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Ch. 551
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2002 LAWS OF MARYLAND
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Article - Natural Resources
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 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shall be in place at the time credits are withdrawn.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) (1) THE DEPARTMENT SHALL ESTABLISH A 2-YEAR PILOT PROGRAM IN
CARROLL AND FREDERICK COUNTIES THAT ALLOWS A PERSON TO USE FUNDS FROM
THE FEDERAL CONSERVATION RESERVE ENHANCEMENT PROGRAM TO CREATE A
FOREST MITIGATION BANK.
(2) THE PILOT PROGRAM SHALL ENCOURAGE THE PERMANENT
PROTECTION OF HIGHLY SENSITIVE BUFFERS ON WORKING FARMLANDS AT A 1.1
MITIGATION RATIO.
(3) ON OR BEFORE OCTOBER 31, 2002, GUIDELINES FOR THE PILOT
PROGRAM SHALL BE DEVELOPED BY A COMMITTEE THAT INCLUDES:
(I) TWO MEMBERS FROM THE DEPARTMENT OF NATURAL
RESOURCES;
(II) ONE MEMBER FROM THE DEPARTMENT OF AGRICULTURE;
(III) ONE MEMBER FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE FARM SERVICE AGENCY;
(IV) ONE MEMBER FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICE;
(V) ONE MEMBER FROM EACH OF THE CARROLL AND FREDERICK
CATOCTIN SOIL CONSERVATION DISTRICTS; AND
(VI) ONE MEMBER FROM THE CHESAPEAKE BAY FOUNDATION.
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