Md. Code Ann., Nat. Res. § 5-1606
Redline — January 1, 2020 → current.View current text →
Current — January 1, 2025
As of January 1, 2020
(a) (1) For the following land use categories, tracts having less than 20% of the net tract area in forest cover shall be afforested up to 20% of the net tract area: (i) Agriculture and resource areas; and (ii) Medium density residential areas. (2) For the following land use categories, tracts having less than 15% of the net tract area in forest cover shall be afforested up to 15% of the net tract area: (i) Institutional development areas; (ii) High density residential areas; (iii) Mixed use and planned unit development areas; and (iv) Commercial and industrial use areas. (3) Afforestation requirements must conform to the conditions in §§ 5–1607 and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if afforestation on–site or off–site cannot be reasonably accomplished. (4) (i) The afforestation requirements under this subsection shall be accomplished within 1 year or 2 growing seasons after the completion of the development project. (ii) If afforestation cannot be reasonably accomplished on–site or off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this subtitle shall be met within 90 days after the completion of the development project. (5) Linear projects that involve no change in land use may not be subject to afforestation requirements.
(a) (1) For the following land use categories, tracts having less than 20% of the net tract area in forest cover shall be afforested up to 20% of the net tract area: (i) Agriculture and resource areas; and (ii) Medium density residential areas. (2) For the following land use categories, tracts having less than 15% of the net tract area in forest cover shall be afforested up to 15% of the net tract area: (i) Institutional development areas; (ii) High density residential areas; (iii) Mixed use and planned unit development areas; and (iv) Commercial and industrial use areas. (3) Afforestation requirements must conform to the conditions in §§ 5–1607 and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if afforestation on–site or off–site cannot be reasonably accomplished. (4) (i) The afforestation requirements under this subsection shall be accomplished within 1 year or 2 growing seasons after the completion of the development project. (ii) If afforestation cannot be reasonably accomplished on–site or off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this subtitle shall be met within 90 days after the completion of the development project. (5) Linear projects that involve no change in land use may not be subject to afforestation requirements. (6) Solar photovoltaic facilities may not be subject to afforestation requirements under this subtitle.
(b) There is a forest conservation threshold established for all land use categories as provided in subsection (c) of this section. The forest conservation threshold means the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1 acre removed.
(c) After every reasonable effort to minimize the cutting or clearing of trees and other woody plants is exhausted in the development of a subdivision plan and grading and sediment control activities and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation, or payment into the Forest Conservation Fund, according to the formula set forth in subsection (b) of this section and consistent with the following forest conservation thresholds for the applicable land use category:
(1) Agricultural and resource areas: 50% of net tract area;
(2) Medium density residential areas: 25% of net tract area;
(3) Institutional development areas: 20% of net tract area;
(4) High density residential areas: 20% of net tract area;
(5) Mixed use and planned unit development areas: 15% of net tract area; and
(6) Commercial and industrial use areas: 15% of net tract area.
(d) (1) Subject to the provisions of paragraph (2) of this subsection, for all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of 1/4 acre planted for every 1 acre removed.
(2) Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under paragraph (1) of this subsection.
(e) For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area below the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of 2 acres planted for every 1 acre removed.
(b) (1) Subject to § 5–1606.1 of this subtitle:
(i) Except as provided in item (ii) of this paragraph, for all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area, the area of forest removed shall be reforested at a ratio of 1 acre planted for every 1 acre removed; and
(ii) For all existing forest cover located in a priority funding area designated under § 5–7B–03 of the State Finance and Procurement Article, and not identified as a priority for retention as described in § 5–1607(c) of this subtitle, measured to the nearest 1/10 acre cleared on the net tract area, the area of forest removed shall be reforested at a ratio of 1/2 acre planted for every 1 acre removed.
(2) Upon meeting the reforestation and afforestation requirements in this section, all unforested riparian buffers on site shall be afforested and reforested, unless the applicant demonstrates to the Department or the local authority that afforestation in the riparian buffer:
(i) Would be in conflict with allowable uses as established for the riparian buffer;
(ii) Is located on park property and conflicts with the mission and established stewardship practices of the park; or
(iii) Is not suitable for the establishment and retention of the required planting materials, in which case substitute environmental protection measures must be implemented.
(c) (1) The reforestation requirements under this section shall be accomplished within 1 year or 2 growing seasons after completion of the development project.
(2) If reforestation cannot be reasonably accomplished on–site or off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this subtitle shall be met within 90 days after completion of the development project.
(2) If reforestation cannot be reasonably accomplished on–site or off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this subtitle shall be met within 90 days after completion of the development project.
(d) Except as provided in subsection (a)(6) of this section, a unit of local government with planning and zoning authority may adopt forest conservation thresholds and afforestation and reforestation requirements as part of its local forest conservation program that are more stringent than the forest conservation thresholds and afforestation and reforestation requirements in this section.
§5–1606.1. NOT IN EFFECT
** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 **
(a) (1) A local jurisdiction may propose, and the Department may approve, alternative afforestation, reforestation, and preservation requirements that are expected to result in the local program at a minimum maintaining its existing level of forest cover over a 4–year period.
(2) If the Department finds that the proposed alternative afforestation, reforestation, and preservation requirements are not expected to maintain the local jurisdiction’s baseline level of forest cover, the Department shall:
(i) Reject the proposed alternative afforestation, reforestation, and preservation requirements; and
(ii) Provide the local jurisdiction with written notice of the elements of the proposal that need to be revised.
(3) In determining whether proposed alternative afforestation, reforestation, and preservation requirements are expected to maintain the local jurisdiction’s existing level of forest cover, the Department shall:
(i) Consider credits generated under § 5–1607(b)(3) of this subtitle to be forest acreage;
(ii) Base its determination on the local annual reports required under § 5–1613 of this subtitle; and
(iii) Exclude the effect of a project:
1. Approved before July 1, 2024; or
2. Described in § 5–1602(b) of this subtitle.
(4) On or before December 31, 2028, the Department shall provide written notice requiring modification of alternative afforestation, reforestation, and preservation requirements if the local program does not:
(i) Maintain or expand the local jurisdiction’s existing level of forest cover over two consecutive 2–year periods; or
(ii) Submit the local annual reports required under § 5–1613 of this subtitle.
(5) On or after January 1, 2029, the Department may rescind approval of alternative afforestation, reforestation, and preservation requirements if the local program does not meet a condition specified under paragraph (4)(i) or (ii) of this subsection.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.