policies and programs for tree cultural operations in the Critical Area shall include all of the following:

(1) A forest management plan shall be required for all timber harvesting occurring within any 1-year interval and affecting 1 or more acres in forests and developed woodland in the Critical Area. The plans shall be prepared by a registered professional forester and be reviewed and approved by the Forestry Programs and the Fish, Heritage and Wildlife Administration of the Department of Natural Resources through the District Forestry Boards and the project forester, and filed with an appropriate designated agency within their local jurisdiction. Plans shall include measures to protect surface and ground water quality and identify whether the activities will disturb or affect habitat protection areas as identified in COMAR 27.01.09, and incorporate protection measures for these areas as specified by the local jurisdictions. To provide for the continuity of habitat, the plans shall address mitigation through forest management techniques which include scheduling size, timing and intensity of harvest cuts, afforestation, and reforestation.

(2) A sediment control plan shall be required for all harvests of 5,000 square feet or more of disturbed area in the Critical Area, including harvesting on agricultural lands. This plan shall be developed according to the State guidelines entitled: "Standard Erosion and Sediment Control Plan for Forest Harvest Operations." The operations shall be implemented in accordance with specifications set out by the Forestry Programs and the Fish, Heritage and Wildlife Administration of the Department of Natural Resources, and enforced by the Department of Natural Resources or the local jurisdictions.

(3) The cutting or clearing of trees within the 100-foot Buffer, as described in COMAR 27.01.09, shall be in accordance with that chapter.

Md. Code Regs. 27.01.05.02