Ch. 646

LAWS OF MARYLAND

REGULATIONS ADOPTED BY THE COMMISSION, ENTITLED "FOREST AND

WOODLAND PROTECTION" AND "HABITAT PROTECTION AREAS IN THE

CRITICAL AREA", WHETHER OR NOT THE PERSON HAS A FOREST MANAGEMENT
PLAN OR A SEDIMENT CONTROL PLAN FOR THE CRITICAL AREA, THE
AUTHORITIES IN THE AFFECTED THE LOCAL JURISDICTION MAY BRING AN
ACTION IN EQUITY:

(1)  TO REQUIRE THE PERSON TO REPLANT TREES IN THE
CRITICAL AREA WHERE THE CUTTING OR CLEARING OCCURRED ACCORDING TO
IN ACCORDANCE WITH A PLAN PREPARED BY THE STATE FORESTER OR, A
REGISTERED, PROFESSIONAL FORESTER WHO IS APPROVED BY THE
DEPARTMENT; OR, OR A REGISTERED LANDSCAPE ARCHITECT;

(2)  TO RESTRAIN THE PLANNED VIOLATION; OR

(3)  FOR DAMAGES;

(I)  TO BE ASSESSED BY A CIRCUIT COURT IN AN
AMOUNT EQUAL TO THE ESTIMATED COST OF REPLANTING TREES; AND

(II)  TO BE PAID TO THE DEPARTMENT BY THE PERSON
FOUND TO HAVE VIOLATED THE PROVISIONS OF THIS SUBSECTION.

(C)   IF THE CHAIRMAN OF THE COMMISSION HAS REASON TO BELIEVE
THAT THE AUTHORITIES IN A LOCAL JURISDICTION ARE IS FAILING TO
ENFORCE THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION, THE
CHAIRMAN SHALL REFER THE MATTER TO THE ATTORNEY GENERAL AS
PROVIDED UNDER § 8-1815(B) OF THIS SUBTITLE.

(D)  ON THE CHAIRMAN OF THE COMMISSION'S REFERRAL OF AN
ALLEGED VIOLATION UNDER SUBSECTION (C) OF THIS SECTION TO THE
ATTORNEY GENERAL, THE ATTORNEY GENERAL MAY INVOKE THE REMEDIES
AVAILABLE TO THE AUTHORITIES IN THE LOCAL JURISDICTION UNDER
SUBSECTION (B) OF THIS SECTION IN ANY COURT OF COMPETENT
JURISDICTION IN WHICH THE LOCAL AUTHORITIES JURISDICTION WOULD BE
AUTHORIZED TO PROSECUTE OR SUE.

(E)  IN ADDITION TO ANY OTHER SANCTION OR REMEDY AVAILABLE,
THE ATTORNEY GENERAL MAY BRING AN ACTION IN EQUITY AS PROVIDED
UNDER SUBSECTIONS (B) AND (D) OF THIS SECTION.

(F) ON THE REQUEST OF THE AUTHORITIES OF A LOCAL

JURISDICTION OR THE CHAIRMAN OF THE COMMISSION, THE STATE
FORESTER OR, A REGISTERED, PROFESSIONAL FORESTER WHO IS APPROVED
BY THE DEPARTMENT SHALL, OR A REGISTERED LANDSCAPE ARCHITECT MAY
PREPARE, OVERSEE, AND APPROVE THE FINAL IMPLEMENTATION OF A PLAN
TO REPLANT TREES IN ANY PART OF THE CHESAPEAKE BAY CRITICAL AREA
WHERE TREES ARE CUT OR CLEARED IN VIOLATION OF SUBSECTION (B) OF
THIS SECTION.

(G) (1) IF A REGISTERED, PROFESSIONAL FORESTER PREPARES A
PLAN TO REPLANT TREES UNDER THIS SECTION, THE REGISTERED,

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