Md. Code Regs. 27.01.14.06

Current through Register Vol. 51, No. 11, May 31, 2024

Section 27.01.14.06 - Planting Plan Requirements

A. Based on the constraints and opportunities presented by a project area, a local jurisdiction shall select from the following options to address the requirements for a planting plan in Regulation .04D and F of this chapter:

(1) Plant on-site in one of the following planting areas:

(a) The area within 300 feet beyond the landward boundary of tidal waters or tidal wetlands, or the edge of each bank of a tributary stream;

(b) Contiguous to or within a designated forest interior dwelling bird habitat; or

(c) A wildlife corridor;

(2) If a local jurisdiction has in place an agreement with the Commission:

(a) Plant off-site in accordance with the options specified in §A(1) of this regulation;

(b) Create a wetland migration area, nonstructural shoreline stabilization measure, or other nature-based practice that naturally adjusts to changing environmental conditions through the lifespan of the practice and is designed to address future sea level rise, precipitation-induced flooding, or other climate change impacts;

(c) Create, restore, or enhance a nontidal wetland that results in habitat and water quality benefits provided it is authorized by the Maryland Department of the Environment; or

(d) Propose alternative mitigation options that include provisions for Commission review; or

(3) Collect a fee in lieu in accordance with Regulation .07 of this chapter.

B. A local jurisdiction shall ensure that any general landscape screening requirements for an energy generating system are not included as part of the mitigation planting required in Regulation .04 of this chapter.

C. A local jurisdiction shall require a planting plan for:

(1) The area under the solar panels; or

(2) Replanting required in Regulation .04D and F of this chapter.

D. A local jurisdiction shall ensure long-term maintenance of the plantings through financial assurance measures.

E. A local jurisdiction shall require that all planting is in accordance with local reforestation and planting plan requirements, including protecting all planted areas through conservation easements, restrictive covenants, or other protective instruments.

Md. Code Regs. 27.01.14.06

Regulation .06 adopted effective 48:5 Md. R. 218, eff. 3/8/2021; amended effective 50:4 Md. R.111-172, eff. 3/6/2023