Md. Code Regs. 27.01.09.01-7 - Tree Clearing and Timber Harvesting

A. The buffer shall be managed to achieve or enhance the functions stated in Regulation .01 of this chapter. Cutting or clearing of trees within the buffer shall be prohibited except that commercial harvesting of trees by selection or by the clearcutting of loblolly pine and tulip poplar may be permitted to within 50 feet of the landward edge of the mean high water line of tidal waters and perennial tributary streams, or the edge of tidal wetlands if:

(1) This cutting does not occur in the habitat protection areas described in COMAR 27.01.09.02A, .03, .04, and .05; and

(2) The cutting is conducted pursuant to the requirements of COMAR 27.01.05 and in conformance with a buffer management plan prepared by a registered, professional forester and approved by the Forestry Programs and the Fish, Heritage and Wildlife Administration of the Department of Natural Resources.

B. The plan shall be required for all commercial harvests within the buffer, regardless of the size of the area to be cut, and shall contain the following minimum requirements:

(1) Disturbance to stream banks and shorelines shall be avoided;

(2) The area disturbed or cut shall be replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife, and reestablishes the wildlife corridor function of the buffer; and

(3) The cutting does not involve the creation of logging roads and skid trails within the buffer.

C. Commercial harvesting of trees, by any method, may be permitted to the edge of intermittent streams provided that the cutting is conducted pursuant to the requirements of §A(1) of this regulation.

Notes

Md. Code Regs. 27.01.09.01-7

Regulations .01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)