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Ch. 282
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2007 Laws of Maryland
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1. 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; [or]
2. If reforestation cannot be reasonably accomplished in
the county and watershed in which the construction activity is located:
A. 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
B. 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 Department regulations; OR
3. REPLACE TREES, EXCEPT NURSERY STOCK THAT
HAS NOT BEEN REPLANTED, THAT WERE DESTROYED BY THE APPLICATION OF
TREATMENT APPLIED TO DESTROY PLANT PESTS UNDER A QUARANTINE
IMPOSED BY THE SECRETARY OF AGRICULTURE, WHETHER OR NOT THE
QUARANTINE IS IN EFFECT IN THE COUNTY OR WATERSHED WHERE THE
CONSTRUCTION ACTIVITY OCCURRED.
(ii) 1. Except as provided in subsubparagraph 2 of this
subparagraph, moneys in the Fund may be used for administrative costs calculated in
accordance with § l-103(b)(2) of this article.
2. The Fund may not be used to finance administrative
activities associated with a mitigation bank.
3. Any credits created by the Fund may not be sold to
compensate for additional forest impacts.
(iii) 1. The Department shall accomplish the reforestation for
which money is deposited in the Fund within 1 year or two growing seasons after
project completion, as appropriate.
2. Money deposited in the Fund under subsection (d) of
this section shall remain in the Fund for a period of 1 year or two 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.
(8) (i) The Treasurer shall invest the money of the Fund in the
same manner as other State money may be invested.
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- 1820 -
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