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S.B. 573
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Martin O'Malley, Governor
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(e) The following trees, shrubs, plants, and specific areas shall be considered
priority for retention and protection, and they shall be left in an undisturbed condition
unless the applicant has demonstrated, to the satisfaction of the State or local
authority that reasonable efforts have been made to protect them and the plan cannot
reasonably be altered:
(1) Trees, shrubs, and plants located in sensitive areas including
100-year floodplains, intermittent and perennial streams and their buffers, coastal
bays and their buffers, steep slopes, and critical habitats;
(2) Continguous forest that connects the largest undeveloped or most
vegetated tracts of land within and adjacent to the site;
(3) Trees, shrubs, or plants identified on the list of rare, threatened,
and endangered species of the U.S. Fish and Wildlife Service or the Department;
(d) The following shall be considered priority for afforestation or
reforestation:
(1) Establish or enhance forest buffers adjacent to intermittent and
perennial streams and coastal bays to widths of at least 50 feet;
(2) Establish or increase existing forested corridors to connect existing
forests within or adjacent to the site and, where practical, forested corridors should be
a minimum of 300 feet in width to facilitate wildlife movement;
(3) Establish or enhance forest buffers adjacent to critical habitats
where appropriate;
(4) Establish or enhance forested areas in 100-year floodplains;
SECTION 2. AND BE IT FURTHER ENACTED, That this Act may not be
construed to prevent any person that submitted submits a forest conservation plan
before October July 1, 2007, to the State or local authority in accordance with § 5-1605
of the Natural Resources Article, and has not been issued a building permit, from
revising the net tract area, for a tract of land of at least 350 acres of which at least
15% is within the boundaries of a 100-year floodplain or wetland, to include the
forested area within the boundaries of a the 100-year floodplain or wetland.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 2007. It shall remain effective for a period of 8 months and, at the end
of February 29, 2008, with no further action required by the General Assembly, this
Act shall be abrogated and of no further force and effect.
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- 4313 -
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