1. A. A soil conservation district shall obtain and consider all of the following information to determine which best management practices are necessary and appropriate:

   1. (1) A delineation according to the Federal Manual of the extent of nontidal wetlands affected by forestry activities including acreage of nontidal wetland to be harvested.
   2. (2) The method and schedule for harvesting as prepared by a registered professional forester.
   3. (3) A description of equipment to be used to conduct forestry activities in nontidal wetlands.

   4. (4) The estimated location of:

      1. (a) Major skid trails;
      2. (b) Log decks; and
      3. (c) Roads.
   5. (5) The proposed location of diversion ditches.

   6. (6) A description of anticipated site preparation methods. Methods may include one or more of the following, as appropriate:

      1. (a) Bedding;
      2. (b) Stabilization;
      3. (c) Additional clearing or stump removal;
      4. (d) Chemical treatment.
   7. (7) Description of measures to rectify disturbances from temporary forest roads, log decks, skid trails, and other temporary structures as necessary.
   8. (8) The proposed planting or regeneration method.
   9. (9) Forestry activities and protection areas in nontidal wetlands of special State concern described in Regulation .02E(4) of this chapter.

2. B. A person conducting forestry activities in loblolly pine nontidal wetlands regulated under the seed tree law may submit a reforestation plan, instead of the information requirements of §A of this regulation, to a soil conservation district to expedite a review of a sediment and erosion control plan if the reforestation plan:

   1. (1) Contains information required under §A of this regulation to approve best management practices appropriate to the site; and
   2. (2) Has been approved by the Department.

3. C. Plan Processing and Approval.

   1. (1) A soil conservation district shall:

      1. (a) Delineate or review and approve the delineation of nontidal wetlands according to the Federal Manual; and
      2. (b) Review and approve the sediment and erosion control plan if it complies with this regulation and Regulation .02 of this chapter.
   2. (2) A soil conservation district may use guidance maps prepared by the Department to assist in the identification of nontidal wetlands of special State concern.
   3. (3) The Department shall delineate the primary and secondary protection areas for nontidal wetlands of special State concern in consultation with a soil conservation district. Comments from the landowner and the registered professional forester prescribing the harvest method and schedule shall be considered.

   4. (4) A person conducting forestry activities shall:

      1. (a) Submit copies of an approved sediment and erosion control plan to the Department; and
      2. (b) Notify the soil conservation district when site conditions require a change in best management practices.
   5. (5) A person conducting forestry activities in nontidal wetlands on State lands shall submit sediment and erosion control plans to the Department for approval.
   6. (6) The Department shall recommend additional voluntary protection standards for forestry activities in nontidal wetlands upon request from a person conducting forestry activities.
   7. (7) Forestry activities in nontidal wetlands shall be subject to the enforcement provisions of COMAR 26.23.01.05.
   8. (8) A soil conservation district shall cooperate with the Department to resolve a violation of these regulations caused by a forestry activity.

Authority: Environment Article, §§5-901—5-911, Annotated Code of Maryland

Effective date: March 15, 1990 (17:5 Md. R. 637)

Chapter revised as an emergency provision effective January 1, 1991 (18:2 Md. R. 128)

Chapter revised effective May 13, 1991 (18:9 Md. R. 1007)

Regulations .01—.04, .08, .09, .14, .15, and .22 amended and Regulation .27 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1649); emergency status expired April 1, 1994

Regulations .01—.04, .08, .09, .14, .15, and .22 amended and Regulation .27 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1151); Regulations .01—.04, .08, .09, .14, and .22 amended and .27 adopted permanently effective October 24, 1994, (21:21 Md. R. 1813)

Regulations .01 and .15—.18 amended and Regulation .17-1 adopted effective November 7, 1994 (21:22 Md. R. 1874)

Regulations .01—.03 were recodified from Regulations .19—.21, respectively, under COMAR 08.05.04 Nontidal Wetlands, February 1996