Ch. 472

2004 LAWS OF MARYLAND

(ii) May not revert to the General Fund.

(2) (i) 1. Except as provided in item 2 of this subparagraph AND
SUBPARAGRAPH (III) OF THIS PARAGRAPH, the Department shall use the
Reforestation Fund solely to plant trees on State or other publicly owned lands
located in the county and watershed in which construction projects giving rise to
Fund contributions are located.

2. If reforestation cannot be reasonably accomplished in the
county and watershed in which the construction activity is located, then the
Department may use the Reforestation Fund to plant trees on State or other publicly
owned lands located in the county or in the watershed in the State in which the
construction activity is located, or to purchase credits in, establish, or maintain a
forest mitigation bank in the county or watershed in which the construction activity is
located in accordance with regulations of the Department. 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.

(ii) 1. The Department shall accomplish the reforestation for
which money is deposited in the Reforestation Fund within 1 year or 2 growing
seasons after project completion, as appropriate, after receipt of the money.

2. Money deposited in the Reforestation Fund under
subsection (d) of this section shall remain in the Fund for a period of 1 year or 2
growing seasons, and at the end of that time period, any portion that is not used to
meet the reforestation requirements shall be returned to the constructing agency.

(III) MONEYS IN THE REFORESTATION FUND MAY BE USED FOR
ADMINISTRATIVE COSTS CALCULATED IN ACCORDANCE WITH § 1-103(B)(2) OF THIS
ARTICLE.

5-209.

(b) The Secretary shall promulgate rules and regulations regarding
equipment standards and the operation of off-road vehicles by type, as defined in §
10-410(d) of this article, on property owned or controlled by the Department. He shall
conduct appropriate studies and, by January 1, 1975 he shall designate and identify
areas for use by the general public for operation of motorcycles, snowmobiles and
other off-road vehicles on that property exclusive of wildlife management areas or
State fisheries management areas to the extent such use is compatible with the
character and established uses of property controlled by the Department. Prior to
March 31, 1976, every off-road vehicle to be used on Department of Natural
Resources lands shall be registered and provided suitable identification by the
Department of Natural Resources, which shall charge an annual uniform fee for all
registrants, revenues derived from which shall be used to acquire and maintain areas
for off-road vehicle use by the general public. REVENUES MAY BE USED FOR
ADMINISTRATIVE COSTS CALCULATED IN ACCORDANCE WITH § 1-103(B)(2) OF THIS
ARTICLE. Any property to be acquired or designated for off-road vehicle use shall be
subject to a public hearing held in the county or counties wherein the property is
situated. However, no off-road vehicle may be permitted where its operation will

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