Md. Code Regs. 08.19.02.04 - Biennial Review
A. The Department shall
conduct a review of each local program at least every 2 years from the date the
program is approved.
B. The review shall
consist of:
(1) Documentation from the local
authority which includes the:
(a) Number,
location, and type of projects;
(b)
Number and location of acres cleared, conserved, and planted;
(c) Amount of reforestation and afforestation fees
and noncompliance penalties collected and expended, the number of acres for which
the fees were collected, and the number of acres reforested, afforested, or
conserved using the fees; and
(d) Number
and location of forest mitigation banks approved;
(2) Field checks by the Department at development
projects subject to the local program and forest mitigation banks approved by the
local program; and
(3) An evaluation of
compliance with the performance standards and required forest conservation measures
provided in Natural Resources Article, §§
5-1601 -5-1612,
Annotated Code of Maryland.
C.
The information required by §B(1) of this regulation shall be submitted with a
letter signed by the person in charge of the local program.
D. A local authority having a proposed amendment
to its program shall demonstrate to the Department's satisfaction that the proposed
amendment is as stringent or more stringent than the provisions of Natural Resources
Article, §§
5-1601 -5-1612,
Annotated Code of Maryland, and this subtitle.
E. The Department may conduct a review at any time
it receives information that a local program is being administered in substantial
violation of Natural Resources Article, §§
5-1601 -5-1612,
Annotated Code of Maryland, and this subtitle.
F. If the Department notifies a local authority
that the authority's program is in noncompliance and the local authority has failed
to comply with the terms of the notice with 90 days, the Department may do one or
more of the following:
(1) Assume review and
approval of all forest conservation plans and forest mitigation bank applications
within the jurisdiction of the local authority until the deficiencies are corrected;
(2) On a finding by an auditor made in
consultation with the Office of the Attorney General that a local authority has
misappropriated local forest conservation funds, the Department may require the
local authority to submit payment to the State Forest Conservation Fund for the
amount of any misappropriated local forest conservation funds; and
(3) Request that the Attorney General investigate
payments and expenditures of funds collected by the local authority under this
subtitle.
G. The Department's
assumption of a local program does not affect the validity of a prior approval of a
forest conservation plan granted by the local authority.
H. Every 2 years, the Department shall review an
exemption received by a county under Regulation .01B or D of this chapter.
I. Loss of County's Exemption.
(1) If a county fails to maintain at least 200,000
acres of forest cover, the Department shall:
(a)
Revoke the exemption status of the county, including municipalities; and
(b) Provide notice of revocation in the Maryland
Register and in a daily newspaper distributed in the county.
(2) Within a county or municipality which has lost
its exemption, a person who has not received final plat or equivalent approval, or
who has not been issued a grading or sediment control permit for a project, is
subject to the State program 60 days after the publication of the notice of
revocation described in §I(1)(b) of this regulation.
(3) Within 4 months of initial publication of
notice of revocation, a county and any municipality which has not assigned its
obligation provided in Natural Resources Article, §
5-1603(a)(3),
Annotated Code of Maryland, shall submit a proposed program to the
Department.
(4) Within 2 months of
submission, the Department shall approve a program as submitted by the county or
municipality or provide written notice of program elements needing
revision.
(5) Revisions required by the
Department shall be submitted to the Department within 2 months of the date the
Department notified the county or municipality of the need for revisions.
(6) If a county or municipality does not adopt a
local program, the Department shall continue to review and approve all forest stand
delineations and forest conservation plans within that county or
municipality.
J. Appeal of
Program Suspension or Revocation.
(1) If a local
program is found to be deficient by the Department, the appropriate official of the
local authority may request a hearing before the Secretary. The hearing is not a
contested case hearing under State Government Article, Title 10, Subtitle 2,
Annotated Code of Maryland.
(2) A
hearing request shall be in writing and filed with the Secretary within 30 days of
issuance of the decision to suspend or revoke.
(3) The hearing request shall contain:
(a) The name, address, and telephone number of the
person requesting the hearing;
(b) A
description of the grounds for the request;
(c) A statement of the specific relief desired as
a result of the hearing;
(d) An outline
of the evidence to be presented in support of the desired relief, including the
names and addresses of all witnesses to be called; and
(e) Documentation which describes the authority of
the person requesting the hearing to represent the local
authority.
(4) A hearing
before the Secretary shall be conducted within 60 days unless delayed because of
extenuating circumstances.
(5) The
decision of the Secretary, on the basis of the hearing, shall be the final decision
of the Department.
Notes
Regulation .04F amended effective June 15, 1998 (25:12 Md. R. 945); 41:2 Md. R. 90, eff.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.