1. A. A person subject to this subtitle making application for subdivision approval, project plan approval, grading permit, or sediment control permit shall:

   1. (1) Conduct afforestation on the lot or parcel in accordance with the following:

      1. (a) A tract having less than 20 percent of the net tract area in forest cover shall be afforested up to 20 percent of the net tract area for the following land use categories:

         1. (i) Agriculture and resource areas, and
         2. (ii) Medium density residential areas;

      2. (b) A tract with less than 15 percent of its net tract area in forest cover shall be afforested up to 15 percent of the net tract area for the following land use categories:

         1. (i) Institutional development areas,
         2. (ii) High density residential areas,
         3. (iii) Mixed use and planned unit development areas, and
         4. (iv) Commercial and industrial use areas;

   2. (2) Comply with the following when cutting into forest cover that is currently below the afforestation percentages described in §A of this regulation:

      1. (a) The required afforestation level shall be determined by the amount of forest existing before cutting or clearing begins; and
      2. (b) Reforestation or afforestation for forest cut or cleared below the required afforestation level shall be reforested or afforested at a 2 to 1 ratio and added to the amount of afforestation necessary to reach the minimum required afforestation level.
2. B. In a jurisdiction that does not have a local program in effect, the Department shall designate the forest conservation threshold for each of that jurisdiction's zoning categories.

3. C. The following trees, shrubs, plants, and specific areas are considered priority for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the Department, that all reasonable efforts have been made to protect them and the plan cannot reasonably be altered:

   1. (1) Trees, shrubs, and plants located in sensitive areas including the 100-year floodplain, intermittent and perennial streams and their buffers, coastal bays and their buffers, steep slopes, nontidal wetlands, and critical habitats; and
   2. (2) Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site.

4. D. The following trees, shrubs, plants, and specific areas are considered priority for retention and protection, and shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the Department, that the applicant qualified for a variance in accordance to Regulation .10 of this chapter:

   1. (1) Trees, shrubs, or plants determined to be rare, threatened, or endangered under:

      1. (a) The federal Endangered Species Act of 1973 in 16 U.S.C. §§1531—1544 and in 50 CFR 17,
      2. (b) The Maryland Nongame and Endangered Species Conservation Act, Natural Resources Article, §§10-2A-01—10-2A-09, Annotated Code of Maryland, and
      3. (c) COMAR 08.03.08;

   2. (2) Trees that:

      1. (a) Are part of an historic site,
      2. (b) Are associated with an historic structure, or
      3. (c) Have been designated by the Department as a national, State, or local champion tree; and

   3. (3) A tree having a diameter measured at 4.5 feet above the ground of:

      1. (a) 30 inches or more, or
      2. (b) 75 percent or more of the diameter, measured at 4.5 feet above the ground, of the current State champion tree of that species as designated by the Department of Natural Resources.

Authority: Natural Resources Article, §§1-104 and 5-1601—5-1612; State Government Article, §10-206; Annotated Code of Maryland

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

Regulation .01 amended effective November 2, 2009 (36:22 Md. R. 1723)

Regulation .01A amended effective March 14, 2005 (32:5 Md. R. 579)

Regulations .02F, .04A, and .05A amended effective November 22, 1993 (20:23 Md. R. 1803)

Regulation .02 repealed and new Regulation .02 adopted effective July 1, 1996 (23:13 Md. R. 941)

Regulation .03 amended effective July 1, 1996 (23:13 Md. R. 941); June 15, 1998 (25:12 Md. R. 946)

Regulation .03B amended effective November 2, 2009 (36:22 Md. R. 1723)

Regulation .04 repealed and new Regulation .04 adopted effective July 1, 1996 (23:13 Md. R. 941)

Regulation .04J adopted effective August 20, 2001 (28:16 Md. R. 1482)

Regulation .05 repealed and new Regulation .05 adopted effective July 1, 1996 (23:13 Md. R. 941)

Regulation .07 amended effective June 15, 1998 (25:12 Md. R. 946)

Regulation .07C, D amended effective November 2, 2009 (36:22 Md. R. 1723)

Regulation .08 amended effective June 15, 1998 (25:12 Md. R. 946)

Regulation .09A amended effective November 2, 2009 (36:22 Md. R. 1723)

Regulation .09C adopted effective June 15, 1998 (25:12 Md. R. 946)

Regulation .09C adopted effective March 30, 2015 (42:6 Md. R. 511)

Regulation .09-1 adopted effective June 15, 1998 (25:12 Md. R. 946)

Regulation .11A amended effective August 20, 2001 (28:16 Md. R. 1482)

Regulation .12B, E amended effective August 20, 2001 (28:16 Md. R. 1482)

Regulation .13B amended effective April 5, 2010 (37:7 Md. R. 569)