Md. Code Regs. 27.01.09.01-4 – Natural Regeneration Requirements.

A. The provisions of this regulation are:
1. (1) Applicable to a buffer management plan that includes natural regeneration; and
2. (2) In addition to the requirements under Regulation .01-3 of this chapter.
B. A local jurisdiction shall ensure that:
1. (1) The buffer management plan does not include any new managed lawn or turf;
2. (2) The natural regeneration area is within 300 feet of a mature forest of at least 1 acre that contains a seed bank of native species adequate for natural regeneration; and
3. (3) The buffer management plan includes all of the information identified in §C of this regulation.
C. The natural regeneration component of a buffer management plan shall consist of:
1. (1) A site plan that includes:
  1. (a) Delineation of the proposed area within 300 feet of a mature forest that contains a seed bank of native species adequate to support natural regeneration;
  2. (b) The soil type; and
  3. (c) In accordance with Regulation .01-2P of this chapter, signage that delineates the natural regeneration area at one sign per 200 linear feet along the boundary of the area; and
2. (2) A description in narrative form of:
  1. (a) Nearby seed sources of mature tree species;
  2. (b) Presence or absence of invasive species in the proposed natural regeneration area and in the nearby forest, and, if applicable, control practices for those invasive species;
  3. (c) Soil texture, soil moisture regime, sunlight exposure, and soil amendments of the proposed natural regeneration area;
  4. (d) Site preparation methods and timing;
  5. (e) A monitoring plan; and
  6. (f) A supplemental planting plan to be implemented in accordance with §D of this regulation; and
3. (3) Financial assurance for at least 5 years that:
  1. (a) Is sufficient to cover the cost of planting an area equivalent to the area of proposed natural regeneration; and
  2. (b) Specifies that release of the financial assurance may not occur until the natural regeneration area, through natural growth and, if necessary, implementation of the supplemental planting plan, contains at least 300 live trees on a per acre basis that are at least 4 feet tall.
D. Report, Inspection, and Procedures for Release of Financial Assurance.
1. (1) Five years after the date of approval of a buffer management plan that includes natural regeneration, the party responsible for the development or redevelopment activity and the survival of the planting associated with that activity shall submit to the local jurisdiction a report for the natural regeneration area that contains:
  1. (a) Photographs of the natural regeneration area;
  2. (b) Based on standard sampling practices, an estimate of the number and average size of trees growing within the natural regeneration area on a per acre basis; and
  3. (c) A list of all plant species found within the natural regeneration area.
2. (2) Upon receipt of the report, the local jurisdiction shall inspect the natural regeneration site.
3. (3) If the natural regeneration area does not contain at least 300 live trees on a per acre basis that are at least 4 feet tall, the local jurisdiction may:
  1. (a) Extend the term of the natural regeneration and financial assurance to allow for up to 5 additional years of growth, if the report and inspection indicate viable progress toward natural regeneration; or
  2. (b) Require implementation of the supplemental planting plan provided in the natural regeneration component of the buffer management plan.
4. (4) If the local jurisdiction extends the term of the natural regeneration and financial assurance to allow for additional growth under §D(3)(a) of this regulation, the local jurisdiction may increase the amount of financial assurance required.
5. (5) Upon expiration of the time provided under an extension of the term of natural regeneration and financial assurance or under a supplemental planting plan:
  1. (a) The party responsible shall submit to the local jurisdiction an updated report that contains all the information required under §D(1) of this regulation; and
  2. (b) Upon receipt of the report, the local jurisdiction shall re-inspect the natural regeneration site.
6. (6) At the end of 5 years after the date of approval of a buffer management plan that includes natural regeneration, at the end of a term extension provided under §D(3)(a) of this regulation, or at the end of the implementation of a supplemental planting plan required under §D(3)(b) of this regulation, if the natural regeneration area:
  1. (a) Contains at least 300 live trees on a per acre basis that are at least 4 feet tall, the local jurisdiction shall release the financial assurance; or
  2. (b) Does not contain at least 300 live trees on a per acre basis that are at least 4 feet tall, the local jurisdiction may not release the financial assurance.
7. (7) At any time during the course of performance of a buffer management plan under this regulation, if a local jurisdiction determines that natural regeneration is not likely in the time anticipated in the buffer management plan and that the party responsible is no longer available to complete performance of the buffer management plan, the local jurisdiction may apply the financial assurance to the implementation of the supplemental planting plan.

Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

Effective date: May 13, 1986 (12:24 Md. R. 2352)

COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.

COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992

Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)

Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)

Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)

Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994

Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)

Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)

Chapter revised effective March 5, 2012 (39:4 Md. R. 339)

Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)

Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)

Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)

Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)

Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)

Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)

Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)

Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)

Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)

Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)

Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)