1. A. A local jurisdiction shall collect a fee in lieu of buffer mitigation if the planting requirements under Regulation .01-2 of this chapter cannot be met.

2. B. A local jurisdiction shall:

   1. (1) Calculate the square footage of mitigation due in accordance with Regulation .01-2 of this chapter;
   2. (2) Except as provided under §C of this regulation, collect at least $1.50 per square foot of mitigation required;
   3. (3) Establish a special fund, which may not revert to the jurisdiction's general fund, for the collection of the fee in lieu of buffer mitigation; and

   4. (4) Use money from that fund only:

      1. (a) To establish the buffer on sites where planting is not a condition of development or redevelopment; or
      2. (b) For water quality and habitat enhancement projects, as described in a local Critical Area program approved by the Commission or in an agreement between the local jurisdiction and the Commission.

3. C. A local jurisdiction may utilize a lesser fee in lieu of buffer mitigation that is based on an alternative to the amount required under §B of this regulation if:

   1. (1) The jurisdiction demonstrates that its proposed alternative will ensure the receipt of funds sufficient to administer a financially sound fee in lieu of buffer mitigation program, based on the following costs in that jurisdiction:

      1. (a) Planting materials;
      2. (b) Labor;
      3. (c) Land acquisition, either by fee simple or by easement;
      4. (d) Planting maintenance; and
      5. (e) Monitoring and administration of the special account; and
   2. (2) The Commission approves the lesser alternative proposed.

4. D. Each year by April 1, on a form provided by the Commission, a local jurisdiction shall report to the Commission regarding the administration of its fee program and its special fund over the course of the previous calendar year, including:

   1. (1) The number of projects for which a fee was collected and the amount of the fee per project;
   2. (2) The total square footage of buffer impact that generated the fee;
   3. (3) A short description of each planting project, including the amount spent on each project;
   4. (4) The square footage area of buffer replanted;
   5. (5) The account balance as of December 31; and
   6. (6) If funds are purposely being held in the separate account in order to achieve a long-term purpose that is consistent with the local program polices and goals, the nature of that purpose and the projected time and funding that will be necessary to accomplish that purpose.

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)