Ch. 550                                    2004 LAWS OF MARYLAND

afforestation, including the costs directly related to site identification, acquisition,
prepurchase, and preparation, and may not revert to any other local general fund.

(II) ANY INVESTMENT EARNINGS OF A LOCAL FOREST
CONSERVATION FUND MAY NOT BE TRANSFERRED OR REVERT SHALL BE CREDITED
TO ANY OTHER LOCAL GENERAL FUND, BUT SHALL REMAIN IN THE LOCAL FOREST
CONSERVATION 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.

[(j)] (K) Money collected by the local authority under § 5-1608(c) of this
subtitle for noncompliance with this subtitle or regulations or ordinances adopted
under this subtitle for noncompliance with a forest conservation plan or the
associated 2-year management agreement, AND ANY INVESTMENT EARNINGS OF
THE LOCAL FOREST CONSERVATION FUND, shall be deposited in the local fund. The
rate shall be 30 cents per square foot of the area found to be in noncompliance with
the required forest conservation.

[(k)] (L) Money deposited in a local forest conservation fund under subsection
[(j)] (K) of this section may be used by the local authority for purposes related to
implementing this subtitle.

8-723.

[(a) Any fee and other revenue the Department collects under authority of this
subtitle, and any other available income, shall be deposited in the State Treasury and
used exclusively for the administration, functions, and objectives of this subtitle.
These funds are credited to the Department.

(b)     The Department may use the funds credited to its accounts to purchase,
rent, and operate any equipment necessary to accomplish the purposes of this
subtitle, within budgetary limitations.

(c)      Subject to available income, the Department may employ necessary
personnel subject to the provisions of the State Personnel and Pensions Article.]

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