Md. Code Regs. 08.19.04.09 - State Forest Conservation Fund
A. Payments
by an applicant made instead of afforestation or reforestation shall be used only
for the costs associated with reforestation and afforestation, including site
identification, acquisition, preparation, maintenance of existing forests, and
achieving urban canopy goals.
B. Fines
collected from persons found to be in noncompliance with their declaration of
intent, forest conservation plan or the associated 2-year maintenance agreement,
this subtitle, or local ordinances and regulations, may be used by the Department
for any costs associated with the implementation of Natural Resources Article,
§§5-1601 -5-1612,
Annotated Code of Maryland, and this subtitle.
C. If payments deposited under §A of this
regulation remain in the Fund longer than 2 years or 3 growing seasons, the
applicant may file a request, on a form provided by the Department, for the return
of the unspent monies, if the applicant demonstrates to the satisfaction of the
Department that the returned monies will be spent on tree plantings that:
(1) Will occur within the same county or watershed
as the applicant's project; and
(2) Are
not being planted to comply with:
(a)
Reforestation or afforestation requirements of the State or local Forest
Conservation Act program, or
(b)
Requirements of any other federal, State, or local statute, ordinance, or
regulation.
D.
Payment into the fee-in-lieu fund shall be determined by the Department and the rate
amount shall be adjusted yearly for inflation based on the previous year's inflation
rates:
(1) For a project inside a priority funding
area, as defined in Natural Resources Article, §5-1610, Annotated Code
of Maryland, at a rate of 30.5 cents per square foot of the area required planting;
and
(2) For a project outside a priority
funding area, at a rate of 36.6 cents per square foot of the area of required
planting.
Notes
Regulation .09C adopted effective June 15, 1998 (25:12 Md. R. 946)
Regulation .09-1 adopted effective June 15, 1998 (25:12 Md. R. 946)
Regulation .09 amended effective 42:6 Md. R. 511, eff.
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