PARRIS N. GLENDENING, Governor

Ch. 559

YEARS OR 3 GROWING SEASONS. At the end of that time period, any portion that has
not been used to meet the afforestation or reforestation requirements shall be returned to
the person who provided the money TO BE USED FOR DOCUMENTED ON-SITE TREE
PLANTING IN THE SAME COUNTY OR WATERSHED BEYOND THAT REQUIRED BY THIS
SUBTITLE OR OTHER APPLICABLE STATUTES.

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

(2) (i) Except as provided in subparagraph (ii) OR (III) of this paragraph,
the reforestation or afforestation requirement under this subsection shall occur in the
county and watershed in which the project is located.

(ii) If the reforestation or afforestation cannot be reasonably
accomplished in the county and watershed in which the project is located, then the
reforestation or afforestation shall occur in the county or watershed in the state in which
the project is located.

(III) IF THE REFORESTATION OR AFFORESTATION CANNOT BE
REASONABLY ACCOMPLISHED IN THE COUNTY OR WATERSHED IN WHICH THE
PROJECT IS LOCATED, THEN THE REFORESTATION OR AFFORESTATION SHALL BE
ACCOMPLISHED THROUGH PURCHASE OF CREDITS IN, ESTABLISHMENT, OR
MAINTENANCE OF A FOREST MITIGATION BANK IN ACCORDANCE WITH
REGULATIONS OF THE LOCAL FOREST CONSERVATION PROGRAM. 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.

5-1610.1.

(A) THE DEPARTMENT SHALL DEVELOP STANDARDS AND ADOPT
REGULATIONS FOR THE CREATION AND USE OF FOREST MITIGATION BANKS,
INCLUDING CRITERIA FOR TRACKING, CREDITING, MAINTAINING, BONDING, AND
REPORTING MITIGATION BANK ACTIVITIES.

(B) A LOCAL JURISDICTION MAY DEVELOP PROCEDURES FOR ESTABLISHING
FOREST MITIGATION BANKS AS PART OF ITS FOREST CONSERVATION PROGRAM.

(C) MITIGATION BANKS MAY BE PERMITTED ONLY IN PRIORITY AREAS AS
IDENTIFIED IN § 5-1607(D) OF THIS SUBTITLE OR AS IDENTIFIED IN A
COMPREHENSIVE PLAN ADOPTED BY A LOCAL JURISDICTION.

(D) THE ESTABLISHMENT OF MITIGATION BANKS AND THEIR USE MAY NOT
ALTER THE SEQUENCE FOR RETENTION, REFORESTATION, OR AFFORESTATION ON
A DEVELOPMENT SITE AS OUTLINED IN § 5-1607 OF THIS SUBTITLE

(E) CRITERIA ESTABLISHED BY LOCAL OR STATE PROGRAMS FOR THE USE
AND ESTABLISHMENT OF FOREST MITIGATION BANKS SHALL INCLUDE PROTECTION
AND CONSERVATION IN PERPETUITY OF FOREST MITIGATION BANKS CONSISTENT

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