Ch. 819

LAWS OF MARYLAND

5-101.

(a) In this title[,] the following words have the meanings
indicated.

(d) "Person" includes the State, any county, municipal
corporation, or other political subdivision of the State, or any
of their units, or an individual, receiver, trustee, guardian,
executor, administrator, fiduciary, or representative of any
kind, or any partnership, firm, association, public or private
corporation, or any other entity.

5-103.

(a)  (1) In this section the following words have the
meanings indicated.

(2) "CONSTRUCTING AGENCY" MEANS:

(I)  A UNIT OF STATE GOVERNMENT; OR

(II)  ANY OTHER PERSON WHO USES STATE FUNDING
AND PERFORMS ANY CONSTRUCTION ACTIVITY WITH THE STATE FUNDING.

[(2)] (3) (i) "Forest" means a biological community
dominated by trees and other woody plants covering a land area of
1 acre or more.

(ii) "Forest" includes an area that has been
cut but not cleared of trees and other woody plants.

[(3)] (4) "Watershed" means all lands lying within an
area described as a subbasin in water quality regulations adopted
by the Department of Health and Mental Hygiene.

(b)  To accomplish a construction activity involving land
clearing, a unit of State government OR ANY OTHER PERSON USING
STATE FUNDING FOR THE CONSTRUCTION PROJECT:

(1)  May cut or clear only the minimum number of trees
and other woody plants that are necessary and consistent with
sound design practices; and

(2)  Shall make every reasonable effort to minimize
the cutting or clearing of trees and other woody plants.

(c)  (1) If the total area of forest cut or cleared in
connection with a construction activity by a unit of State
government OR ANY OTHER PERSON USING STATE FUNDING FOR THE
CONSTRUCTION PROJECT equals 1 acre or more, the constructing
agency shall locate an equivalent area of State-owned OR OTHER
PUBLICLY OWNED land to be reforested by the Department at a rate
not to exceed [$200] $500 an acre.

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