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Martin O'Malley, Governor
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S.B. 573
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Article - Natural Resources
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Section 5-1601(bb), (ff), and (jj) and 5-1607(e)(1) through (3) and (d)(1) through
(2005 Replacement Volume and 2006 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows: for purposes of the
application of Title 5, Subtitle 16 of the Natural Resources Article to a tract of land of
at least 350 acres of which at least 15% is within the boundaries of a 100-vear
floodplain or wetland, the term "net tract area" includes the forested areas within the
floodplain or wetland if a perpetual conservation easement is placed on the forested
areas at the time the plat of the tract is recorded.
Article - Natural Resources
5-1601.
(z) (1) "Net tract area" means:
[(1)] (I) Except in agriculture and resource areas or linear project
areas, the total area of a site, including both forested and nonforested areas, to the
nearest one-tenth acre reduced by that area where forest clearing is restricted by
another local ordinance or program, INCLUDING THE FORESTED AREA WITHIN THE
BOUNDARIES OF A 100-YEAR FLOODPLAIN OR WETLAND;
[(2)] (II) In agriculture and resource areas, the portion of the total
tract for which land use will be changed or will no longer be used for primarily
agricultural activities reduced by that area where forest clearing is restricted by
another local ordinance or program, INCLUDING THE FORESTED AREA WITHIN THE
BOUNDARIES OF A 100-YEAR FLOODPLAIN OR WETLAND; and
[(3)] (III) For a linear project:
[(i)] 1. The area of a right of way width, new access roads
and storage; or
[(ii)] 2. The limits of disturbance as shown on an application
for sediment and erosion control approval or in a capital improvements program
project description;
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(2) "NET TRACT AREA" INCLUDES A NONTIDAL WETLAND;
STREAM BUFFER, AND THE FORESTED AREA OF A 100 YEAR FLOODPLAIN IF THE
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-4311-
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