Md. Code Regs. 08.19.04.09-1 - State Forest Mitigation Banks
A. A person may
create a forest mitigation bank from which applicants may purchase credits by
afforesting or reforesting an area of land in accordance with a forest mitigation
bank plan which has been approved by the Department.
B. The area of land on which the bank is planted
shall be a minimum of 1 acre.
C. A
forest mitigation bank shall use native plants for afforestation and reforestation,
unless inappropriate.
D. A person
proposing to create a forest mitigation bank shall submit to the Department:
(1) A completed application on a form approved by
the Department which has been signed by an authorized individual in conformance with
COMAR 08.19.04.02I;
and
(2) A forest mitigation bank plan
which shall include:
(a) A 2-year maintenance
agreement which meets all the standards described in COMAR 08.19.05,
(b) A bond or other alternate form of security to
ensure that the trees will be cared for and maintained for 2 years or until
sufficiently established, whichever is longer,
(c) All the information required by Regulation .04
of this chapter for a preliminary forest conservation plan, and
(d) The draft easement, covenants, or deed
restrictions which will be sold to the developer when credits are withdrawn from the
bank.
E. A forest
mitigation bank shall:
(1) Establish or enhance
forest buffers adjacent to intermittent and perennial streams and coastal bays to
widths of at least 50 feet;
(2)
Establish or increase existing forested corridors, which where practical should be a
minimum of 300 feet in width to facilitate wildlife movement, to connect existing
forests within or adjacent to the site;
(3) Establish or enhance forested buffers adjacent
to critical habitats where appropriate;
(4) Establish or enhance forested areas in
100-year floodplains;
(5) Stabilize
slopes of 25 percent or greater;
(6)
Stabilize slopes of 15 percent or greater with a soil K value greater than 0.35
including the slopes of ravines or other natural depressions;
(7) Establish buffers adjacent to areas of
differing land use where appropriate, or adjacent to highways or utility
rights-of-way; or
(8) Establish forested
areas adjacent to existing forests to increase the overall area of contiguous forest
cover, when appropriate.
F.
Credits may not be debited from a forest mitigation bank until the trees planted in
the bank have successfully survived for 2 years from the date of planting unless the
bank has planted 25 percent more trees than is required for the project.
G. On or before March 1 of each year, a forest
mitigation bank shall submit an annual report to the Department which contains a
list of all the tracts debited from the bank during the previous year.
H. In order to debit credits from an approved
forest mitigation bank, an applicant may draw credits from a forest mitigation bank
by conveying or causing to be conveyed to the Department or its assignees, the
easement, covenants, or deed restrictions which ensure that the newly reforested or
afforested area of land shall remain a forest in perpetuity. The credits shall
purchase the amount of land identified in Regulation .08 of this chapter.
Notes
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