Ch. 769

LAWS OF MARYLAND

(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 equals 1 acre or more, the constructing agency shall
locate an equivalent area of State-owned PUBLIC 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] ON ANY PUBLIC LAND WITHIN A POLITICAL
SUBDIVISION COUNTY IN WHICH CONSTRUCTION ACTIVITY BY A UNIT OF
STATE GOVERNMENT HAS CAUSED A LOSS OF TREES WHERE THE PUBLIC
ENTITY THAT OWNS THE LAND AGREES TO THAT USE OF THE LAND.

(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) On State-owned PUBLIC land in the
watershed COUNTY 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 the constructing agency is unable to locate a
sufficient amount of State PUBLIC land to comply with the
requirements of subsection (c) of this section, 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 PUBLIC lands located in the

- 4206 -