Md. Code Regs. 27.02.05.15-3

Current through Register Vol. 52, No. 1, January 10, 2025

Section 27.02.05.15-3 - [Effective 1/20/2025] Planting Plan Requirements

A. Based on the constraints and opportunities presented by a project area, a State agency shall select from the following options to address the planting plan requirements of Regulation .15-1E and F of this chapter:

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

(a) The area within 300 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from 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; or

(2) If approved by the Commission:

(a) Plant off-site and the planting options are in accordance with §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 if it is authorized by the Department of the Environment; or

(d) Propose alternative mitigation options for Commission review.

B. A State agency shall ensure that any general landscape screening requirements for construction of an energy generating system are not included as part of the mitigation or on-site or off-site planting required in Regulation .15-1 of this chapter.

C. A State agency shall require a planting plan for:

(1) The area under the solar panels; or

(2) Replanting required in Regulation .15-ID and F of this chapter.

D. A State agency shall ensure long-term maintenance of the plantings.

Md. Code Regs. 27.02.05.15-3

Regulation .15-3 adopted effective 48:5 Md. R. 218, eff. 3/8/2021; amended effective 50:4 Md. R.111-172, eff. 3/6/2023; amended effective 52:1 Md. R. 1-46, eff. 1/20/2025.