Md. Code Regs. 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.
Notes
Regulations .05A amended effective November 22, 1993 (20:23 Md. R. 1803)
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