1. A. In accordance with all of the following requirements, the buffer shall be managed to achieve or enhance the functions stated in Regulation .01 of this chapter:

   1. (1) Except as authorized under §A(2) of this regulation, a person may not cut or clear trees within the buffer; and

   2. (2) The commercial harvesting of trees may be authorized if:

      1. (a) The commercial harvesting is by:

         1. (i) Selection cutting; or
         2. (ii) The clearcutting of loblolly pine or tulip poplar;

      2. (b) The cutting or clearing is at least 50 feet:

         1. (i) Landward from the mean high water line of tidal waters;
         2. (ii) From the landward boundary of a tidal wetland; and
         3. (iii) From the edge of each bank of a tributary stream;
      3. (c) The cutting does not occur in the habitat protection areas described in COMAR 27.01.09.02.—05; and
      4. (d) The cutting is conducted in conformance with the requirements of COMAR 27.01.05 and in conformance with a buffer management plan prepared by a registered, professional forester and approved by the Department of Natural Resources.

2. B. The buffer management plan shall be required for all commercial harvests within the buffer, regardless of the size of the area to be cut, and shall contain the following minimum requirements:

   1. (1) Disturbance to stream banks and shorelines shall be avoided;
   2. (2) The area disturbed or cut shall be replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife, and reestablishes the wildlife corridor function of the buffer; and
   3. (3) The cutting does not involve the creation of logging roads and skid trails within the buffer.
3. C. Commercial harvesting of trees, by any method, may be authorized up to the edge of each bank of an intermittent stream if the cutting is conducted in conformance with the requirements of §A(2)(c) of this regulation.

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)