Ch. 489

1993 LAWS OF MARYLAND.

(9)     A binding 2-year management agreement that details how the areas
designated for afforestation or reforestation will be maintained to ensure protection or
satisfactory establishment including:

(i) Watering; and

(ii) Reinforcement planting provisions if survival falls below required
standards; and

(10)   Any other requirement established in regulations adopted by the
Department, or imposed by a local authority.

5-1607.                                         

(b) (1) A sequence other than the one described in subsection (a) of this section
may be used for a specific project if necessary to achieve the objectives of a local
jurisdiction's land use plans or policies or to take advantage of opportunities to
consolidate forest conservation efforts.

(2) IN A MUNICIPAL CORPORATION WITH A TREE MANAGEMENT PLAN,
IN AN EXISTING POPULATION CENTER DESIGNATED IN A COUNTY MASTER PLAN
THAT HAS BEEN ADOPTED TO CONFORM WITH THE ECONOMIC GROWTH, RESOURCE
PROTECTION, AND PLANNING ACT OF 1992, AS ENACTED BY CHAPTER 437 OF THE
ACTS OF THE GENERAL ASSEMBLY OF 1992, OR IN ANY OTHER DESIGNATED AREA
APPROVED BY THE DEPARTMENT AS PART OF A LOCAL PROGRAM, A LOCAL
PROGRAM MAY, SUBJECT TO THE APPROVAL OF THE DEPARTMENT, ESTABLISH
CRITERIA FOR THE USE OF:

(I)      STREET TREES AS A PERMISSIBLE STEP IN THE PRIORITY
SEQUENCE FOR AFFORESTATION OR REFORESTATION AND, BASED ON A MATURE
CANOPY COVERAGE, MAY GRANT FULL CREDIT AS A MITIGATION TECHNIQUE; AND

(II)     THE ACQUISITION OF AN OFF-SITE PROTECTIVE EASEMENT
FOR EXISTING FORESTED AREAS NOT CURRENTLY PROTECTED AS A MITIGATION'
TECHNIQUE, BUT THE AFFORESTATION OR REFORESTATION CREDIT GRANTED MAY
NOT EXCEED 50% OF THE AREA OF THE FOREST COVER PROTECTED.

5-1609.

(a) (1) By December 31, 1991, the Department, after consulting with local
government and the real estate development, building, and environmental communities,
shall adopt regulations, including the development of guidance manuals to:

[(1)](I) Implement this subtitle and set requirements and standards which
establish:                                       

[(i)] 1. Standards of performance required in forest stand
delineations and forest conservation plans including the submittal process;

[(ii)] 2. Criteria for local forest conservation programs; and

[(iii)] 3. Implementation processes for the Department's
administration in the absence of a local forest conservation program;

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