PARRIS N. GLENDENING, Governor

Ch. 559

shall contribute money, at the rate of 10 cents per square foot of the area of required
planting, to a special fund to be maintained in the Department and to be known as the
Reforestation Fund.

(e) (2) (i) 1. Except as provided in item 2 of this subparagraph, the
Department shall use the Reforestation Fund solely to plant trees on State or other
publicly owned lands located in the county and watershed in which construction projects
giving rise to Fund contributions are located.

2. If reforestation cannot be reasonably accomplished in the
county and watershed in which the construction activity is located, then the Department
may use the Reforestation Fund to plant trees on State or other publicly owned lands
located in the county or in the watershed in the State in which the construction activity is
located, OR TO PURCHASE CREDITS IN, ESTABLISH, OR MAINTAIN A FOREST
MITIGATION BANK IN THE COUNTY OR WATERSHED IN WHICH THE CONSTRUCTION
ACTIVITY IS LOCATED IN ACCORDANCE WITH REGULATIONS OF THE DEPARTMENT.
THE REFORESTATION FUND MAY NOT BE USED TO FINANCE ADMINISTRATIVE
ACTIVITIES ASSOCIATED WITH A MITIGATION BANK AND ANY CREDITS CREATED BY
THE REFORESTATION FUND MAY NOT BE SOLD TO COMPENSATE FOR ADDITIONAL
FOREST IMPACTS.

(I) FOREST MITIGATION BANKING UNDER THIS SECTION SHALL BE
CONDUCTED IN ACCORDANCE WITH STANDARDS ADOPTED UNDER SUBTITLE 16 OF
THIS TITLE..

5-1601.

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

(T) "LINEAR PROJECT" MEANS A PROJECT WHOSE CONFIGURATION IS
ELONGATED WITH NEARLY PARALLEL SIDES AND USED TO TRANSPORT A UTILITY
PRODUCT OR PUBLIC SERVICE NOT OTHERWISE CONTAINED IN AN APPLICATION
FOR SUBDIVlSION, SUCH AS ELECTRICITY, GAS, WATER, SEWER, COMMUNICATIONS,
TRAINS, AND VEHICLES. LINEAR PROJECTS MAY TRAVERSE FEE SIMPLE PROPERTIES
THROUGH DEFINED BOUNDARIES OR THROUGH EASEMENT RIGHTS.

(z) "Net tract area" means:

(1) Except in agriculture and resource areas OR LINEAR PROJECT AREAS,
the total area of a site, including both forested and nonforested areas, to the nearest
one-tenth acre[, reduced by the area found to be within the boundaries of the 100-year
floodplain] REDUCED BY THAT AREA WHERE FOREST CLEARING IS RESTRICTED BY
ANOTHER LOCAL ORDINANCE OR PROGRAM; [and]

(2)  In agriculture and resource areas, the portion of the total tract for which
land use will be changed or will no longer be used for primarily agricultural activities[,

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