Ch. 559

1997 LAWS OF MARYLAND

Article - Natural Resources

5-103.

(a) (5) "FOREST MITIGATION BANKING" MEANS THE INTENTIONAL
RESTORATION OR CREATION OF FORESTS UNDERTAKEN EXPRESSLY FOR THE
PURPOSE OF PROVIDING CREDITS FOR REFORESTATION REQUIREMENTS WITH
ENHANCED ENVIRONMENTAL BENEFITS FROM FUTURE ACTIVITIES.

(c) (2) (i) Except as provided in subparagraph (ii) OR (III) of this paragraph,
the reforestation projects shall be established on any public land within the county and
watershed in which construction activity by a unit of State or local government has caused
a loss of trees where the public entity that owns the land agrees to that use of the land.

(ii) If the reforestation project cannot be reasonably accomplished in
the county and watershed in which the construction activity is located, then the
reforestation shall occur in the county or watershed in the State in which the construction
activity is located, OR SHALL BE ACCOMPLISHED BY USE OF CREDITS IN A FOREST
MITIGATION BANK IN THE COUNTY AND WATERSHED IN WHICH THE
CONSTRUCTION ACTIVITY IS LOCATED.

(III) IF THE REFORESTATION PROJECT CANNOT BE REASONABLY
ACCOMPLISHED IN THE COUNTY OR WATERSHED IN WHICH THE CONSTRUCTION
ACTIVITY IS LOCATED, OR BY USE OF CREDITS IN THE COUNTY AND WATERSHED IN
WHICH THE CONSTRUCTION ACTIVITY IS LOCATED, THEN REFORESTATION MAY
OCCUR BY THE USE OF CREDITS IN A FOREST MITIGATION BANK IN THE COUNTY OR
WATERSHED IN WHICH THE CONSTRUCTION ACTIVITY IS LOCATED.

(4) Any land for a reforestation project shall be:

(i) If possible, on the site or in the project right-of-way being used for
the construction activity;

(ii) If sufficient area is not available at the site or within the project
right-of-way, on State-owned or other publicly owned land in the county and watershed
in which the construction activity is located; [or]

(iii) If the reforestation project cannot be reasonably accomplished in
the county and watershed in which the construction activity is located, on State-owned or
other publicly owned land in the county or watershed in the State in which the
construction activity is located; OR

(IV) IF THE REFORESTATION PROJECT CANNOT BE REASONABLY
ACCOMPLISHED ON STATE-OWNED OR OTHER PUBLICLY OWNED LAND IN THE
COUNTY OR WATERSHED IN THE STATE IN WHICH THE CONSTRUCTION ACTIVITY IS
LOCATED, ACCOMPLISHED THROUGH USE OF FOREST MITIGATION BANK CREDITS
IN THE WATERSHED IN WHICH THE CONSTRUCTION ACTIVITY IS LOCATED.

(d) (1) If the constructing agency is unable to locate a sufficient amount of State
or other publicly owned land OR AVAILABLE FOREST MITIGATION BANK CREDITS to
comply with the requirements of subsection (c) of this section, the constructing agency

- 3054 -