§ 5-1605. Forest conservation plan

   (a) Plan required. -- Upon receipt of notice that the forest stand delineation is complete and correct, the applicant shall submit to the State or local authority a proposed forest conservation plan for the site.

(b) Developed by. -- The forest conservation plan shall be developed by a licensed forester, licensed landscape architect, or other qualified professionals that may be approved by the State or a local authority.

(c) Requirements. -- A proposed forest conservation plan shall contain:

   (1) A map of the site drawn at the same scale as the grading or subdivision plan;

   (2) A table listing the net tract area in square feet, the square foot area of forest conservation required for the site, and the square foot area of forest conservation provided by the applicant on-site and off-site, if applicable;

   (3) A clear graphic indication of the forest conservation provided on the site showing areas where both retention of existing forest or afforestation, by any and all methods, is planned;

   (4) An anticipated construction timetable, including the sequence for tree conservation procedures;

   (5) An afforestation or reforestation plan with a timetable and description of needed site and soil preparation, species, size, and spacing to be utilized;

   (6) Locations and types of protective devices to be used during construction activities to protect trees and areas of forest designated for conservation;

   (7) Limits of disturbance delineated;

   (8) Stockpile areas delineated;

   (9) A binding 2-year management agreement that details how the areas designated for afforestation or reforestation will be maintained to ensure protection or satisfactory establishment including:

      (i) Watering; and

      (ii) Reinforcement planting provisions if survival falls below required standards; and

   (10) Any other requirement established in regulations adopted by the Department, or imposed by a local authority.

(d) Notification by Department upon receipt. -- Within 45 days from receipt of the forest conservation plan, the Department or local authority shall notify the applicant whether the forest conservation plan is complete. If the Department or local authority fails to notify the applicant about the forest conservation plan within 45 days, the plan shall be treated as complete and approved. The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances. In addition, at the request of the applicant, the State or local authority may extend this deadline for extenuating circumstances.

HISTORY: 1991, ch. 255, § 1; 1993, ch. 489; 1995, ch. 3, § 1; 2002, ch. 225.