Ch. 610                                    LAWS OF MARYLAND

(1) IS ON THE SITE BEING USED FOR THE CONSTRUCTION
ACTIVITY; OR

(2) IF SUFFICIENT AREA IS NOT AVAILABLE AT THE
CONSTRUCTION SITE, IS IN THE WATERSHED IN WHICH THE CONSTRUCTION
ACTIVITY IS LOCATED.

(C) (1) IF THE TOTAL AREA OF FOREST CUT OR CLEARED IN
CONNECTION WITH A CONSTRUCTION ACTIVITY BY A UNIT OF STATE
GOVERNMENT EQUALS 1 ACRE OR MORE, THE CONSTRUCTING AGENCY SHALL
LOCATE AN EQUIVALENT AREA OF STATE- OWNED LAND TO BE REFORESTED
BY THE DEPARTMENT AT A RATE NOT TO EXCEED $200 AN ACRE.

(2) THE REFORESTATION PROJECTS SHALL BE ESTABLISHED
ONLY ON STATE-OWNED LAND WHERE THE AGENCY THAT OWNS THE LAND
AGREES TO THAT USE.

(3) THE CONSTRUCTING AGENCY SHALL REIMBURSE THE
DEPARTMENT FOR THE REFORESTATION ACTIVITIES AT AN APPROPRIATE
RATE NOT TO EXCEED $200 PER ACRE.

(4) ANY LAND FOR A REFORESTATION PROJECT SHALL BE;

(I) ON THE SITE OR IN THE PROJECT RIGHT-OF-WAY
BEING USED FOR THE CONSTRUCTION ACTIVITY; OR

(II) IF SUFFICIENT AREA IS NOT AVAILABLE AT THE
SITE OR WITHIN THE PROJECT RIGHT OF WAY, ON STATE-OWNED LAND IN
THE WATERSHED IN WHICH THE CONSTRUCTION ACTIVITY IS LOCATED IF

SUFFICIENT AREA IS NOT AVAILABLE AT THE SITE OR WITHIN THE

PROJECT RIGHT-OF-WAY..

(D)(1) IF A UNIT OF STATE GOVERNMENT THE CONSTRUCTING
AGENCY - IS UNABLE TO LOCATE A SUFFICIENT AMOUNT OF STATE LAND TO
COMPLY WITH THE REQUIREMENTS OF SUBSECTION (C) OF THIS SECTION,
THE UNIT OF STATE GOVERNMENT THE CONSTRUCTING AGENCY. SHALL
CONTRIBUTE MONEY, AT THE RATE OF $200 FOR EACH ACRE CLEARED BUT
NOT REPLACED, TO A SPECIAL FUND TO BE MAINTAINED IN THE
DEPARTMENT AND TO BE KNOWN AS THE REFORESTATION FUND.

(2) THERE IS A REFORESTATION FUND IN THE DEPARTMENT.

(E) (1) MONEY DEPOSITED IN THE REFORESTATION FUND:

(I)  SHALL REMAIN IN THE FUND UNTIL APPROPRIATED
AND SPENT; AND

(II)  MAY NOT REVERT TO THE GENERAL FUND.

(2) THE DEPARTMENT SHALL USE THE REFORESTATION FUND
SOLELY TO PLANT TREES ON STATE LANDS LOCATED IN THE WATERSHEDS IN
       WHICH CONSTRUCTION PROJECTS GIVING RISE TO FUND CONTRIBUTIONS ARE

LOCATED.

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