Maryland 2023 2023 Regular Session

Maryland Senate Bill SB526 Introduced / Bill

Filed 02/04/2023

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0526*  
  
SENATE BILL 526 
M1   	3lr1713 
    	CF 3lr1714 
By: Senators Elfreth, Guzzone, Gile, Hester, Kramer, Lam, Hettleman, 
M. Washington, West, and Zucker 
Introduced and read first time: February 3, 2023 
Assigned to: Education, Energy, and the Environment 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Natural Resources – Forest Preservation and Retention 2 
 
FOR the purpose of altering the definition of “qualified conservation” for purposes of 3 
provisions of law related to forest mitigation banks; establishing and authorizing 4 
certain alternative methods of calculating forest afforestation, reforestation, and 5 
preservation requirements; altering the development projects for which afforestation 6 
or reforestation credits granted may not exceed a certain percentage of forest 7 
conserved; adding certain tree plantings and practices as methods that certain 8 
municipal corporations may use to meet afforestation or reforestation requirements; 9 
adding certain areas and vegetation considered to be a priority for forest retention 10 
and protection under certain circumstances; lowering the acreage threshold in 11 
certain counties for participation in the forest conservation and management 12 
program; and generally relating to forest preservation and retention. 13 
 
BY repealing 14 
 Article – Natural Resources 15 
Section 5–101(i) and 5–102(b)(1) 16 
 Annotated Code of Maryland 17 
 (2018 Replacement Volume and 2022 Supplement) 18 
 
BY renumbering 19 
 Article – Natural Resources 20 
Section 5–101(j) through (m) and 5–1601(hh) through (qq) 21 
to be Section 5–101(i) through (l) and 5–1601(ii) through (rr), respectively 22 
 Annotated Code of Maryland 23 
 (2018 Replacement Volume and 2022 Supplement) 24 
 
BY repealing and reenacting, without amendments, 25 
 Article – Natural Resources 26 
Section 5–101(a), 5–1601(a), and 5–1602(a) 27  2 	SENATE BILL 526  
 
 
 Annotated Code of Maryland 1 
 (2018 Replacement Volume and 2022 Supplement) 2 
 
BY repealing and reenacting, with amendments, 3 
 Article – Natural Resources 4 
Section 5–101(e), 5–1601(gg), 5–1602(b)(5), 5–1606, and 5–1607 5 
 Annotated Code of Maryland 6 
 (2018 Replacement Volume and 2022 Supplement) 7 
 
BY adding to 8 
 Article – Natural Resources 9 
Section 5–101(m), 5–102(b)(1), 5–1601(hh), and 5–1606.1 10 
 Annotated Code of Maryland 11 
 (2018 Replacement Volume and 2022 Supplement) 12 
 
BY repealing and reenacting, without amendments, 13 
 Article – Tax – Property 14 
Section 8–211(a) and (b) 15 
 Annotated Code of Maryland 16 
 (2019 Replacement Volume and 2022 Supplement)  17 
 
BY repealing and reenacting, with amendments, 18 
 Article – Tax – Property 19 
Section 8–211(c) 20 
 Annotated Code of Maryland 21 
 (2019 Replacement Volume and 2022 Supplement) 22 
 
BY repealing and reenacting, with amendments, 23 
 Chapter 645 of the Acts of the General Assembly of 2021 24 
Section 11 25 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26 
That Section(s) 5–101(i) of Article – Natural Resources of the Annotated Code of Maryland 27 
be repealed. 28 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5–101(j) through 29 
(m) and 5–1601(hh) through (qq) of Article – Natural Resources of the Annotated Code of 30 
Maryland be renumbered to be Section(s) 5–101(i) through (l) and 5–1601(ii) through (rr), 31 
respectively. 32 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 33 
as follows: 34 
 
Article – Natural Resources 35 
 
5–101. 36 
   	SENATE BILL 526 	3 
 
 
 (a) In this title the following words have the meanings indicated. 1 
 
 (e) (1) “Forest land” means [a biological community dominated by trees and 2 
other woody plants that are capable of producing timber or other wood products with a 3 
stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or 4 
greater diameter at 4.5 feet above the ground] A CONTIGUOUS PATCH O F TREES THAT 5 
IS AT LEAST 1 ACRE IN SIZE EXHIBITING AT LEAST ONE TRANSEC T OF AT LEAST 240 6 
FEET IN WIDTH. 7 
 
 (2) “Forest land” includes forested areas that have been cut but not 8 
converted to other land uses. 9 
 
 (M) “TREE CANOPY” MEANS THE CROWNS OF DECIDUOUS AND EVERGR EEN 10 
WOODY VEGETATION THAT IS: 11 
 
 (1) THE PRODUCT OF NATURA L GROWTH OR HUMAN PL ANTING; AND  12 
 
 (2) GREATER THAN 3 METERS IN HEIGHT . 13 
 
5–102. 14 
 
 (b) It is the policy of the State to encourage the retention and sustainable 15 
management of forest lands by: 16 
 
 [(1) Achieving no net loss of forest;] 17 
 
 (1) INCREASING THE ACREAGE OF LAND IN THE STATE AS MEASURED 18 
EVERY 4 YEARS THAT IS: 19 
 
 (I) FOREST LAND; OR 20 
 
 (II) COVERED BY TREE CANOP Y, FOR LAND LOCATED INSIDE AN 21 
URBAN AREA OR OUTSIDE AN URBAN AREA; 22 
 
5–1601. 23 
 
 (a) In this subtitle the following words have the meanings indicated. 24 
 
 (gg) “Qualified conservation” means the conservation of all or a part of an existing 25 
forest that: 26 
 
 (1) [Was] HAS BEEN approved [on or before December 31, 2020,] by the 27 
appropriate State or local forest conservation program for the purpose of establishing a 28 
forest mitigation bank; [and] 29 
  4 	SENATE BILL 526  
 
 
 (2) IS NOT LOCATED ON LAN D FOR WHICH: 1 
 
 (I) DEVELOPMENT OR SUBDIV ISION RIGHTS HAVE BE EN 2 
MATERIALLY EXTINGUIS HED; 3 
 
 (II) STATE OR LOCAL LAW PRO HIBITS SUBDIVISION O F THE 4 
LAND WITHOUT THE APP ROVAL OF A WAIVER , MODIFICATION , OR VARIANCE, NOT 5 
INCLUDING A VARIANCE ISSUED UNDER THIS SU BTITLE; 6 
 
 (III) THE SOIL IS REASONABL Y EXPECTED TO BE UNS UITABLE 7 
FOR SUPPORTING A CON VENTIONAL SEPTIC SYSTEM AND PU BLIC SEWER SERVICE I S 8 
NOT PLANNED ; OR 9 
 
 (IV) MAJOR SUBDIVISIONS AR E PROHIBITED BY LOCA L ZONING 10 
OR § 9–206 OF THE ENVIRONMENT ARTICLE; AND 11 
 
 (3) Is encumbered in perpetuity by a restrictive easement, covenant, or 12 
another similar mechanism recorded in the county land records to conserve its character 13 
as a forest. 14 
 
 (HH) “QUALIFIED PROJECT ” MEANS A PROJECT : 15 
 
 (1) THAT USES QUALIFIED C ONSERVATION FOR WHIC H AN 16 
APPLICATION WAS SUBM ITTED OR APPROVED ON OR BEFORE DECEMBER 31, 2020; 17 
OR 18 
 
 (2) THAT IS GOVERNED BY A LOCAL PROGRAM THAT H AS 19 
ALTERNATIVE AFFOREST ATION, REFORESTATION , AND PRESERVATION 20 
REQUIREMENTS ADOPTED UNDER § 5–1606.1 OF THIS SUBTITLE. 21 
 
5–1602. 22 
 
 (a) Except as provided in subsection (b) of this section, this subtitle shall apply to 23 
any public or private subdivision plan or application for a grading or sediment control 24 
permit by any person, including a unit of State or local government on areas 40,000 square 25 
feet or greater. 26 
 
 (b) The provisions of this subtitle do not apply to: 27 
 
 (5) The cutting or clearing of public utility rights–of–way [or land] for 28 
electric generating stations licensed pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of 29 
the Public Utilities Article, provided that: 30 
 
 (i) Any required certificates of public convenience and necessity 31 
have been issued in accordance with § 5–1603(f) of this subtitle; and 32   	SENATE BILL 526 	5 
 
 
 
 (ii) The cutting or clearing of the forest is conducted so as to 1 
minimize the loss of forest; 2 
 
5–1606. 3 
 
 (a) (1) For the following land use categories, tracts having less than 20% of the 4 
net tract area in forest cover shall be afforested up to 20% of the net tract area: 5 
 
 (i) Agriculture and resource areas; and 6 
 
 (ii) Medium density residential areas. 7 
 
 (2) For the following land use categories, tracts having less than 15% of the 8 
net tract area in forest cover shall be afforested up to 15% of the net tract area: 9 
 
 (i) Institutional development areas; 10 
 
 (ii) High density residential areas; 11 
 
 (iii) Mixed use and planned unit development areas; and 12 
 
 (iv) Commercial and industrial use areas. 13 
 
 (3) Afforestation requirements must conform to the conditions in §§ 5–1607 14 
and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if 15 
afforestation on–site or off–site cannot be reasonably accomplished. 16 
 
 (4) (i) The afforestation requirements under this subsection shall be 17 
accomplished within 1 year or 2 growing seasons after the completion of the development 18 
project. 19 
 
 (ii) If afforestation cannot be reasonably accomplished on–site or  20 
off–site, the requirement to contribute money to a Forest Conservation Fund under §  21 
5–1610 of this subtitle shall be met within 90 days after the completion of the development 22 
project. 23 
 
 (5) Linear projects that involve no change in land use may not be subject 24 
to afforestation requirements. 25 
 
 (b) There is a forest conservation threshold established for all land use categories 26 
as provided in subsection (c) of this section. The forest conservation threshold means the 27 
percentage of the net tract area at which the reforestation requirement changes from a 28 
ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1 29 
acre removed. 30 
  6 	SENATE BILL 526  
 
 
 (c) After every reasonable effort to minimize the cutting or clearing of trees and 1 
other woody plants is exhausted in the development of a subdivision plan and grading and 2 
sediment control activities and implementation of the forest conservation plan, the forest 3 
conservation plan shall provide for reforestation, or payment into the Forest Conservation 4 
Fund, according to the formula set forth in subsection (b) of this section and consistent with 5 
the following forest conservation thresholds for the applicable land use category: 6 
 
 (1) Agricultural and resource areas: 50% of net tract area; 7 
 
 (2) Medium density residential areas: 25% of net tract area; 8 
 
 (3) Institutional development areas: 20% of net tract area; 9 
 
 (4) High density residential areas: 20% of net tract area; 10 
 
 (5) Mixed use and planned unit development areas: 15% of net tract area; 11 
and 12 
 
 (6) Commercial and industrial use areas: 15% of net tract area. 13 
 
 (d) (1) Subject to the provisions of paragraph (2) of this subsection, for all 14 
existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above 15 
the applicable forest conservation threshold, the area of forest removed shall be reforested 16 
at a ratio of 1/4 acre planted for every 1 acre removed. 17 
 
 (2) Each acre of forest retained on the net tract area above the applicable 18 
forest conservation threshold shall be credited against the total number of acres required 19 
to be reforested under paragraph (1) of this subsection. 20 
 
 (e) For all existing forest cover measured to the nearest 1/10 acre cleared on the 21 
net tract area below the applicable forest conservation threshold, the area of forest removed 22 
shall be reforested at a ratio of 2 acres planted for every 1 acre removed. 23 
 
 (f) (1) The reforestation requirements under this section shall be 24 
accomplished within 1 year or 2 growing seasons after completion of the development 25 
project. 26 
 
 (2) If reforestation cannot be reasonably accomplished on–site or off–site, 27 
the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this 28 
subtitle shall be met within 90 days after completion of the development project. 29 
 
 (g) A unit of local government with planning and zoning authority may adopt 30 
forest conservation thresholds and afforestation and reforestation requirements as part of 31 
its local forest conservation program that are more stringent than the forest conservation 32 
thresholds and afforestation and reforestation requirements in this section. 33 
   	SENATE BILL 526 	7 
 
 
 (H) ANY REFORESTATION REQ UIREMENTS UNDER THIS SUBTITLE SHALL BE 1 
CALCULATED UNDER § 5–1606.1 OF THIS SUBTITLE INS TEAD OF THIS SECTION IF 2 
THE ACREAGE OF REQUI RED REFOREST ATION IS GREATER AS CALCULATED UNDER 3 
§ 5–1606.1 OF THIS SUBTITLE THA N IS THE CASE AS CAL CULATED UNDER THIS 4 
SECTION. 5 
 
5–1606.1. 6 
 
 (A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 7 
FOR ALL EXISTING FOREST COVER MEASURED TO TH E NEAREST 1/10 ACRE CLEARED 8 
ON A SITE, THE AREA OF FOREST C LEARED SHALL BE REFORESTED AT A RATIO OF 1 9 
ACRE PLANTED FOR EVE RY 1 ACRE CLEARED . 10 
 
 (2) FOR ALL EXISTING PRIORITY FOREST COVER , AS DESCRIBED 11 
UNDER § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10 ACRE 12 
CLEARED ON A SITE , THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A 13 
RATIO OF 2 ACRES PLANTED FOR EVERY 1 ACRE CLEARED . 14 
 
 (B) (1) A LOCAL JURISDICTION M AY PROPOSE, AND THE DEPARTMENT 15 
MAY APPROVE , ALTERNATIVE AFFOREST ATION, REFORESTATION , AND 16 
PRESERVATIO N REQUIREMENTS THAT ARE EXPECTED TO RESU LT IN THE LOCAL 17 
PROGRAM AT A MINIMUM MAINTAINING ITS EXISTING LEVEL OF FOREST COVE R 18 
OVER A 2–YEAR PERIOD. 19 
 
 (2) IF THE DEPARTMENT FINDS THAT THE PROPOSED ALTERNA TIVE 20 
AFFORESTATION , REFORESTATION , AND PRESERVATION REQUIREMENTS ARE NOT 21 
EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE LEVEL OF FOREST 22 
COVER, THE DEPARTMENT SHALL: 23 
 
 (I) REJECT THE PROPOSED A LTERNATIVE AFFORESTA TION, 24 
REFORESTATION , AND PRESERVATION REQ UIREMENTS; AND 25 
 
 (II) PROVIDE THE LOCAL JUR ISDICTION WITH WRITT EN NOTICE 26 
OF THE ELEMENTS OF T HE PROPOSAL THAT NEE D TO BE REVISED. 27 
 
 (3) IN DETERMINING WHETHE	R PROPOSED ALTERNATI	VE 28 
AFFORESTATION , REFORESTATION , AND PRESERVATION REQUIREMENTS ARE 29 
EXPECTED TO MAINTAIN THE LOCA L JURISDICTION’S BASELINE LEVEL OF FOREST 30 
COVER, THE DEPARTMENT SHALL CONS IDER CREDITS GENERAT ED UNDER §  31 
5–1607(B)(3) OF THIS SUBTITLE TO BE FOREST ACREAGE . 32 
 
 (4) THE DEPARTMENT SHALL RESC IND APPROVAL OF ALTERNAT IVE 33 
AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS IF THE 34  8 	SENATE BILL 526  
 
 
LOCAL PROGRAM DOES NOT MAINTAIN TH E LOCAL JURISDICTION ’S BASELINE 1 
LEVEL OF FOREST COVE R OVER TWO CONSECUTI VE 2–YEAR PERIODS. 2 
 
5–1607. 3 
 
 (a) The preferred sequence for afforestation and reforestation shall be established 4 
by the State or local authority in accordance with the following after all techniques for 5 
retaining existing forest cover on–site have been exhausted: 6 
 
 (1) Those techniques that enhance existing forest and involve selective 7 
clearing or supplemental planting on–site; 8 
 
 (2) On–site afforestation or reforestation may be utilized where the 9 
retention options have been exhausted. In those cases, the method shall be selected in 10 
accordance with subsection (b) of this section, and the location shall be selected in 11 
accordance with subsection (d) of this section; 12 
 
 (3) (i) Off–site afforestation or reforestation in the same watershed or 13 
in accordance with an approved master plan may be utilized where the applicant has 14 
demonstrated that no reasonable on–site alternative exists, or where: 15 
 
 1. Any on–site priority areas for afforestation or 16 
reforestation have been planted in accordance with subsection (d) of this section; and 17 
 
 2. The applicant has justified to the satisfaction of the State 18 
or local jurisdiction that environmental benefits associated with off–site afforestation or 19 
reforestation would exceed those derived from on–site planting; 20 
 
 (ii) In these cases, the method shall be selected in accordance with 21 
subsection (b) of this section, and the location shall be selected in accordance with 22 
subsection (d) of this section; and 23 
 
 (iii) Off–site afforestation or reforestation may include the use of 24 
forest mitigation banks which have been so designated in advance by the State or local 25 
forest conservation program which is approved by the Department; and 26 
 
 (4) The State or local jurisdiction may allow an alternative sequence for a 27 
specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans 28 
or policies or to take advantage of opportunities to consolidate forest conservation efforts. 29 
 
 (b) Standards for meeting afforestation or reforestation requirements shall be 30 
established by the State or local program using one or more of the following methods: 31 
 
 (1) Forest creation in accordance with a forest conservation plan using one 32 
or more of the following: 33 
 
 (i) Transplanted or nursery stock; 34   	SENATE BILL 526 	9 
 
 
 
 (ii) Whip and seedling stock; or 1 
 
 (iii) Natural regeneration where it can be shown to adequately meet 2 
the objective of the forest conservation plan[.]; 3 
 
 (2) [The] FOR A QUALIFIED PROJE CT, THE use of qualified conservation 4 
completed in a forest mitigation bank, in which case, the afforestation or reforestation 5 
credit granted may not exceed 50% of the forest area encumbered in perpetuity[.]; 6 
 
 (3) [The use of street trees in] IN a municipal corporation with a tree 7 
management plan, in an existing population center designated in a county master plan that 8 
has been adopted to conform with the Economic Growth, Resource Protection, and Planning 9 
Act of 1992, or in any other designated area approved by the Department as part of a local 10 
program, under criteria established by the local program, subject to the approval of the 11 
Department, using: 12 
 
 (i) [Street] THE PLANTING OF STREE T trees as a permissible step 13 
in the priority sequence for afforestation or reforestation and, based on a mature canopy 14 
coverage, may grant full credit as a mitigation technique; [and] 15 
 
 (ii) Acquisition as a mitigation technique of an off–site protective 16 
easement for existing forested areas not currently protected in perpetuity, in which case 17 
the afforestation or reforestation credit granted may not exceed 50% of the area of forest 18 
cover protected[.]; 19 
 
 (III) THE RESTORATION OF DE GRADED FOREST , INCLUDING 20 
SOIL AMENDMENT AND S TABILIZATION, THE REMOVAL OF INVAS IVE SPECIES, 21 
WILDLIFE CONTROL , THE ESTABLISHMENT OF UNDERSTORY , AND NEW TREE 22 
PLANTINGS, AS APPROPRIATE , IN WHICH CASE THE AFFORESTATION OR 23 
REFORESTATION CREDIT GRANTED MAY NOT EXCEED 50% OF THE AREA OF FORES T 24 
RESTORED; AND 25 
 
 (IV) THE ESTABLISHMENT OF 	PLANTED GREEN 26 
INFRASTRUCTURE OR EN VIRONMENTAL SITE DES IGN PRACTICES BEYOND THE 27 
AMOUNT REQUIRED UNDE R § 4–203 OF THE ENVIRONMENT ARTICLE MAY GRANT 28 
FULL CREDIT AS A MIT IGATION TECHNIQUE ; AND 29 
 
 (4) When all other options, both on–site and off–site, have been exhausted, 30 
landscaping as a mitigation technique, conducted under an approved landscaping plan that 31 
establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area. 32 
 
 (c) (1) The following trees, shrubs, plants, and specific areas shall be 33 
considered priority for retention and protection, and they shall be left in an undisturbed 34 
condition unless the applicant has demonstrated, to the satisfaction of the State or local 35  10 	SENATE BILL 526  
 
 
authority, that reasonable efforts have been made to protect them and the plan cannot 1 
reasonably be altered: 2 
 
 (i) Trees, shrubs, and plants located in sensitive areas including 3 
100–year floodplains, intermittent [and] STREAMS AND THEIR BU FFERS OF AT LEAST 4 
50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT 5 
LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep 6 
slopes, and critical habitats; [and] 7 
 
 (ii) Contiguous forest that connects the largest undeveloped or most 8 
vegetated tracts of land within and adjacent to the site; AND 9 
 
 (III) TREES, SHRUBS, AND PLANTS IN URBAN AREAS THAT ARE 10 
ESSENTIAL FOR PROVID ING WILDLIFE HABITAT OR MITIGATING FLOODI NG, HIGH 11 
TEMPERATURES , OR AIR POLLUTION . 12 
 
 (2) The following trees, shrubs, plants, and specific areas shall be 13 
considered priority for retention and protection, and they shall be left in an undisturbed 14 
condition unless the applicant has demonstrated, to the satisfaction of the State or local 15 
authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle: 16 
 
 (I) FOREST LAND SUITABLE FOR FOREST INTERIOR–DWELLING 17 
SPECIES AND FOREST C ORRIDORS CONNECTING THESE FOREST PATCHES ; 18 
 
 (II) FOREST LAND LOCATED IN A TAR GETED ECOLOGICAL ARE A 19 
AS IDENTIFIED BY THE DEPARTMENT ; 20 
 
 (III) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 21 
WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ; 22 
 
 (IV) FOREST LOCATED IN A WATER RESOURCE PRO TECTION 23 
ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTECTION AREA AS 24 
IDENTIFIED BY A LOCA L JURISDICTION; 25 
 
 [(i)] (V) Trees, shrubs, or plants identified on the list of rare, 26 
threatened, and endangered species of the U.S. Fish and Wildlife Service or the 27 
Department; 28 
 
 [(ii)] (VI) Trees that are part of a historic site or associated with a 29 
historic structure or designated by the Department or local authority as a national, State, 30 
or local Champion Tree; and 31 
 
 [(iii)] (VII) Trees having a diameter measured at 4.5 feet above the 32 
ground of: 33 
   	SENATE BILL 526 	11 
 
 
 1. 30 inches; or 1 
 
 2. 75% of the diameter, measured at 4.5 feet above the 2 
ground, of the current State Champion Tree of that species as designated by the 3 
Department. 4 
 
 (d) The following shall be considered priority for afforestation or reforestation: 5 
 
 (1) Establish or enhance forest buffers adjacent to intermittent and 6 
perennial streams and coastal bays to widths of at least 50 feet; 7 
 
 (2) Establish or increase existing forested corridors to connect existing 8 
forests within or adjacent to the site and, where practical, forested corridors should be a 9 
minimum of 300 feet in width to facilitate wildlife movement; 10 
 
 (3) Establish or enhance forest buffers adjacent to critical habitats where 11 
appropriate; 12 
 
 (4) Establish or enhance forested areas in 100–year floodplains; 13 
 
 (5) Establish plantings to stabilize slopes of 25% or greater and slopes of 14 
15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other 15 
natural depressions; 16 
 
 (6) Establish buffers adjacent to areas of differing land use where 17 
appropriate, or adjacent to highways or utility rights–of–way; 18 
 
 (7) Establish forest areas adjacent to existing forests so as to increase the 19 
overall area of contiguous forest cover, when appropriate; and 20 
 
 (8) Use native plant materials for afforestation or reforestation, when 21 
appropriate. 22 
 
 (e) (1) As part of the development of a forest conservation program, the State 23 
or local government shall develop provisions for: 24 
 
 (i) Preservation of areas described in subsections (c) and (d)(1) and 25 
(3) of this section; 26 
 
 (ii) Retention as forest of all land forested, afforested, or reforested 27 
under this subtitle; and 28 
 
 (iii) Limitation of uses of forest to those that are not inconsistent with 29 
forest conservation, such as recreational activities and forest management under 30 
subsection (f) of this section. 31 
  12 	SENATE BILL 526  
 
 
 (2) The provisions required in paragraph (1) of this subsection may include 1 
protective agreements for areas of forest conservation, including conservation easements, 2 
deed restrictions, and covenants. 3 
 
 (f) An owner may place land that is forested, afforested, or reforested under this 4 
subtitle in the forest conservation and management program under § 8–211 et seq. of the 5 
Tax – Property Article or in a forest management plan prepared by a licensed forester and 6 
approved by the local authority or the State. Reforestation shall be required when the final 7 
regeneration harvest is complete or if determined to be necessary due to the lack of 8 
adequate natural regeneration. 9 
 
Article – Tax – Property 10 
 
8–211. 11 
 
 (a) (1) In this section the following words have the meaning indicated. 12 
 
 (2) “Agreement” means an agreement made under subsection (c) of this 13 
section. 14 
 
 (3) “Program” means the forest conservation and management program. 15 
 
 (b) The Department of Natural Resources shall establish the program to: 16 
 
 (1) encourage the preservation or development of land for productive 17 
woodland purposes; 18 
 
 (2) increase the income of persons in the State from the sale of timber; 19 
 
 (3) prevent flooding of land and the loss of the State’s soil; 20 
 
 (4) provide wooded areas for the use and enjoyment of all individuals in the 21 
State; and 22 
 
 (5) promote the welfare and assets of the State. 23 
 
 (c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 24 
SUBSECTION, THE owner of at least 5 contiguous acres of land may make an agreement 25 
with the Department of Natural Resources to place the land in the program. 26 
 
 (2) IN BALTIMORE CITY AND ANNE ARUNDEL, BALTIMORE, 27 
HOWARD, MONTGOMERY , AND PRINCE GEORGE’S COUNTIES, THE OWNER OF AT 28 
LEAST 2 CONTIGUOUS AC RES OF LAND MAY MA KE AN AGREEMENT WITH THE 29 
DEPARTMENT OF NATURAL RESOURCES TO PLACE TH E LAND IN THE PROGRA M.  30 
 
Chapter 645 of the Acts of 2021 31   	SENATE BILL 526 	13 
 
 
 
 SECTION 11. AND BE IT FURTHER ENACTED, That, except as provided in 1 
Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION 2 
7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of 3 
June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required 4 
by the General Assembly, shall be abrogated and of no further force and effect. Subject to 5 
Section 10 of this Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of 6 
10 years and 1 month and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with 7 
no further action required by the General Assembly, shall be abrogated and of no further 8 
force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1 9 
month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required 10 
by the General Assembly, shall be abrogated and of no further force and effect. 11 
 
 SECTION 4. AND BE IT FURTHER ENACTED, Th at this Act shall take effect 12 
October 1, 2023. 13