WILLIAM DONALD SCHAEFER, Governor                         Ch. 489

[(2)] (II) Assist and guide local authorities in the development of their local
forest conservation program by providing:

[(i)] 1. Training of local officials; and

[(ii)] 2. A model local government ordinance that meets the
requirements of this subtitle; and

[(3)](III) Assist developers, planners, surveyors, engineers, foresters,
biologists, and landscape architects in:

[(i)] 1. Developing methodology and gathering natural resource
information required in the preparation of a forest stand delineation and a forest
conservation plan;

[(ii)] 2. Determining the size, location, and orientation of forest
areas to be retained;

[(iii)] 3. Determining the size, location, and orientation of areas to be
afforested or reforested;

[(iv)] 4. Implementing protection techniques and devices used in
preserving specimen trees or areas designated for retention during construction; and

[(v)]5. Determining species, spacing, and timing of afforestation or
reforestation.

(2) ALL PROVISIONS OF THE GUIDANCE MANUAL THAT ARE NOT
SPECIFICALLY NOTED AS STANDARDS OR MINIMUM REQUIREMENTS SHALL BE
DEEMED RECOMMENDATIONS BY THE DEPARTMENT FOR THE DEVELOPMENT OF
THE LOCAL PROGRAM.

5-1610.

(c) Money collected by the State OR A LOCAL AUTHORITY under § 5-1608(c) of
this subtitle for noncompliance with this subtitle or regulations adopted under this
subtitle, or for noncompliance with a forest conservation plan or the associated 2-year
management agreement[,] shall be deposited in the Forest Conservation Fund.

(i) (1) Money deposited in the local forest conservation fund under subsection
(g) of this section may only be spent on reforestation and [afforestation]
AFFORESTATION, including the costs directly related to site identification, acquisition,
PREPURCHASE, and preparation, and may not revert to any other local general fund.

5-1612.

(b) The Department OR A LOCAL AUTHORITY may revoke an approved forest
conservation plan for cause, including violation of conditions of the plan, obtaining a plan
approval by misrepresentation, failing to disclose a relevant or material fact, or change in
conditions. The Department OR A LOCAL AUTHORITY shall notify the violator in writing
and provide an opportunity for a hearing.

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