Ch. 559

1997 LAWS OF MARYLAND

OF A LOCAL JURISDICTION'S LAND USE PLANS OR POLICIES OR TO TAKE
ADVANTAGE OF OPPORTUNITIES TO CONSOLIDATE FOREST CONSERVATION
EFFORTS.

(B) STANDARDS FOR MEETING AFFORESTATION OR REFORESTATION
REQUIREMENTS SHALL BE ESTABLISHED BY THE STATE OR LOCAL PROGRAM USING
ONE OR MORE OF THE FOLLOWING METHODS:

(1) FOREST CREATION IN ACCORDANCE WITH A FOREST
CONSERVATION PLAN USING ONE OR MORE OF THE FOLLOWING

(I) TRANSPLANTED OR NURSERY STOCK;

(II) WHIP AND SEEDLING STOCK; OR

(III) NATURAL REGENERATION WHERE IT CAN BE SHOWN TO
ADEQUATELY MEET THE OBJECTIVE OF THE FOREST CONSERVATION PLAN.

(2) THE USE OF STREET TREES 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, OR IN
ANY OTHER DESIGNATED AREA APPROVED BY THE DEPARTMENT AS PART OF A
LOCAL PROGRAM, UNDER CRITERIA ESTABLISHED BY THE LOCAL PROGRAM,
SUBJECT TO THE APPROVAL OF THE DEPARTMENT, USING

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

(3) WHEN ALL OTHER OPTIONS, BOTH ON-SITE AND OFF-SITE, HAVE
BEEN EXHAUSTED, LANDSCAPING AS A MITIGATION TECHNIQUE, CONDUCTED
UNDER AN APPROVED LANDSCAPING PLAN THAT ESTABLISHES A FOREST AT LEAST
35 FEET WIDE AND COVERING AT LEAST 2,500 SQUARE FEET OF AREA

(c) The following trees, shrubs, plants, and specific areas shall be considered
priority for retention and protection, and they shall be left in an undisturbed condition
unless the applicant has demonstrated, to the satisfaction of the State or local authority
that reasonable efforts have been made to protect them and the plan cannot [be]
reasonably BE altered:

(1) Trees, shrubs, and plants located in sensitive areas including 100-year
floodplains, intermittent and perennial streams and their buffers, COASTAL BAYS AND
THEIR BUFFERS, steep slopes, and critical habitats;

(2) Contiguous forest that connects the largest undeveloped or most
vegetated tracts of land within and adjacent to the site;

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