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S.B. 247
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VETOES
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LEAST 15% AFTER DEVELOPMENT OR A FEE-IN-LIEU PAYMENT IF THE FEE IS
ADEQUATE TO ENSURE THE RESTORATION OR ESTABLISHMENT OF AN EQUIVALENT
FOREST AREA; AND
(4) (3) A PROVISION REQUIRING A MINIMUM BUFFER OF 35 FEET AND
APPLYING THE BUFFER REQUIREMENTS OF TITLE 27 OF THE CODE OF MARYLAND
REGULATIONS TO TRIBUTARY STREAMS LOCATED OUTSIDE THE CRITICAL AREA AND
WITHIN THE ATLANTIC COASTAL BAYS WATERSHED THAT ARE NOTED AS PERENNIAL
AND INTERMITTENT STREAMS IN THE ATLANTIC COASTAL BAYS WATERSHED WHICH
ARE SO NOTED ON THE MOST RECENT U.S. GEOLOCICAL SURVEY 7-1/2 MINUTE
TOPOGRAPHIC QUADRANGLE MAPS (SCALE 1:24,000) OR ON MORE DETAILED MAPS OR
STUDIES AT THE DISCRETION OF THE LOCAL JURISDICTIONS.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
PROVISIONS OF THIS SUBTITLE REPLACE THE REQUIREMENTS OF THE FOREST
CONSERVATION ACT PROVIDED UNDER TITLE 5, SUBTITLE 16 OF THIS ARTICLE
WITHIN THE ATLANTIC COASTAL BAYS CRITICAL AREA.
(2) SUBSECTION (A)(2) (A) OF THIS SECTION AND PARAGRAPH (1) OF THIS
SUBSECTION DO NOT APPLY TO:
(I) DEVELOPMENT OF A SINGLE LOT FOR THE PURPOSE OF
CONSTRUCTING A DWELLING INTENDED FOR THE USE OF THE OWNER, OR A CHILD
OR GRANDCHILD OF THE OWNER, IF THE DEVELOPMENT DOES NOT RESULT IN THE
CUTTING, CLEARING, OR GRADING OF MORE THAN 40,000 SQUARE FEET OF FOREST,
AND THE LOT WAS LEGALLY RECORDED PRIOR TO JULY 31, 1994; OR
(II) A SINGLE LOT THAT IS PART OF A PROJECT THAT HAS
OTHERWISE COMPLIED WITH THE FOREST CONSERVATION ACT.
(3) FOR PURPOSES OF SUBSECTION (A)(2) (A) OF THIS SECTION, FOREST
OR DEVELOPED WOODLAND COVER MAY INCLUDE TREES. WOODY PLANTS, AND
SHRUBS, AND ANY LANDSCAPING UNDER AN APPROVED LANDSCAPING PLAN.
(C) THE DEPARTMENT SHALL ASSIST A LOCAL JURISDICTION IN THE
PREPARATION OF ANY MORE DETAILED MAPS OR STUDIES NECESSARY TO MEET THE
REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION.
(D) IN ACCORDANCE WITH TITLE 27 OF THE CODE OF MARYLAND
REGULATIONS, AGRICULTURAL ACTIVITIES ARE PERMITTED IN THE BUFFER
OUTSIDE THE CRITICAL AREA AND IN THE ATLANTIC COASTAL BAYS WATERSHED
UNDER AN APPROVED SOIL CONSERVATION AND WATER QUALITY PLAN.
(C) EACH LOCAL JURISDICTION IN THE ATLANTIC COASTAL BAYS CRITICAL
AREA MAY INCLUDE IN ITS LOCAL CRITICAL AREA PROTECTION PROGRAM;
(1) AS PART OF COMPLIANCE WITH THE STORMWATER MANAGEMENT
REQUIREMENTS OF TITLE 27 OF THE CODE OF MARYLAND REGULATIONS AND TITLE
4, SUBTITLE 2 OF THE ENVIRONMENT ARTICLE, A PROVISION ENCOURAGING THE
USE OF BIORETENTION FOR REDEVELOPMENT IN INTENSELY DEVELOPED AREAS;
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- 4472 -
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