A local jurisdiction shall:
- A. Collect at least $1.50 per square foot of mitigation as required in Regulation .06 of this chapter;
- B. Ensure the fee is adequate to cover the cost associated with administration, acquisition, planting, monitoring, and maintenance for the required mitigation or required planting requirements of Regulation .04D and F of this chapter;
- C. Establish a separate account independent of other Critical Area funds, which may not revert to a local jurisdiction’s general fund, for the collection of the fee in lieu;
- D. Prohibit the use of the fees to meet other landscaping requirements; and
E. Use the fees to accomplish:
- (1) Off-site plantings in accordance with the options provided in Regulation .06A(1) of this chapter; or
- (2) Other water quality and habitat enhancement projects provided in Regulation .06A(2) of this chapter, and as described in a local Critical Area program approved by the Commission or in an agreement between the local jurisdiction and the Commission.
Authority: Natural Resources Article, §§8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland
Effective date: March 8, 2021 (48:5 Md. R. 218)
Regulation .02-1 adopted effective September 6, 2021 (48:18 Md. R. 694)
Regulation .03A, B amended effective January 20, 2025 (52:1 Md. R. 19)
Regulation .03G, H repealed effective September 6, 2021 (48:18 Md. R. 694)
Regulation .05B amended effective January 20, 2025 (52:1 Md. R. 19)
Regulation .06 amended effective January 20, 2025 (52:1 Md. R. 19)
Regulation .06A amended effective March 6, 2023 (50:4 Md. R. 123)