PARRIS N. GLENDENING, Governor

Ch. 559

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.]

(A) THE PREFERRED SEQUENCE FOR AFFORESTATION AND REFORESTATION
SHALL BE ESTABLISHED BY THE STATE OR LOCAL AUTHORITY IN ACCORDANCE
WITH THE FOLLOWING AFTER ALL TECHNIQUES FOR RETAINING EXISTING FOREST
COVER ON-SITE HAVE BEEN EXHAUSTED:

(1) THOSE TECHNIQUES THAT ENHANCE EXISTING FOREST AND
INVOLVE SELECTIVE CLEARING OR SUPPLEMENTAL PLANTING ON-SITE;

(2) ON-SITE AFFORESTATION OR REFORESTATION MAY BE UTILIZED
WHERE THE RETENTION OPTIONS HAVE BEEN EXHAUSTED. IN THOSE CASES, THE
METHOD SHALL BE SELECTED IN ACCORDANCE WITH SUBSECTION (B) OF THIS
SECTION, AND THE LOCATION SHALL BE SELECTED IN ACCORDANCE WITH
SUBSECTION (D) OF THIS SECTION;

(3) (I) OFF-SITE AFFORESTATION OR REFORESTATION IN THE SAME
WATERSHED OR IN ACCORDANCE WITH AN APPROVED MASTER PLAN MAY BE
UTILIZED WHERE THE APPLICANT HAS DEMONSTRATED THAT NO REASONABLE
ON-SITE ALTERNATIVE EXISTS, OR WHERE:

1. ANY ON-SITE PRIORITY AREAS FOR AFFORESTATION OR
REFORESTATION HAVE BEEN PLANTED IN ACCORDANCE WITH SUBSECTION (D) OF
THIS SECTION; AND

2. THE APPLICANT HAS JUSTIFIED TO THE SATISFACTION OF
THE STATE OR LOCAL JURISDICTION THAT ENVIRONMENTAL BENEFITS
ASSOCIATED WITH OFF-SITE AFFORESTATION OR REFORESTATION WOULD EXCEED
THOSE DERIVED FROM ON-SITE PLANTING;

(II) IN THESE CASES, THE METHOD SHALL BE SELECTED IN
ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION, AND THE LOCATION SHALL
BE SELECTED IN ACCORDANCE WITH SUBSECTION (D) OF THIS SECTION; AND

(III) OFF-SITE AFFORESTATION OR REFORESTATION MAY INCLUDE
THE USE OF FOREST MITIGATION BANKS WHICH HAVE BEEN SO DESIGNATED IN
ADVANCE BY THE STATE OR LOCAL FOREST CONSERVATION PROGRAM WHICH IS
APPROVED BY THE DEPARTMENT; AND

(4) THE STATE OR LOCAL JURISDICTION MAY ALLOW AN ALTERNATIVE
SEQUENCE FOR A SPECIFIC PROJECT IF NECESSARY TO ACHIEVE THE OBJECTIVES

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