1. 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.
2. 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.

3. 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. (1) Will occur within the same county or watershed as the applicant's project; and

   2. (2) Are not being planted to comply with:

      1. (a) Reforestation or afforestation requirements of the State or local Forest Conservation Act program, or
      2. (b) Requirements of any other federal, State, or local statute, ordinance, or regulation.

4. 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. (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. (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.

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Regulation .02 repealed and new Regulation .02 adopted effective July 1, 1996 (23:13 Md.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