Ch. 559

1997 LAWS OF MARYLAND

WITH REASONABLE MANAGEMENT PLANS, THROUGH METHODS THAT INCLUDE
EASEMENTS, COVENANTS, OR SIMILAR MECHANISMS THAT SHALL BE IN PLACE AT
THE TIME CREDITS ARE WITHDRAWN.

(F) THIS SECTION MAY NOT BE CONSTRUED TO REQUIRE THE DEPARTMENT
OR A LOCAL JURISDICTION TO:

(1) ESTABLISH OR FUND STATE OR LOCAL MITIGATION BANKS;

(2) FUND THE ESTABLISHMENT OF FOREST MITIGATION BANKING BY
THE PRIVATE SECTOR; OR

(3) USE STATE OR LOCAL GOVERNMENT LAND FOR FOREST
MITIGATION BANKING.

(G) (I) CREDITS IN A MITIGATION BANK MAY NOT BE APPROVED FOR
DEBITING UNTIL CONSTRUCTION OF THE MITIGATION BANK IS COMPLETE.

(2) A MITIGATION BANK SHALL MAINTAIN SUFFICIENT CREDITS IN
RESERVE TO COVER ANTICIPATED EXPENSES OF COMPLETION OF THE MITIGATION
BANK

5-1613.

On or before July 1 of each year, the Department shall submit, subject to § 2-1312
of the State Government Article, to the Senate Economic and Environmental Affairs
Committee and the House Environmental Matters Committee a statewide report,
compiled from local authorities' reports to the Department, on:

(1) The number, location, and type of projects subject to the provisions of
this subtitle;

(2) The amount and location of acres cleared, conserved, and planted,
INCLUDING ANY AREAS WHICH UTILIZE FOREST MITIGATION-BANK CREDITS, in
connection with a development project;

(3) The amount of reforestation and afforestation fees and noncompliance
penalties collected and expended; [and]

(4) The costs of implementing the forest conservation program; AND

(5) THE SIZE, LOCATION, AND PROTECTION OF ANY LOCAL FOREST
MITIGATION BANKS WHICH ARE CREATED UNDER A LOCAL OR STATE PROGRAM.

SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstanding the
provisions of Section 2(2) of Chapter 489 of the Acts of the General Assembly of 1993,
the Advisory Group on Forest Conservation established under that Act shall be reinstated
and shall serve through May 31, 1999.

SECTION 4. 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 1997.

Approved May 22, 1997.

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