1. A. A unit of local government having planning and zoning authority:

   1. (1) Shall adopt, by December 31, 1992, a local forest conservation program which meets or is more stringent than the requirements and standards of Natural Resources Article, §§5-1601—5-1612, Annotated Code of Maryland, and this subtitle; or
   2. (2) May assign its obligation to its county, under Natural Resources Article, §5-1603(a)(3), Annotated Code of Maryland, if it is a municipality and if the county and the Department concur.

2. B. Except as provided under §D of this regulation, a county which, after July 1, 1991, has 200,000 acres or more of forest cover, may request an exemption if the:

   1. (1) County submits to the Department a letter signed by the appropriate county official requesting an exemption; and
   2. (2) Department confirms that the county has 200,000 acres or more based on data from the Maryland Office of Planning or the Department's forest resource inventory provided for in COMAR 08.19.06.04.

3. C. A municipality in a county exempted under §B of this regulation:

   1. (1) Is not considered exempt unless it has assigned its obligations to its county under Natural Resources Article, §5-1603(a)(4), Annotated Code of Maryland; and

   2. (2) May continue its exempt status without assigning its obligations every 2 years if the county:

      1. (a) Retains its exemption; and
      2. (b) Concurs with the assignment.

4. D. The counties of Allegany and Garrett, including the municipalities in each county:

   1. (1) Are exempt from §§A of this regulation; and
   2. (2) May continue the exemption during the time the counties maintain 200,000 acres or more of forest cover based on data from the Maryland Office of Planning or the Department's forest resource inventory, provided for in COMAR 08.19.06.04.
5. E. A county or municipality exempt under §§B—D of this regulation may at any time submit a local Forest Conservation Program to the Department for approval under Natural Resources Article, §§5-1601—5-1612, Annotated Code of Maryland.

Authority: Natural Resources Article, §§5-1601—5-1613, Annotated Code of Maryland

Effective date: January 20, 1992 (19:1 Md. R. 24)

Regulation .01A amended effective July 1, 1996 (23:13 Md. R. 941)

Regulation .01C amended effective August 28, 2001 (28:16 Md. R. 1481)

Regulation .02 amended effective July 1, 1996 (23:13 Md. R. 941); June 15, 1998 (25:12 Md. R. 945); August 20, 2001 (28:16 Md. R. 1481); November 2, 2009 (36:22 Md. R. 1723)

Regulation .02I amended effective January 24, 2011 (38:2 Md. R. 83); November 4, 2019 (46:22 Md. R. 976)

Regulation .02R adopted effective January 26, 2009 (36:2 Md. R. 100)

Regulation .04B amended effective June 15, 1998 (25:12 Md. R. 945); November 4, 2019 (46:22 Md. R. 976)

Regulation .04F amended effective June 15, 1998 (25:12 Md. R. 945); February 3, 2014 (41:2 Md. R. 90)

Regulation .05 adopted effective June 15, 1998 (25:12 Md. R. 945)

Regulation .05A amended effective November 4, 2019 (46:22 Md. R. 976)

Regulation .05A, B amended effective January 26, 2009 (36:2 Md. R. 100)