Maryland 2023 Regular Session

Maryland Senate Bill SB526 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 542
2	1
3		-	– 1 –
4		-	Chapter 542
5		-	(Senate Bill 526)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	sb0526
8	9
9		-	Natural Resources – Forest Preservation and Retention
	10	+	SENATE BILL 526
	11	+	M1 3lr1713
	12	+	CF HB 723
	13	+	By: Senators Elfreth, Guzzone, Gile, Hester, Kramer, Lam, Hettleman,
	14	+	M. Washington, West, and Zucker
	15	+	Introduced and read first time: February 3, 2023
	16	+	Assigned to: Education, Energy, and the Environment
	17	+	Committee Report: Favorable with amendments
	18	+	Senate action: Adopted
	19	+	Read second time: March 19, 2023
10	20
11		-	FOR the purpose of altering the definition of “qualified conservation” for purposes of
12		-	provisions of law related to forest mitigation banks; establishing and authorizing
13		-	altering exemptions from certain afforestation, reforestation, and preservation
14		-	requirements; altering certain alternative methods of calculating forest
15		-	afforestation, reforestation, and preservation requirements; altering the
16		-	development projects for which afforestation or reforestation credits granted may not
17		-	exceed a certain percentage of forest conserved; authorizing local jurisdictions to
18		-	adopt certain alternative afforestation, reforestation, and preservation
19		-	requirements; altering rules for the use of qualified conservation to meet
20		-	afforestation or reforestation requirements; adding certain tree plantings and
21		-	practices as methods that certain municipal corporations may use to meet
22		-	afforestation or reforestation requirements; adding certain areas and vegetation
23		-	considered to be a priority for forest retention and protection under certain
24		-	circumstances; lowering the acreage threshold in certain counties for participation
25		-	in the forest conservation and management program; providing for judicial review of
26		-	certain plans and determinations; extending the time period for the Department of
27		-	Natural Resources to spend certain money deposited in the Forest Conservation
28		-	Fund; requiring the Department to update the State Forest Conservation Technical
29		-	Manual; requiring the Department to establish a workgroup to evaluate and
30		-	recommend incentives for private landowners to conserve forests; and generally
31		-	relating to forest preservation and retention.
	21	+	CHAPTER ______
32	22
33		-	BY repealing
34		-	Article – Natural Resources
35		-	Section 5–101(i) and 5–102(b)(1)
36		-	Annotated Code of Maryland
37		-	(2018 Replacement Volume and 2022 Supplement)
	23	+	AN ACT concerning 1
38	24
39		-	BY renumbering
40		-	Article – Natural Resources
41		-	Section 5–101(j) through (m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8)
42		-	to be Section 5–101(i) through (l) and 5–1601(ii) through (rr) 5–102(b)(3) through (9),
43		-	respectively
44		-	Annotated Code of Maryland
45		-	(2018 Replacement Volume and 2022 Supplement)
	25	+	Natural Resources – Forest Preservation and Retention 2
46	26
47		-	BY repealing and reenacting, without amendments,
48		-	Article – Natural Resources
49		-	Section 5–101(a), 5–1601(a), and 5–1602(a), and 5–1610(b) Ch. 542 2023 LAWS OF MARYLAND
	27	+	FOR the purpose of altering the definition of “qualified conservation” for purposes of 3
	28	+	provisions of law related to forest mitigation banks; establishing and authorizing 4
	29	+	altering exemptions from certain afforestation, reforestation, and preservation 5
	30	+	requirements; altering certain alternative methods of calculating forest 6
	31	+	afforestation, reforestation, and preservation requirements; altering the 7
	32	+	development projects for which afforestation or reforestation credits granted may not 8
	33	+	exceed a certain percentage of forest conserved; authorizing local jurisdictions to 9
	34	+	adopt certain alternative afforestation, reforestation, and preservation 10
	35	+	requirements; altering rules for the use of qualified conservation to meet 11
	36	+	afforestation or reforestation requirements; adding certain tree plantings and 12
	37	+	practices as methods that certain municipal corporations may use to meet 13
	38	+	afforestation or reforestation requirements; adding certain areas and vegetation 14
	39	+	considered to be a priority for forest retention and protection under certain 15
	40	+	circumstances; lowering the acreage threshold in certain counties for participation 16
	41	+	in the forest conservation and management program; providing for judicial review of 17
	42	+	certain plans and determinations; extending the time period for the Department of 18
	43	+	Natural Resources to spend certain money deposited in the Forest Conservation 19
	44	+	Fund; requiring the Department to update the State Forest Conservation Technical 20
	45	+	Manual; requiring the Department to establish a workgroup to evaluate a nd 21
	46	+	recommend incentives for private landowners to conserve forests; and generally 22
	47	+	relating to forest preservation and retention. 23
	48	+	2 SENATE BILL 526
50	49
51		-	– 2 –
52		-	Annotated Code of Maryland
53		-	(2018 Replacement Volume and 2022 Supplement)
54	50
55		-	BY repealing and reenacting, with amendments,
56		-	Article – Natural Resources
57		-	Section 5–101(e), 5–1601(gg), 5–1602(b)(5), 5–1602(b)(4), (5), (12), and (13),
58		-	5–1603(a)(1) and (c)(3)(ii), 5–1605(d), 5–1606, and 5–1607, 5–1610(e), and
59		-	5–1610.1(c)
60		-	Annotated Code of Maryland
61		-	(2018 Replacement Volume and 2022 Supplement)
	51	+	BY repealing 1
	52	+	Article – Natural Resources 2
	53	+	Section 5–101(i) and 5–102(b)(1) 3
	54	+	Annotated Code of Maryland 4
	55	+	(2018 Replacement Volume and 2022 Supplement) 5
62	56
63		-	BY adding to
64		-	Article – Natural Resources
65		-	Section 5–101(m), 5–102(b)(1) and (2), 5–1601(hh), 5–1602(b)(14) through (17), and
66		-	5–1606.1
67		-	Annotated Code of Maryland
68		-	(2018 Replacement Volume and 2022 Supplement)
	57	+	BY renumbering 6
	58	+	Article – Natural Resources 7
	59	+	Section 5–101(j) through (m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8) 8
	60	+	to be Section 5–101(i) through (l) and 5–1601(ii) through (rr) 5–102(b)(3) through (9), 9
	61	+	respectively 10
	62	+	Annotated Code of Maryland 11
	63	+	(2018 Replacement Volume and 2022 Supplement) 12
69	64
70		-	BY repealing and reenacting, without amendments,
71		-	Article – ~~Tax – Property~~
72		-	Section 8–~~211~~(a) and (b)
73		-	Annotated Code of Maryland
74		-	(~~2019~~ Replacement Volume and 2022 Supplement)
	65	+	BY repealing and reenacting, without amendments, 13
	66	+	Article – Natural Resources 14
	67	+	Section 5–101(a), 5–1601(a), and 5–1602(a), and 5–1610(b) 15
	68	+	Annotated Code of Maryland 16
	69	+	(2018 Replacement Volume and 2022 Supplement) 17
75	70
76		-	BY repealing and reenacting, with amendments,
77		-	Article – Tax – Property
78		-	Section 8–211(c)
79		-	Annotated Code of Maryland
80		-	(2019 Replacement Volume and 2022 Supplement)
	71	+	BY repealing and reenacting, with amendments, 18
	72	+	Article – Natural Resources 19
	73	+	Section 5–101(e), 5–1601(gg), 5–1602(b)(5), 5–1602(b)(4), (5), (12), and (13), 20
	74	+	5–1603(a)(1) and (c)(3)(ii), 5–1605(d), 5–1606, and 5–1607, 5–1610(e), and 21
	75	+	5–1610.1(c) 22
	76	+	Annotated Code of Maryland 23
	77	+	(2018 Replacement Volume and 2022 Supplement) 24
81	78
82		-	BY repealing and reenacting, with amendments,
83		-	Chapter 645 of the Acts of the General Assembly of 2021
84		-	Section 11
	79	+	BY adding to 25
	80	+	Article – Natural Resources 26
	81	+	Section 5–101(m), 5–102(b)(1) and (2), 5–1601(hh), 5–1602(b)(14) through (17), and 27
	82	+	5–1606.1 28
	83	+	Annotated Code of Maryland 29
	84	+	(2018 Replacement Volume and 2022 Supplement) 30
85	85
86		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
87		-	That Section(s) 5–101(i) of Article – Natural Resources of the Annotated Code of Maryland
88		-	be repealed.
	86	+	BY repealing and reenacting, without amendments, 31
	87	+	Article – Tax – Property 32
	88	+	Section 8–211(a) and (b) 33
	89	+	Annotated Code of Maryland 34
	90	+	(2019 Replacement Volume and 2022 Supplement) 35
89	91
90		-	SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5 –101(j) through
91		-	(m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8) of Article – Natural Resources of
92		-	the Annotated Code of Maryland be renumbered to be Section(s) 5–101(i) through (l) and
93		-	5–1601(ii) through (rr) 5–102(b)(3) through (9), respectively.
	92	+	BY repealing and reenacting, with amendments, 36
	93	+	Article – Tax – Property 37
	94	+	Section 8–211(c) 38
	95	+	Annotated Code of Maryland 39
	96	+	(2019 Replacement Volume and 2022 Supplement) 40
	97	+	SENATE BILL 526 3
94	98
95		-	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
96		-	as follows:
97		-	WES MOORE, Governor Ch. 542
98	99
99		-	– 3 –
100		-	Article – Natural Resources
	100	+	BY repealing and reenacting, with amendments, 1
	101	+	Chapter 645 of the Acts of the General Assembly of 2021 2
	102	+	Section 11 3
101	103
102		-	5–101.
	104	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
	105	+	That Section(s) 5–101(i) of Article – Natural Resources of the Annotated Code of Maryland 5
	106	+	be repealed. 6
103	107
104		-	(a) In this title the following words have the meanings indicated.
	108	+	SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5 –101(j) through 7
	109	+	(m) and 5–1601(hh) through (qq) 5–102(b)(2) through (8) of Article – Natural Resources of 8
	110	+	the Annotated Code of Maryland be renumbered to be Section(s) 5–101(i) through (l) and 9
	111	+	5–1601(ii) through (rr) 5–102(b)(3) through (9), respectively. 10
105	112
106		-	(e) (1) “Forest land” means [a biological community dominated by trees and
107		-	other woody plants that are capable of producing timber or other wood products with a
108		-	stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or
109		-	greater diameter at 4.5 feet above the ground] A CONTIGUOUS PATCH O F TREES THAT
110		-	IS AT LEAST 1 ACRE IN SIZE EXHIBIT ING AT LEAST ONE TRA NSECT OF AT LEAST 240
111		-	120 FEET IN WIDTH.
	113	+	SECTION 3. AND BE IT FUR THER ENACTED, That the Laws of Maryland read 11
	114	+	as follows: 12
112	115
113		-	(2) “Forest land” includes forested areas that have been cut but not
114		-	converted to other land uses.
	116	+	Article – Natural Resources 13
115	117
116		-	(M) “TREE CANOPY” MEANS THE CROWNS OF DECIDUOUS AND EVERGR EEN
117		-	WOODY VEGETATION THA T IS:
	118	+	5–101. 14
118	119
119		-	(1) THE ~~PRODUCT OF N ATURAL GROWTH OR HUM AN PLANTING; AND~~
	120	+	(a) In this title the following words have the meanings indicated. 15
120	121
121		-	(2) GREATER THAN 3 METERS IN HEIGHT .
	122	+	(e) (1) “Forest land” means [a biological community dominated by trees and 16
	123	+	other woody plants that are capable of producing timber or other wood products with a 17
	124	+	stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or 18
	125	+	greater diameter at 4.5 feet above the ground] A CONTIGUOUS PATCH O F TREES THAT 19
	126	+	IS AT LEAST 1 ACRE IN SIZE EXHIBIT ING AT LEAST ONE TRA NSECT OF AT LEAST 240 20
	127	+	120 FEET IN WIDTH. 21
122	128
123		-	5–102.
	129	+	(2) “Forest land” includes forested areas that have been cut but not 22
	130	+	converted to other land uses. 23
124	131
125		-	(b) ~~It is~~ the ~~policy~~ of ~~the State to encourage the retention~~ and ~~sustainable~~
126		-	~~management of forest lands by~~:
	132	+	(M) “TREE CANOPY” MEANS THE CROWNS OF DECIDUOUS AND EVERGR EEN 24
	133	+	WOODY VEGETATION THAT IS : 25
127	134
128		-	[(1) ~~Achieving no net loss~~ of ~~forest~~;]
	135	+	(1) THE PRODUCT OF NATURA L GROWTH OR HUMAN PL ANTING; AND 26
129	136
130		-	(1) INCREASING THE ACREAGE OF INCREASING, AS MEASURED
131		-	EVERY 4 YEARS, THE ACREAGE OF FORES T LAND IN THE STATE AS MEASURED EVERY
132		-	4 YEARS THAT IS:
	137	+	(2) GREATER THAN 3 METERS IN HEIGHT . 27
133	138
134		-	~~(I) FOREST LAND; OR~~
	139	+	5–102. 28
135	140
136		-	(II) COVERED;
	141	+	(b) It is the policy of the State to encourage the retention and sustainable 29
	142	+	management of forest lands by: 30
137	143
138		-	(2) INCREASING, AS MEASURED EVERY 4 YEARS, THE ACREAGE OF
139		-	LAND IN THE STATE COVERED BY TREE CANOPY , FOR LAND LOCATED INS IDE AN
140		-	URBAN AREA OR AND OUTSIDE AN URBAN ARE A;
	144	+	[(1) Achieving no net loss of forest;] 31
	145	+	4 SENATE BILL 526
141	146
142		-	5–1601.
143	147
144		-	(a) In this subtitle the following words have the meanings indicated. Ch. 542 2023 LAWS OF MARYLAND
	148	+	(1) INCREASING THE ACREAG E OF INCREASING, AS MEASURED 1
	149	+	EVERY 4 YEARS, THE ACREAGE OF FORES T LAND IN THE STATE AS MEASURED EVERY 2
	150	+	4 YEARS THAT IS: 3
145	151
146		-	– 4 –
	152	+	(I) FOREST LAND; OR 4
147	153
148		-	(gg) “Qualified conservation” means the conservation of all or a part of an existing
149		-	forest that:
	154	+	(II) COVERED; 5
150	155
151		-	(1) ~~[Was] HAS BEEN approved [on or before December 31~~, ~~2020~~,~~] by~~ the
152		-	~~appropriate~~ State ~~or local forest conservation program~~ for ~~the purpose of establishing a~~
153		-	~~forest mitigation bank~~; ~~[and]~~
	156	+	(2) INCREASING, AS MEASURED EVERY 4 YEARS, THE ACREAGE OF 6
	157	+	LAND IN THE STATE COVERED BY TREE CANOPY , FOR LAND LOCATED INS IDE AN 7
	158	+	URBAN AREA OR AND OUTSIDE AN URBAN ARE A; 8
154	159
155		-	~~(2) IS NOT LOCATED ON LAN D FOR WHICH:~~
	160	+	5–1601. 9
156	161
157		-	(I) DEVELOPMENT OR SUBDIV ISION RIGHTS HAVE BE EN
158		-	MATERIALLY EXTINGUIS HED;
	162	+	(a) In this subtitle the following words have the meanings indicated. 10
159	163
160		-	(II) STATE OR LOCAL LAW PR OHIBITS SUBDIVISION OF THE
161		-	LAND WITHOUT THE APP ROVAL OF A WAIVER , MODIFICATION , OR VARIANCE, NOT
162		-	INCLUDING A VARIANCE ISSUED UNDER THIS SU BTITLE;
	164	+	(gg) “Qualified conservation” means the conservation of all or a part of an existing 11
	165	+	forest that: 12
163	166
164		-	(~~III~~) THE ~~SOIL IS REASONABL Y EXPECTED TO BE UNS UITABLE~~
165		-	FOR ~~SUPPORTING~~ A ~~CON VENTIONAL SEPTIC SYS TEM AND PUBLIC SEWER SERVICE IS~~
166		-	~~NOT PLANNED~~ ; OR
	167	+	(1) [Was] HAS BEEN approved [on or before December 31, 2020,] by the 13
	168	+	appropriate State or local forest conservation program for the purpose of establishing a 14
	169	+	forest mitigation bank; [and] 15
167	170
168		-	(IV) MAJOR SUBDIVISIONS AR E PROHIBITED BY LOCA L ZONING
169		-	OR § 9–206 OF THE ENVIRONMENT ARTICLE; AND
	171	+	(2) IS NOT LOCATED ON LAN D FOR WHICH: 16
170	172
171		-	(3) Is encumbered in perpetuity by a restrictive easement, covenant, or
172		-	another similar mechanism recorded in the county land records to conserve its character
173		-	as a forest.
	173	+	(I) DEVELOPMENT OR SUBDIV ISION RIGHTS HAVE BE EN 17
	174	+	MATERIALLY EXTINGUIS HED; 18
174	175
175		-	(HH) “QUALIFIED PROJECT ” MEANS A PROJECT :
	176	+	(II) STATE OR LOCAL LAW PR OHIBITS SUBDIVISION OF THE 19
	177	+	LAND WITHOUT THE APP ROVAL OF A WAIVER , MODIFICATION , OR VARIANCE, NOT 20
	178	+	INCLUDING A VARIAN CE ISSUED UNDER THIS SUBTITLE; 21
176	179
177		-	(1) ~~THAT USES QUALIFIED C ONSERVATION FOR WHICH AN~~
178		-	~~APPLICATION WAS SUBM ITTED OR APPROVED ON OR BEFORE DECEMBER 31,~~ ~~2020;~~
179		-	OR
	180	+	(III) THE SOIL IS REASONABL Y EXPECTED TO BE UNS UITABLE 22
	181	+	FOR SUPPORTING A CON VENTIONAL SEPTIC SYS TEM AND PUBLIC SEWER SERVICE IS 23
	182	+	NOT PLANNED ; OR 24
180	183
181		-	(2) THAT IS GOVERNED BY A LOCAL PROGRAM THAT H AS
182		-	ALTERNATIVE AFFOREST ATION, REFORESTATION , AND PRESERVATION
183		-	REQUIREMENTS ADOPTED UNDER § 5–1606.1 OF THIS SUBTITLE.
	184	+	(IV) MAJOR SUBDIVISIONS AR E PROHIBITED BY LOCA L ZONING 25
	185	+	OR § 9–206 OF THE ENVIRONMENT ARTICLE; AND 26
184	186
185		-	5–1602.
	187	+	(3) Is encumbered in perpetuity by a restrictive easement, covenant, or 27
	188	+	another similar mechanism recorded in the county land records to conserve its character 28
	189	+	as a forest. 29
186	190
187		-	(a) Except as provided in subsection (b) of this section, this subtitle shall apply to
188		-	any public or private subdivision plan or application for a grading or sediment control
189		-	permit by any person, including a unit of State or local government on areas 40,000 square
190		-	feet or greater. WES MOORE, Governor Ch. 542
	191	+	(HH) “QUALIFIED PROJECT ” MEANS A PROJECT : 30
	192	+	SENATE BILL 526 5
191	193
192		-	– 5 –
193	194
194		-	(b) The provisions of this subtitle do not apply to:
	195	+	(1) THAT USES QUALIFIED CONSE RVATION FOR WHICH AN 1
	196	+	APPLICATION WAS SUBM ITTED OR APPROVED ON OR BEFORE DECEMBER 31, 2020; 2
	197	+	OR 3
195	198
196		-	(4) Any agricultural activity that does not result in a change in land use
197		-	category, including THE OPERATION OF ORC HARDS AND TREE FARMS AND THE
198		-	CONSTRUCTION AND USE OF agricultural support buildings and other related structures
199		-	built using accepted best management practices;
	199	+	(2) THAT IS GOVERNED BY A LOCAL PROGRAM THAT H AS 4
	200	+	ALTERNATIVE AFFOREST ATION, REFORESTATION , AND PRESERVATION 5
	201	+	REQUIREMENTS ADOPTED UNDER § 5–1606.1 OF THIS SUBTITLE. 6
200	202
201		-	(5) The cutting or clearing of public utility rights–of–way [or land] for
202		-	electric generating stations licensed pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of
203		-	the Public Utilities Article, provided that:
	203	+	5–1602. 7
204	204
205		-	(i) Any required certificates of public convenience and necessity
206		-	have been issued in accordance with § 5–1603(f) of this subtitle; and
	205	+	(a) Except as provided in subsection (b) of this section, this subtitle shall apply to 8
	206	+	any public or private subdivision plan or application for a grading or sediment control 9
	207	+	permit by any person, including a unit of State or local government on areas 40,000 square 10
	208	+	feet or greater. 11
207	209
208		-	(ii) The cutting or clearing of the forest is conducted so as to
209		-	minimize the loss of forest;
	210	+	(b) The provisions of this subtitle do not apply to: 12
210	211
211		-	(12) Any stream restoration project for which the applicant for a grading or
212		-	sediment control permit has executed a binding maintenance agreement of at least 5 years
213		-	with the affected property owner; [and]
	212	+	(4) Any agricultural activity that does not result in a change in land use 13
	213	+	category, including THE OPERATION OF ORC HARDS AND TREE FARMS AND THE 14
	214	+	CONSTRUCTION AND USE OF agricultural support buildings and other related structures 15
	215	+	built using accepted best management practices; 16
214	216
215		-	(13) Maintenance or retrofitting of a stormwater management structure
216		-	that may include clearing of vegetation or removal and trimming of trees, so long as the
217		-	maintenance or retrofitting is within the original limits of disturbance for construction of
218		-	the existing structure, or within any maintenance easement for access to the structure;
	217	+	(5) The cutting or clearing of public utility rights–of–way [or land] for 17
	218	+	electric generating stations licensed pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of 18
	219	+	the Public Utilities Article, provided that: 19
219	220
220		-	(14) FOREST MANAGEMENT ;
	221	+	(i) Any required certificates of public convenience and necessity 20
	222	+	have been issued in accordance with § 5–1603(f) of this subtitle; and 21
221	223
222		-	(15) TRANSIT–ORIENTED DEVELOPMENT , AS DEFINED UNDER § 7–101
223		-	OF THE TRANSPORTATION ARTICLE, PROVIDED THAT THE AR EA OF FOREST
224		-	REMOVED SHALL BE :
	224	+	(ii) The cutting or clearing of the forest is conducted so as to 22
	225	+	minimize the loss of forest; 23
225	226
226		-	(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE
227		-	REPLANTED FOR EACH A CRE REMOVED ; OR
	227	+	(12) Any stream restoration project for which the applicant for a grading or 24
	228	+	sediment control permit has executed a binding maintenance agreement of at least 5 years 25
	229	+	with the affected property owner; [and] 26
228	230
229		-	(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS
230		-	PERMANENTLY PROTECTE D FOR EACH ACRE REMO VED;
	231	+	(13) Maintenance or retrofitting of a stormwater management structure 27
	232	+	that may include clearing of vegetation or removal and trimming of trees, so long as the 28
	233	+	maintenance or retrofitting is within the original limits of disturbance for construction of 29
	234	+	the existing structure, or within any maintenance easement for access to the structure; 30
231	235
232		-	(16) THE CONSTRUCTION OF A NEW FEDERAL GOVERNME NT FACILITY
233		-	PROJECTED TO HOUSE T HE EMPLOYMENT OF AT LEAST 2,500 PERSONS; AND
	236	+	(14) FOREST MANAGEMENT ; 31
234	237
235		-	(17) ~~THE CONSTRUCTION OF M ULTIFAMILY HOUSING~~ , ~~CONSISTING OF~~
236		-	~~A SINGLE STRUCTURE C ONTAINING AT LEAST 25 DWELLING UNITS~~ , PROVIDED THAT
237		-	~~THE AREA OF FOREST R EMOVED~~ SHALL BE : ~~Ch. 542~~ ~~2023 LAWS OF MARYLAND~~
	238	+	(15) TRANSIT–ORIENTED DEVELOPMENT , AS DEFINED UNDER § 7–101 32
	239	+	OF THE TRANSPORTATION ARTICLE, PROVIDED THAT THE AR EA OF FOREST 33
	240	+	REMOVED SHALL BE : 34 6 SENATE BILL 526
238	241
239		-	– 6 –
240	242
241		-	(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE
242		-	REPLANTED FOR EACH A CRE REMOVED ; OR
243	243
244		-	(II) ~~MITIGATED IN~~ A ~~MANNER IN WHICH~~ 1/2 ACRE ~~OF FOREST IS~~
245		-	~~PERMANENTLY PROTECTE D~~ FOR EACH ~~ACRE REMO VED.~~
	244	+	(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE 1
	245	+	REPLANTED FOR EACH A CRE REMOVED ; OR 2
246	246
247		-	5–1603.
	247	+	(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS 3
	248	+	PERMANENTLY PROTECTE D FOR EACH ACRE REMOVED ; 4
248	249
249		-	(a) ~~(1)~~ A ~~unit of local government having planning and zoning authority shall~~
250		-	~~develop a local forest conservation program[~~, ~~consistent]:~~
	250	+	(16) THE CONSTRUCTION OF A NEW FEDERAL GOVERNME NT FACILITY 5
	251	+	PROJECTED TO HOUSE T HE EMPLOYMENT OF AT LEAST 2,500 PERSONS; AND 6
251	252
252		-	(I) CONSISTENT with the intent, requirements, and standards of
253		-	this subtitle; AND
	253	+	(17) THE CONSTRUCTION OF M ULTIFAMILY HOUSING , CONSISTING OF 7
	254	+	A SINGLE STRUCTURE C ONTAINING AT LEAST 25 DWELLING UNITS, PROVIDED THAT 8
	255	+	THE AREA OF FOREST R EMOVED SHALL BE : 9
254	256
255		-	(II) ~~AFFORDING DUE CONSIDE RATION TO THE POLICY GOALS~~
256		-	~~ESTABLISHED UNDER :~~
	257	+	(I) REFORESTED AT A RATIO OF AT LEAST 1/4 ACRE 10
	258	+	REPLANTED FOR EACH A CRE REMOVED ; OR 11
257	259
258		-	1~~. TITLE 5, SUBTITLE 7A~~ OF ~~THE STATE FINANCE AND~~
259		-	~~PROCUREMENT ARTICLE;~~ ~~AND~~
	260	+	(II) MITIGATED IN A MANNER IN WHICH 1/2 ACRE OF FOREST IS 12
	261	+	PERMANENTLY PROTECTE D FOR EACH ACRE REMO VED. 13
260	262
261		-	2. THE PLANS ADOPTED UND ER TITLE 1, SUBTITLE 4
262		-	AND TITLE 3 OF THE LAND USE ARTICLE.
	263	+	5–1603. 14
263	264
264		-	(c) (~~3) (ii~~) A local ~~forest conservation program,~~ ~~when approved by the~~
265		-	~~Department~~, ~~may~~:
	265	+	(a) (1) A unit of local government having planning and zoning authority shall 15
	266	+	develop a local forest conservation program[, consistent]: 16
266	267
267		-	1. Allow clustering and other innovative land use techniques
268		-	that protect and establish forests where open space is preserved, sensitive areas are
269		-	protected, and development is physically concentrated; and
	268	+	(I) CONSISTENT with the intent, requirements, and standards of 17
	269	+	this subtitle; AND 18
270	270
271		-	2. [Waive] PROVIDE FOR THE WAIVE R OR MODIFICATION
272		-	OF the requirements of this subtitle for previously developed areas covered by impervious
273		-	surface and located in priority funding areas at the time of the application for subdivision
274		-	plan, grading, or sediment control permit approval.
	271	+	(II) AFFORDING DUE CONSIDERATION TO THE POLICY GOALS 19
	272	+	ESTABLISHED UNDER : 20
275	273
276		-	5–1605.
	274	+	1. TITLE 5, SUBTITLE 7A OF THE STATE FINANCE AND 21
	275	+	PROCUREMENT ARTICLE; AND 22
277	276
278		-	~~(d) (1) AT LEAST 20 DAYS BEFORE APPROVAL OF~~ THE ~~FOREST~~
279		-	~~CONSERVATION PLAN ,~~ THE ~~DEPARTMENT OR LOCAL A UTHORITY SHALL :~~
	277	+	2. THE PLANS ADOPTED UND ER TITLE 1, SUBTITLE 4 23
	278	+	AND TITLE 3 OF THE LAND USE ARTICLE. 24
280	279
281		-	(I) PROVIDE NOTICE THAT I S CONSISTENT WITH LO CAL
282		-	AUTHORITY NOTICE REQ UIREMENTS TO ALL PRO PERTY OWNERS ABUTTIN G AND
283		-	ADJACENT TO THE BOUN DARY OF THE SU BJECT PROPERTY OF AN Y PROPOSED WES MOORE, Governor Ch. 542
	280	+	(c) (3) (ii) A local forest conservation program, when approved by the 25
	281	+	Department, may: 26
284	282
285		-	– 7 –
286		-	CLEARING OF A PRIORI TY RETENTION AREA AS DESCRIBED IN § 5–1607(C) OF THIS
287		-	SUBTITLE; AND
	283	+	1. Allow clustering and other innovative land use techniques 27
	284	+	that protect and establish forests where open space is preserved, sensitive areas are 28
	285	+	protected, and development is physically concentrated; and 29
	286	+	SENATE BILL 526 7
288	287
289		-	(II) 1. ON A NET TRACT AREA O F AT LEAST 5 ACRES AND IF
290		-	AT LEAST 75% OF THE PRIORITY RETE NTION AREA IS PROPOS ED TO BE CLEARED ,
291		-	PROVIDE AN OPPORTUNITY FOR W RITTEN AND VERBAL CO MMENT BEFORE PLAN
292		-	APPROVAL; OR
293	288
294		-	2. FOR ANY OTHER PROJECT WHERE PRIORITY
295		-	RETENTION AREA IS PR OPOSED FOR CLEARING , PROVIDE AN OPPORTUNI TY FOR
296		-	PUBLIC WRITTEN COMME NT BEFORE PLAN APPRO VAL.
	289	+	2. [Waive] PROVIDE FOR THE WAIVE R OR MODIFICATION 1
	290	+	OF the requirements of this subtitle for previously developed areas covered by impervious 2
	291	+	surface and located in priority funding areas at the time of the application for subdivision 3
	292	+	plan, grading, or sediment control permit approval. 4
297	293
298		-	(2) PROPERTY SEPARATED FROM THE SUBJECT PRO PERTY BY A
299		-	PUBLIC RIGHT–OF–WAY SHALL BE CONSIDE RED ABUTTING AND ADJ ACENT.
	294	+	5–1605. 5
300	295
301		-	(3) (I) Within 45 days from receipt of the forest conservation plan, the
302		-	Department or local authority shall notify the applicant whether the forest conservation
303		-	plan is complete.
	296	+	(d) (1) AT LEAST 20 DAYS BEFORE APPROVAL OF THE FOREST 6
	297	+	CONSERVATION PLAN , THE DEPARTMENT OR LOCAL A UTHORITY SHALL : 7
304	298
305		-	(II) If the Department or local authority fails to notify the applicant
306		-	about the forest conservation plan within 45 days, the plan shall be treated as complete
307		-	and approved.
	299	+	(I) PROVIDE NOTICE THAT I S CONSISTENT WITH LO CAL 8
	300	+	AUTHORITY NOTICE REQ UIREMENT S TO ALL PROPERTY OW NERS ABUTTING AND 9
	301	+	ADJACENT TO THE BOUN DARY OF THE SUBJECT PROPERTY OF ANY PROP OSED 10
	302	+	CLEARING OF A PRIORI TY RETENTION AREA AS DESCRIBED IN § 5–1607(C) OF THIS 11
	303	+	SUBTITLE; AND 12
308	304
309		-	(III) The Department or local authority may require further
310		-	information or provide for an extension of this deadline for an additional 15 days for
311		-	extenuating circumstances.
	305	+	(II) 1. ON A NET TRACT AREA O F AT LEAST 5 ACRES AND IF 13
	306	+	AT LEAST 75% OF THE PRIORITY RETE NTION AREA IS PROPOS ED TO BE CLEARED , 14
	307	+	PROVIDE AN OPPORTUNI TY FOR WRITTEN AND V ERBAL COMMENT BEFORE PLAN 15
	308	+	APPROVAL; OR 16
312	309
313		-	(IV) In addition, at the request of the applicant, the State or local
314		-	authority may extend this deadline for extenuating circumstances.
	310	+	2. FOR ANY OTHER PROJECT WHERE PRIORITY 17
	311	+	RETENTION AREA IS PR OPOSED FOR CLEARING , PROVIDE AN OPPORTUNI TY FOR 18
	312	+	PUBLIC WRITTEN COMME NT BEFORE PLAN APPRO VAL. 19
315	313
316		-	(4) (I) A PERSON PETITIONING F OR JUDICIAL REVIEW O F AN
317		-	APPROVED FOREST CONS ERVATION PLAN SHALL FILE THE PETITION IN
318		-	ACCORDANCE WITH THE MARYLAND RULES NOT LATER THAN 30 DAYS AFTER
319		-	APPROVAL OF THE FORE ST CONSERVATION PLAN .
	314	+	(2) PROPERTY SEPARATED FR OM THE SUBJECT PROPE RTY BY A 20
	315	+	PUBLIC RIGHT–OF–WAY SHALL BE CONSIDE RED ABUTTING AND ADJ ACENT. 21
320	316
321		-	(II) ANY JUDICIAL REVIEW O F A FOREST CONSERVAT ION PLAN
322		-	SHALL BE:
	317	+	(3) (I) Within 45 days from receipt of the forest conservation plan, the 22
	318	+	Department or local authority shall notify the applicant whether the forest conservation 23
	319	+	plan is complete. 24
323	320
324		-	1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND
325		-	RULES; AND
	321	+	(II) If the Department or local authority fails to notify the applicant 25
	322	+	about the forest conservation plan within 45 days, the plan shall be treated as complete 26
	323	+	and approved. 27
326	324
327		-	~~2. LIMITED TO~~ THE ~~RECORD COMPILED BY THE~~
328		-	~~DEPARTMENT~~ OR ~~THE LOC AL AUTHORITY.~~
329		-	~~Ch.~~ ~~542 2023 LAWS OF MARYLAND~~
	325	+	(III) The Department or local authority may require further 28
	326	+	information or provide for an extension of this deadline for an additional 15 days for 29
	327	+	extenuating circumstances. 30
330	328
331		-	~~– 8 –~~
332		-	~~5–1606~~.
	329	+	(IV) In addition, at the request of the applicant, the State or local 31
	330	+	authority may extend this deadline for extenuating circumstances. 32
333	331
334		-	(a) (1) ~~For the following land use categories,~~ ~~tracts having less than 20%~~ ~~of the~~
335		-	~~net tract area~~ in ~~forest cover shall be afforested up to 20%~~ ~~of the net tract area:~~
	332	+	(4) (I) A PERSON PETITIONING F OR JUDICIAL REVIEW O F AN 33
	333	+	APPROVED FOREST CONS ERVATION PLAN SHALL FILE THE PETITION IN 34 8 SENATE BILL 526
336	334
337		-	(i) Agriculture and resource areas; and
338	335
339		-	(ii) Medium density residential areas.
	336	+	ACCORDANCE WITH THE MARYLAND RULES NOT LATER THAN 30 DAYS AFTER 1
	337	+	APPROVAL OF THE FORE ST CONSERVATION PLAN . 2
340	338
341		-	(2) ~~For the following land use categories,~~ ~~tracts having less than 15%~~ ~~of the~~
342		-	~~net tract area in forest cover~~ shall be ~~afforested up to 15% of the net tract area~~:
	339	+	(II) ANY JUDICIAL REVIEW O F A FOREST CONSERVAT ION PLAN 3
	340	+	SHALL BE: 4
343	341
344		-	(i) Institutional development areas;
	342	+	1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND 5
	343	+	RULES; AND 6
345	344
346		-	(ii) High density residential areas;
	345	+	2. LIMITED TO THE RECORD COMPILED BY THE 7
	346	+	DEPARTMENT OR THE LOC AL AUTHOR ITY. 8
347	347
348		-	~~(iii) Mixed use and planned unit development areas; and~~
	348	+	5–1606. 9
349	349
350		-	(iv) Commercial and industrial use areas.
	350	+	(a) (1) For the following land use categories, tracts having less than 20% of the 10
	351	+	net tract area in forest cover shall be afforested up to 20% of the net tract area: 11
351	352
352		-	(3) Afforestation requirements must conform to the conditions in §§ 5–1607
353		-	and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if
354		-	afforestation on–site or off–site cannot be reasonably accomplished.
	353	+	(i) Agriculture and resource areas; and 12
355	354
356		-	(4) (i) The afforestation requirements under this subsection shall be
357		-	accomplished within 1 year or 2 growing seasons after the completion of the development
358		-	project.
	355	+	(ii) Medium density residential areas. 13
359	356
360		-	(ii) If afforestation cannot be reasonably accomplished on–site or
361		-	off–site, the requirement to contribute money to a Forest Conservation Fund under §
362		-	5–1610 of this subtitle shall be met within 90 days after the completion of the development
363		-	project.
	357	+	(2) For the following land use categories, tracts having less than 15% of the 14
	358	+	net tract area in forest cover shall be afforested up to 15% of the net tract area: 15
364	359
365		-	(5) Linear projects that involve no change in land use may not be subject
366		-	to afforestation requirements.
	360	+	(i) Institutional development areas; 16
367	361
368		-	(6) SOLAR PHOTOVOLTAIC FA CILITIES MAY NOT BE SUBJECT TO
369		-	AFFORESTATION REQUIR EMENTS UNDER THIS SU BTITLE.
	362	+	(ii) High density residential areas; 17
370	363
371		-	(b) There is a forest conservation threshold established for all land use categories
372		-	as provided in subsection (c) of this section. The forest conservation threshold means the
373		-	percentage of the net tract area at which the reforestation requirement changes from a
374		-	ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1
375		-	acre removed.
376		-	WES MOORE, Governor Ch. 542
	364	+	(iii) Mixed use and planned unit development areas; and 18
377	365
378		-	– 9 –
379		-	(c) After every reasonable effort to minimize the cutting or clearing of trees and
380		-	other woody plants is exhausted in the development of a subdivision plan and grading and
381		-	sediment control activities and implementation of the forest conservation plan, the forest
382		-	conservation plan shall provide for reforestation, or payment into the Forest Conservation
383		-	Fund, according to the formula set forth in subsection (b) of this section and consistent with
384		-	the following forest conservation thresholds for the applicable land use category:
	366	+	(iv) Commercial and industrial use areas. 19
385	367
386		-	(1) Agricultural and resource areas: 50% of net tract area;
	368	+	(3) Afforestation requirements must conform to the conditions in §§ 5–1607 20
	369	+	and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if 21
	370	+	afforestation on–site or off–site cannot be reasonably accomplished. 22
387	371
388		-	(2) Medium density residential areas: 25% of net tract area;
	372	+	(4) (i) The afforestation requirements under this subsection shall be 23
	373	+	accomplished within 1 year or 2 growing seasons after the completion of the development 24
	374	+	project. 25
389	375
390		-	(3) Institutional development areas: 20% of net tract area;
	376	+	(ii) If afforestation cannot be reasonably accomplished on–site or 26
	377	+	off–site, the requirement to contribute money to a Forest Conservation Fund under § 27
	378	+	5–1610 of this subtitle shall be met within 90 days after the completion of the development 28
	379	+	project. 29
	380	+	SENATE BILL 526 9
391	381
392		-	(4) High density residential areas: 20% of net tract area;
393	382
394		-	(5) ~~Mixed~~ use ~~and planned unit development areas:~~ ~~15% of net tract area;~~
395		-	~~and~~
	383	+	(5) Linear projects that involve no change in land use may not be subject 1
	384	+	to afforestation requirements. 2
396	385
397		-	(6) Commercial and industrial use areas: 15% of net tract area.
	386	+	(6) SOLAR PHOTOVOLTAIC FA CILITIES MAY NOT BE SUBJECT TO 3
	387	+	AFFORESTATION REQUIR EMENTS UNDER THIS SU BTITLE. 4
398	388
399		-	(d) (1) Subject to the provisions of paragraph (2) of this subsection § 5–1606.1
400		-	OF THIS SUBTITLE:
	389	+	(b) There is a forest conservation threshold established for all land use categories 5
	390	+	as provided in subsection (c) of this section. The forest conservation threshold means the 6
	391	+	percentage of the net tract area at which the reforestation requirement changes from a 7
	392	+	ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1 8
	393	+	acre removed. 9
401	394
402		-	(I) EXCEPT AS PROVIDED IN ITEM (II) OF THIS PARAGRAPH , for
403		-	all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area
404		-	above the applicable forest conservation threshold, the area of forest removed shall be
405		-	reforested at a ratio of 1/4 1 acre planted for every 1 acre removed. REMOVED; AND
	395	+	(c) After every reasonable effort to minimize the cutting or clearing of trees and 10
	396	+	other woody plants is exhausted in the development of a subdivision plan and grading and 11
	397	+	sediment control activities and implementation of the forest conservation plan, the forest 12
	398	+	conservation plan shall provide for reforestation, or payment into the Forest Conservation 13
	399	+	Fund, according to the formula set forth in subsection (b) of this section and consistent with 14
	400	+	the following forest conservation thresholds for the applicable land use category: 15
406	401
407		-	(II) FOR ALL EXISTING FORE ST COVER LOCATED IN A PRIORITY
408		-	FUNDING AREA DESIGNA TED UNDER § 5–7B–03 OF THE STATE FINANCE AND
409		-	PROCUREMENT ARTICLE, AND NOT IDENTIFIED A S A PRIORITY FOR RET ENTION AS
410		-	DESCRIBED IN § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10
411		-	ACRE CLEARED ON THE NET TRACT AREA , THE AREA OF FOREST R EMOVED SHALL
412		-	BE REFORESTED AT A R ATIO OF 1/2 ACRE PLANTE D FOR EVERY 1 ACRE REMOVED .
	402	+	(1) Agricultural and resource areas: 50% of net tract area; 16
413	403
414		-	(2) UPON MEETING THE REFO RESTATION AND AFFORE STATION
415		-	REQUIREMENTS IN THIS SECTION, ALL UNFORESTED RIPAR IAN BUFFERS ON SITE
416		-	SHALL BE AFFORESTED AND REFORESTED , UNLESS THE APPLICANT
417		-	DEMONSTRATES TO THE DEPARTMENT OR THE LOC AL AUTHORITY THAT
418		-	AFFORESTATION IN THE RIPARIAN BUFFER :
	404	+	(2) Medium density residential areas: 25% of net tract area; 17
419	405
420		-	(I) WOULD BE IN CONFLICT WITH ALLOWABLE USES AS
421		-	ESTABLISHED FOR THE RIPARIAN BUFFER ;
422		-	Ch. 542 2023 LAWS OF MARYLAND
	406	+	(3) Institutional development areas: 20% of net tract area; 18
423	407
424		-	– 10 –
425		-	(II) IS LOCATED ON PARK PR OPERTY AND CONFLICTS WITH THE
426		-	MISSION AND ESTABLIS HED STEWARDSHIP PRAC TICES OF THE PARK; OR
	408	+	(4) High density residential areas: 20% of net tract area; 19
427	409
428		-	(III) IS NOT SUITABLE FOR T HE ESTABLISHMENT AND
429		-	RETENTION OF THE REQ UIRED PLANTING MATER IALS, IN WHICH CASE SUBSTI TUTE
430		-	ENVIRONMENTAL PROTEC TION MEASURES MUST B E IMPLEMENTED .
	410	+	(5) Mixed use and planned unit development areas: 15% of net tract area; 20
	411	+	and 21
431	412
432		-	(2) Each acre of forest retained on the net tract area above the applicable
433		-	forest conservation threshold shall be credited against the total number of acres required
434		-	to be reforested under paragraph (1) of this subsection.
	413	+	(6) Commercial and industrial use areas: 15% of net tract area. 22
435	414
436		-	(e) For all existing forest cover measured to the nearest 1/10 acre cleared on the
437		-	net tract area below the applicable forest conservation threshold, the area of forest removed
438		-	shall be reforested at a ratio of 2 acres planted for every 1 acre removed.
	415	+	(d) (1) Subject to the provisions of paragraph (2) of this subsection § 5–1606.1 23
	416	+	OF THIS SUBTITLE: 24
439	417
440		-	(f) (C) (1) The reforestation requirements under this section shall be
441		-	accomplished within 1 year or 2 growing seasons after completion of the development
442		-	project.
	418	+	(I) EXCEPT AS PROVIDED IN ITEM (II) OF THIS PARAGRAPH , for 25
	419	+	all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area 26
	420	+	above the applicable forest conservation threshold, the area of forest removed shall be 27
	421	+	reforested at a ratio of 1/4 1 acre planted for every 1 acre removed. REMOVED; AND 28
443	422
444		-	(2) If reforestation cannot be reasonably accomplished on–site or off–site,
445		-	the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this
446		-	subtitle shall be met within 90 days after completion of the development project.
	423	+	(II) FOR ALL EXISTING FORE ST COVER LOCATED IN A PRIORITY 29
	424	+	FUNDING AREA DESIGNATED UNDER § 5–7B–03 OF THE STATE FINANCE AND 30
	425	+	PROCUREMENT ARTICLE, AND NOT IDENTIFIED A S A PRIORITY FOR RET ENTION AS 31
	426	+	DESCRIBED IN § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10 32
	427	+	ACRE CLEARED ON THE NET TRACT AREA , THE AREA OF FOREST R EMOVED SHALL 33
	428	+	BE REFORESTED AT A R ATIO OF 1/2 ACRE PLANTED FOR EVE RY 1 ACRE REMOVED . 34 10 SENATE BILL 526
447	429
448		-	(g) (D) A EXCEPT AS PROVIDED IN SUBSECTION (A)(6) OF THIS SECTION,
449		-	A unit of local government with planning and zoning authority may adopt forest
450		-	conservation thresholds and afforestation and reforestation requirements as part of its local
451		-	forest conservation program that are more stringent than the forest conservation
452		-	thresholds and afforestation and reforestation requirements in this section.
453	430
454		-	(H) ANY REFORESTATION REQ UIREMENTS UNDER THIS SUBTITLE SHALL BE
455		-	CALCULATED UNDER § 5–1606.1 OF THIS SUBTITLE INS TEAD OF THIS SECTION IF
456		-	THE ACREAGE OF REQUI RED REFORESTATION IS GREATER AS CALCULATE D UNDER
457		-	§ 5–1606.1 OF THIS SUBTITLE THA N IS THE CASE AS CAL CULATED UNDER THIS
458		-	SECTION.
459	431
460		-	5–1606.1.
	432	+	(2) UPON MEETING THE REFO RESTATION AND AFFORE STATION 1
	433	+	REQUIREMENTS IN THIS SECTION, ALL UNFORESTED RIPAR IAN BUFFERS ON SITE 2
	434	+	SHALL BE AFFORESTED AND REFORESTED , UNLESS THE APPL ICANT 3
	435	+	DEMONSTRATES TO THE DEPARTMENT OR THE LOC AL AUTHORITY THAT 4
	436	+	AFFORESTATION IN THE RIPARIAN BUFFER : 5
461	437
462		-	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
463		-	FOR ALL EXISTING FOR EST COVER MEASURED T O THE NEAREST 1/10 ACRE CLEARED
464		-	ON A SITE, THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A RATIO OF 1
465		-	ACRE PLANTED FOR EVE RY 1 ACRE CLEARED .
	438	+	(I) WOULD BE IN CONFLICT WITH ALLOWABLE USES AS 6
	439	+	ESTABLISHED FOR THE RIPARIAN BUFFER ; 7
466	440
467		-	(2) ~~FOR ALL EXISTING PRIORIT Y FOREST COVER , AS DESCRIBED~~
468		-	~~UNDER § 5–1607(C)~~ OF ~~THIS SUBTITLE , MEASURED TO~~ THE ~~NEAR EST 1/10 ACRE WES MOORE, Governor Ch. 542~~
	441	+	(II) IS LOCATED ON PARK PR OPERTY AND CONFLICTS WITH THE 8
	442	+	MISSION AND ESTABLISHED STEWARDSHIP PRACTICE S OF THE PARK; OR 9
469	443
470		-	~~– 11 –~~
471		-	~~CLEARED ON A SITE ,~~ THE ~~AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A~~
472		-	~~RATIO OF 2 ACRES PLANTED FOR EV ERY 1 ACRE CLEARED~~ .
	444	+	(III) IS NOT SUITABLE FOR T HE ESTABLISHMENT AND 10
	445	+	RETENTION OF THE REQ UIRED PLANTING MATER IALS, IN WHICH CASE SUBSTI TUTE 11
	446	+	ENVIRONMENTAL PROTEC TION MEASURES MUST B E IMPLEMENTED . 12
473	447
474		-	(B) (A) (1) A LOCAL JURISDICTION M AY PROPOSE , AND THE
475		-	DEPARTMENT MAY APPROV E, ALTERNATIVE AFFOREST ATION, REFORESTATION ,
476		-	AND PRESERVATION REQ UIREMENTS THAT ARE E XPECTED TO RESULT IN THE
477		-	LOCAL PROGRAM AT A M INIMUM MAINTAINING I TS EXISTING LEVEL OF FOREST
478		-	COVER OVER A 2–YEAR 4–YEAR PERIOD.
	448	+	(2) Each acre of forest retained on the net tract area above the applicable 13
	449	+	forest conservation threshold shall be credited against the total number of acres required 14
	450	+	to be reforested under paragraph (1) of this subsection. 15
479	451
480		-	(2) IF THE DEPARTMENT FINDS THAT THE PROPOSED ALTERNA TIVE
481		-	AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE NOT
482		-	EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE LEVEL OF FOREST
483		-	COVER, THE DEPARTMENT SHALL :
	452	+	(e) For all existing forest cover measured to the nearest 1/10 acre cleared on the 16
	453	+	net tract area below the applicable forest conservation threshold, the area of forest removed 17
	454	+	shall be reforested at a ratio of 2 acres planted for every 1 acre removed. 18
484	455
485		-	(I) REJECT THE PROPOSED A LTERNATIVE AFFORESTA TION,
486		-	REFORESTATION , AND PRESERVATION REQ UIREMENTS; AND
	456	+	(f) (C) (1) The reforestation requirements under this section shall be 19
	457	+	accomplished within 1 year or 2 growing seasons after completion of the development 20
	458	+	project. 21
487	459
488		-	(II) PROVIDE THE LOCAL JUR ISDICTION WITH WRITT EN NOTICE
489		-	OF THE ELEMENTS OF T HE PROPOSAL THAT NEE D TO BE REVISED.
	460	+	(2) If reforestation cannot be reasonably accomplished on–site or off–site, 22
	461	+	the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this 23
	462	+	subtitle shall be met within 90 days after completion of the development project. 24
490	463
491		-	(3) IN DETERMINING WHETHE R PROPOSED ALT ERNATIVE
492		-	AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE
493		-	EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE EXISTING LEVEL OF
494		-	FOREST COVER , THE DEPARTMENT SHALL CONSIDER:
	464	+	(g) (D) A EXCEPT AS PROVIDED IN SUBSECTION (A)(6) OF THIS SECTION, 25
	465	+	A unit of local government with planning and zoning authority may adopt forest 26
	466	+	conservation thresholds and afforestation and reforestation requirements as part of its local 27
	467	+	forest conservation program that are more stringent than the forest conservation 28
	468	+	thresholds and afforestation and reforestation requirements in this section. 29
495	469
496		-	(I) CONSIDER CREDITS GENERATED UN DER § 5–1607(B)(3) OF
497		-	THIS SUBTITLE TO BE FOREST ACREAGE;
	470	+	(H) ANY REFORESTATION REQ UIREMENTS UNDER THIS SUBTITLE SHALL BE 30
	471	+	CALCULATED UNDER § 5–1606.1 OF THIS SUBTITLE INS TEAD OF THIS SECTION IF 31
	472	+	THE ACREAGE OF REQUI RED REFORESTATION IS GREATER AS CALCULATE D UNDER 32
	473	+	§ 5–1606.1 OF THIS SUBTITLE THA N IS THE CASE A S CALCULATED UNDER T HIS 33
	474	+	SECTION. 34
	475	+	SENATE BILL 526 11
498	476
499		-	(II) BASE ITS DETERMINATIO N ON THE LOCAL ANNUA L
500		-	REPORTS REQUIRED UND ER § 5–1613 OF THIS SUBTITLE; AND
501	477
502		-	~~(III) EXCLUDE THE EFFECT OF A PROJECT:~~
	478	+	5–1606.1. 1
503	479
504		-	1. APPROVED BEFORE JULY 1, 2024; OR
	480	+	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 2
	481	+	FOR ALL EXISTING FOR EST COVER MEASURED T O THE NEAREST 1/10 ACRE CLEARED 3
	482	+	ON A SITE, THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A RATIO OF 1 4
	483	+	ACRE PLANTED FOR EVE RY 1 ACRE CLEARED . 5
505	484
506		-	2. DESCRIBED IN § 5–1602(B) OF THIS SUBTITLE.
	485	+	(2) FOR ALL EXISTING PRIO RITY FOREST COVER , AS DESCRIBED 6
	486	+	UNDER § 5–1607(C) OF THIS SUBTITLE , MEASURED TO THE NEAR EST 1/10 ACRE 7
	487	+	CLEARED ON A SITE , THE AREA OF FOREST C LEARED SHALL BE REFO RESTED AT A 8
	488	+	RATIO OF 2 ACRES PLANTED FOR EVERY 1 ACRE CLEARED . 9
507	489
508		-	(4) THE ~~ON OR BEFORE DECEMBER 31, 2028, THE DEPARTMENT~~
509		-	~~SHALL RESCIND APPROVAL PROVIDE WRITTEN NOTI CE REQUIRING MODIFIC~~ ATION
510		-	~~OF ALTERNATIVE AFFOR ESTATION, REFORESTATION ,~~ AND PRESERVATION
511		-	~~REQUIREMENTS IF THE~~ LOCAL PROGRAM ~~DOES N OT MAINTAIN:~~
512		-	Ch. ~~542 2023 LAWS OF MARYLAND~~
	490	+	(B) (A) (1) A LOCAL JURISDICTION M AY PROPOSE , AND THE 10
	491	+	DEPARTMENT MAY APPROV E, ALTERNATIVE AFFOREST ATION, REFORESTATION , 11
	492	+	AND PRESERVATION REQ UIREMENTS THAT ARE E XPECTED TO RESULT IN THE 12
	493	+	LOCAL PROGRAM AT A M INIMUM MAINTAI NING ITS EXISTING LE VEL OF FOREST 13
	494	+	COVER OVER A 2–YEAR 4–YEAR PERIOD. 14
513	495
514		-	~~– 12 –~~
515		-	~~(I) MAINTAIN OR EXPAND THE LOCAL JURISDICTI ON’S~~
516		-	BASELINE ~~EXISTING~~ LEVEL OF FOREST ~~COVE R OVER TWO CONSECUTI VE 2–YEAR~~
517		-	~~PERIODS; OR~~
	496	+	(2) IF THE DEPARTMENT FINDS THAT THE PROPOSED ALTERNA TIVE 15
	497	+	AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE NOT 16
	498	+	EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE LEVEL OF FOREST 17
	499	+	COVER, THE DEPARTMENT SHALL : 18
518	500
519		-	(II) ~~SUBMIT~~ THE ~~LOCAL ANNU AL REPORTS REQUIRED UNDER §~~
520		-	~~5–1613 OF THIS SUBTITLE .~~
	501	+	(I) REJECT THE PROPOSED A LTERNATIVE AFFORESTA TION, 19
	502	+	REFORESTATION , AND PRESERVATION REQ UIREMENTS; AND 20
521	503
522		-	(5) ON OR AFTER JANUARY 1, 2029, THE DEPARTMENT MAY RESCIN D
523		-	APPROVAL OF ALTERNAT IVE AFFORESTATION , REFORESTATION , AND
524		-	PRESERVATION REQUIRE MENTS IF THE LOCAL P ROGRAM DOES NOT MEET A
525		-	CONDITION SPECIFIED UNDER PARAGRAPH (4)(I) OR (II) OF THIS SUBSECTION .
	504	+	(II) PROVIDE THE LOCAL JUR ISDICTION WITH WRITT EN NOTICE 21
	505	+	OF THE ELEMENTS OF T HE PROPOSAL THAT NEE D TO BE REVISED. 22
526	506
527		-	5–1607.
	507	+	(3) IN DETERMINING WHETHE R PROPOSED ALTERNATI VE 23
	508	+	AFFORESTATION , REFORESTATION , AND PRESERVATION REQ UIREMENTS ARE 24
	509	+	EXPECTED TO MAINTAIN THE LOCAL JURISDICTI ON’S BASELINE EXISTING LEVEL OF 25
	510	+	FOREST COVER , THE DEPARTMENT SHALL CONSIDER: 26
528	511
529		-	(a) The preferred sequence for afforestation and reforestation shall be established
530		-	by the State or local authority in accordance with the following after all techniques for
531		-	retaining existing forest cover on–site have been exhausted:
	512	+	(I) CONSIDER CREDITS GENERATED UN DER § 5–1607(B)(3) OF 27
	513	+	THIS SUBTITLE TO BE FOREST ACREAGE ; 28
532	514
533		-	(1) ~~Those techniques that enhance existing forest and involve selective~~
534		-	~~clearing or supplemental planting on~~–~~site~~;
	515	+	(II) BASE ITS DETERMINATIO N ON THE LOCAL ANNUA L 29
	516	+	REPORTS REQUIRED UND ER § 5–1613 OF THIS SUBTITLE; AND 30
535	517
536		-	(2) On–site afforestation or reforestation may be utilized where the
537		-	retention options have been exhausted. In those cases, the method shall be selected in
538		-	accordance with subsection (b) of this section, and the location shall be selected in
539		-	accordance with subsection (d) of this section;
	518	+	(III) EXCLUDE THE EFFECT OF A PROJECT: 31
540	519
541		-	(3) (i) Off–site afforestation or reforestation in the same watershed or
542		-	in accordance with an approved master plan may be utilized where the applicant has
543		-	demonstrated that no reasonable on–site alternative exists, or where:
	520	+	1. APPROVED BEFORE JULY 1, 2024; OR 32
	521	+	12 SENATE BILL 526
544	522
545		-	1. Any on–site priority areas for afforestation or
546		-	reforestation have been planted in accordance with subsection (d) of this section; and
547	523
548		-	2. The applicant has justified to the satisfaction of the State
549		-	or local jurisdiction that environmental benefits associated with off–site afforestation or
550		-	reforestation would exceed those derived from on–site planting;
	524	+	2. DESCRIBED IN § 5–1602(B) OF THIS SUBTITLE. 1
551	525
552		-	(ii) In these cases, the method shall be selected in accordance with
553		-	subsection (b) of this section, and the location shall be selected in accordance with
554		-	subsection (d) of this section; and
	526	+	(4) THE ON OR BEFORE DECEMBER 31, 2028, THE DEPARTMENT 2
	527	+	SHALL RESCIND APPROVAL PROVIDE WRITTEN NOTI CE REQUIRING MODIFIC ATION 3
	528	+	OF ALTERNATIVE AFFOR ESTATION, REFORESTATION , AND PRESERVATION 4
	529	+	REQUIREMENTS IF THE LOCAL PROGRAM DOES N OT MAINTAIN: 5
555	530
556		-	(iii) Off–site afforestation or reforestation may include the use of
557		-	forest mitigation banks which have been so designated in advance by the State or local
558		-	forest conservation program which is approved by the Department; and
559		-	WES MOORE, Governor Ch. 542
	531	+	(I) MAINTAIN OR EXPAND THE LOCAL JURISDICTI ON’S 6
	532	+	BASELINE EXISTING LEVEL OF FOREST COVE R OVER TWO CONSECUTI VE 2–YEAR 7
	533	+	PERIODS; OR 8
560	534
561		-	– 13 –
562		-	(4) The State or local jurisdiction may allow an alternative sequence for a
563		-	specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans
564		-	or policies or to take advantage of opportunities to consolidate forest conservation efforts.
	535	+	(II) SUBMIT THE LOCAL ANNU AL REPORTS REQUIRED UNDER § 9
	536	+	5–1613 OF THIS SUBTITLE. 10
565	537
566		-	(b) Standards for meeting afforestation or reforestation requirements shall be
567		-	established by the State or local program using one or more of the following methods:
	538	+	(5) ON OR AFTER JANUARY 1, 2029, THE DEPARTMENT MAY RESCIN D 11
	539	+	APPROVAL OF ALTERNAT IVE AFFORESTATION , REFORESTATION , AND 12
	540	+	PRESERVATION REQUIRE MENTS IF THE LOCAL P ROGRAM DOES NOT MEET A 13
	541	+	CONDITION SPECIFIED UNDER PARAGRAPH (4)(I) OR (II) OF THIS SUBSECTION. 14
568	542
569		-	(1) Forest creation in accordance with a forest conservation plan using one
570		-	or more of the following:
	543	+	5–1607. 15
571	544
572		-	(i) Transplanted or nursery stock;
	545	+	(a) The preferred sequence for afforestation and reforestation shall be established 16
	546	+	by the State or local authority in accordance with the following after all techniques for 17
	547	+	retaining existing forest cover on–site have been exhausted: 18
573	548
574		-	(ii) Whip and seedling stock; or
	549	+	(1) Those techniques that enhance existing forest and involve selective 19
	550	+	clearing or supplemental planting on–site; 20
575	551
576		-	(iii) Natural regeneration where it can be shown to adequately meet
577		-	the objective of the forest conservation plan[.];
	552	+	(2) On–site afforestation or reforestation may be utilized where the 21
	553	+	retention options have been exhausted. In those cases, the method shall be selected in 22
	554	+	accordance with subsection (b) of this section, and the location shall be selected in 23
	555	+	accordance with subsection (d) of this section; 24
578	556
579		-	(2) [The] FOR A QUALIFIED PROJE CT, THE use of qualified conservation
580		-	completed in a forest mitigation bank TO MEET:
	557	+	(3) (i) Off–site afforestation or reforestation in the same watershed or 25
	558	+	in accordance with an approved master plan may be utilized where the applicant has 26
	559	+	demonstrated that no reasonable on–site alternative exists, or where: 27
581	560
582		-	(I) UP TO 50% OF THE AFFORESTATION OR REFORESTATION
583		-	REQUIREMENT, in which case, the afforestation or reforestation credit granted may not
584		-	exceed 50% of the forest area encumbered in perpetuity[.]; OR
	561	+	1. Any on–site priority areas for afforestation or 28
	562	+	reforestation have been planted in accordance with subsection (d) of this section; and 29
585	563
586		-	(II) IF, A LOCAL JURISDICTION PROPOSES, AND AFTER PUBLIC
587		-	COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUSTIFICAT ION FOR THE
588		-	INCREASE, UP TO 60% OF THE AFFORESTATION OR REFORESTATION REQ UIREMENT,
589		-	IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT GRAN TED MAY
590		-	NOT EXCEED 50% OF THE FOREST AREA E NCUMBERED IN PERPETU ITY;
	564	+	2. The applicant has justified to the satisfaction of the State 30
	565	+	or local jurisdiction that environmental benefits associated with off–site afforestation or 31
	566	+	reforestation would exceed those derived from on–site planting; 32
	567	+	SENATE BILL 526 13
591	568
592		-	(3) [The use of street trees in] IN a municipal corporation with a tree
593		-	management plan, in an existing population center designated in a county master plan that
594		-	has been adopted to conform with the Economic Growth, Resource Protection, and Planning
595		-	Act of 1992, or in any other designated area approved by the Department as part of a local
596		-	program, under criteria established by the local program, subject to the approval of the
597		-	Department, using:
598	569
599		-	(i) ~~[Street]~~ THE ~~PLANTING OF STREE T trees as a permissible step~~
600		-	in the ~~priority sequence for afforestation or reforestation and,~~ ~~based on a mature canopy~~
601		-	~~coverage, may grant full credit as a mitigation technique~~; [and]
	570	+	(ii) In these cases, the method shall be selected in accordance with 1
	571	+	subsection (b) of this section, and the location shall be selected in accordance with 2
	572	+	subsection (d) of this section; and 3
602	573
603		-	(ii) Acquisition as a mitigation technique of an off–site protective
604		-	easement for existing forested areas not currently protected in perpetuity, in which case
605		-	the afforestation or reforestation credit granted may not exceed 50% of the area of forest
606		-	cover protected[.]; Ch. 542 2023 LAWS OF MARYLAND
	574	+	(iii) Off–site afforestation or reforestation may include the use of 4
	575	+	forest mitigation banks which have been so designated in advance by the State or local 5
	576	+	forest conservation program which is approved by the Department; and 6
607	577
608		-	– 14 –
	578	+	(4) The State or local jurisdiction may allow an alternative sequence for a 7
	579	+	specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans 8
	580	+	or policies or to take advantage of opportunities to consolidate forest conservation efforts. 9
609	581
610		-	(III) THE RESTORATION OF ON– OR OFF–SITE DEGRADED
611		-	FOREST, INCLUDING SOIL AMENDMENT AND STABIL IZATION ENHANCEM ENT
612		-	WITHOUT GRADING , THE REMOVAL OF INVAS IVE SPECIES, WILDLIFE CONTROL , THE
613		-	ESTABLISHMENT IMPROVEMENT OF UNDERSTORY , AND NEW TREE PLANTIN GS, AS
614		-	APPROPRIATE , IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT
615		-	GRANTED MAY NOT EXCE ED 50% OF THE AREA OF F OREST RESTORED ; AND
	582	+	(b) Standards for meeting afforestation or reforestation requirements shall be 10
	583	+	established by the State or local program using one or more of the following methods: 11
616	584
617		-	(IV) THE ESTABLISHMENT OF PLANTED GREEN
618		-	INFRASTRUCTURE OR PLANTED ENVIRONMENTAL SITE D ESIGN PRACTICES BEYO ND
619		-	THE AMOUNT REQUIRED UNDER § 4–203 OF THE ENVIRONMENT ARTICLE MAY
620		-	GRANT FULL CREDIT AS A MITIGATION TECHNIQ UE; AND
	585	+	(1) Forest creation in accordance with a forest conservation plan using one 12
	586	+	or more of the following: 13
621	587
622		-	(4) When all other options, both on–site and off–site, have been exhausted,
623		-	landscaping as a mitigation technique, conducted under an approved landscaping plan that
624		-	establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area.
	588	+	(i) Transplanted or nursery stock; 14
625	589
626		-	(c) (1) The following trees, shrubs, plants, and specific areas shall be
627		-	considered priority for retention and protection, and they shall be left in an undisturbed
628		-	condition unless the applicant has demonstrated, to the satisfaction of the State or local
629		-	authority, that reasonable efforts have been made to protect them and the plan cannot
630		-	reasonably be altered:
	590	+	(ii) Whip and seedling stock; or 15
631	591
632		-	(i) Trees, shrubs, and plants located in sensitive areas including
633		-	100–year floodplains, intermittent [and] STREAMS AND THEIR BU FFERS OF AT LEAST
634		-	50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT
635		-	LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep
636		-	slopes, and critical habitats; [and]
	592	+	(iii) Natural regeneration where it can be shown to adequately meet 16
	593	+	the objective of the forest conservation plan[.]; 17
637	594
638		-	(ii) ~~Contiguous forest that connects~~ the ~~largest undeveloped or most~~
639		-	~~vegetated tracts of land within and adjacent~~ to ~~the site;~~ ~~AND~~
	595	+	(2) [The] FOR A QUALIFIED PROJE CT, THE use of qualified conservation 18
	596	+	completed in a forest mitigation bank TO MEET: 19
640	597
641		-	(III) TREES, SHRUBS, AND PLANTS FOREST SUITABLE FOR
642		-	FOREST INTERIOR –DWELLING SPECIES ;
	598	+	(I) UP TO 50% OF THE AFFORESTATION OR REFORESTATION 20
	599	+	REQUIREMENT , in which case, the afforestation or reforestation credit granted may not 21
	600	+	exceed 50% of the forest area encumbered in perpetuity[.]; OR 22
643	601
644		-	(IV) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY
645		-	WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ;
	602	+	(II) IF, A LOCAL JURISDICTION PROPOSES, AND AFTER PUBLIC 23
	603	+	COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUSTIFICATIO N FOR THE 24
	604	+	INCREASE, UP TO 60% OF THE AFFORESTATION OR REFORESTATION REQ UIREMENT, 25
	605	+	IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT GRAN TED MAY 26
	606	+	NOT EXCEED 50% OF THE FOREST AREA E NCUMBERED IN PER PETUITY; 27
646	607
647		-	(V) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION
648		-	ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS
649		-	IDENTIFIED BY A LOCA L JURISDICTION; AND
	608	+	(3) [The use of street trees in] IN a municipal corporation with a tree 28
	609	+	management plan, in an existing population center designated in a county master plan that 29
	610	+	has been adopted to conform with the Economic Growth, Resource Protection, and Planning 30
	611	+	Act of 1992, or in any other designated area approved by the Department as part of a local 31
	612	+	program, under criteria established by the local program, subject to the approval of the 32
	613	+	Department, using: 33
	614	+	14 SENATE BILL 526
650	615
651		-	(VI) FORESTS IN URBAN AREAS THAT ARE ESSENTIAL:
652		-	WES MOORE, Governor Ch. 542
653	616
654		-	– 15 –
655		-	1. AS DELINEATED IN THE PRIORITY URBAN FOREST
656		-	MAPPING INCLUDED IN THE STATE FOREST CONSERVATION TECHNICAL MANUAL
657		-	REQUIREMENTS ; OR
	617	+	(i) [Street] THE PLANTING OF STREE T trees as a permissible step 1
	618	+	in the priority sequence for afforestation or reforestation and, based on a mature canopy 2
	619	+	coverage, may grant full credit as a mitigation technique; [and] 3
658	620
659		-	2. THAT ARE MOST IMPORTA NT FOR PROVIDING
660		-	WILDLIFE HABITAT OR MITIGATING FLOODING , HIGH TEMPERATURES , OR AIR
661		-	POLLUTION.
	621	+	(ii) Acquisition as a mitigation technique of an off–site protective 4
	622	+	easement for existing forested areas not currently protected in perpetuity, in which case 5
	623	+	the afforestation or reforestation credit granted may not exceed 50% of the area of forest 6
	624	+	cover protected[.]; 7
662	625
663		-	(2) The following trees, shrubs, plants, and specific areas shall be
664		-	considered priority for retention and protection, and they shall be left in an undisturbed
665		-	condition unless the applicant has demonstrated, to the satisfaction of the State or local
666		-	authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle:
	626	+	(III) THE RESTORATION OF ON– OR OFF–SITE DEGRADED 8
	627	+	FOREST, INCLUDING SOIL AMENDMENT AND STABIL IZATION ENHANCEMENT 9
	628	+	WITHOUT GRADING , THE REMOVAL OF INVAS IVE SPECIES, WILDLIFE CONTROL , THE 10
	629	+	ESTABLISHMENT IMPROVEMENT OF UNDERSTORY , AND NEW TREE PLANTIN GS, AS 11
	630	+	APPROPRIATE , IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT 12
	631	+	GRANTED MAY NOT EXCE ED 50% OF THE AREA OF FORES T RESTORED; AND 13
667	632
668		-	(I) FOREST LAND SUITABLE FOR FOREST INTERIOR –DWELLING
669		-	SPECIES AND FOREST C ORRIDORS CONNECTING THESE FOREST PATCHES ;
	633	+	(IV) THE ESTABLISHMENT OF PLANTED GREEN 14
	634	+	INFRASTRUCTURE OR PLANTED ENVIRONMENTAL SITE D ESIGN PRACTICES BEYO ND 15
	635	+	THE AMOUNT REQUIRED UNDER § 4–203 OF THE ENVIRONMENT ARTICLE MAY 16
	636	+	GRANT FULL CREDIT AS A MITIGATION TECHNIQ UE; AND 17
670	637
671		-	(II) FOREST LAND LOCATED I N A TARGETED ECOLOGI CAL AREA
672		-	AS IDENTIFIED BY THE DEPARTMENT ;
	638	+	(4) When all other options, both on–site and off–site, have been exhausted, 18
	639	+	landscaping as a mitigation technique, conducted under an approved landscaping plan that 19
	640	+	establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area. 20
673	641
674		-	(III) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY
675		-	WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ;
	642	+	(c) (1) The following trees, shrubs, plants, and specific areas shall be 21
	643	+	considered priority for retention and protection, and they shall be left in an undisturbed 22
	644	+	condition unless the applicant has demonstrated, to the satisfaction of the State or local 23
	645	+	authority, that reasonable efforts have been made to protect them and the plan cannot 24
	646	+	reasonably be altered: 25
676	647
677		-	(IV) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION
678		-	ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PRO TECTION AREA AS
679		-	IDENTIFIED BY A LOCA L JURISDICTION;
	648	+	(i) Trees, shrubs, and plants located in sensitive areas including 26
	649	+	100–year floodplains, intermittent [and] STREAMS AND THEIR BU FFERS OF AT LEAST 27
	650	+	50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT 28
	651	+	LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep 29
	652	+	slopes, and critical habitats; [and] 30
680	653
681		-	[(i)] (V) Trees, shrubs, or plants identified on the list of rare,
682		-	threatened, and endangered species of the U.S. Fish and Wildlife Service or the
683		-	Department;
	654	+	(ii) Contiguous forest that connects the largest undeveloped or most 31
	655	+	vegetated tracts of land within and adjacent to the site; AND 32
684	656
685		-	[(ii)] (VI) Trees that are part of a historic site or associated with a
686		-	historic structure or designated by the Department or local authority as a national, State,
687		-	or local Champion Tree; and
	657	+	(III) TREES, SHRUBS, AND PLANTS FOREST SU ITABLE FOR 33
	658	+	FOREST INTERIOR –DWELLING SPECIES ; 34
688	659
689		-	~~[(iii)]~~ (~~VII~~) ~~Trees having~~ a ~~diameter measured at 4.5 feet above the~~
690		-	~~ground~~ of:
	660	+	(IV) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 35
	661	+	WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ; 36 SENATE BILL 526 15
691	662
692		-	1. 30 inches; or
693	663
694		-	2. 75% of the diameter, measured at 4.5 feet above the
695		-	ground, of the current State Champion Tree of that species as designated by the
696		-	Department.
697		-	Ch. 542 2023 LAWS OF MARYLAND
698	664
699		-	– 16 –
700		-	(3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SHALL ISSU E
701		-	WRITTEN FINDINGS AND JUSTIFICATION FOR ANY CLEARING OF A PRIORITY
702		-	RETENTION AREA DESCR IBED IN PARAGRAPH (1) OR (2) OF THIS SUBSECTION .
	665	+	(V) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 1
	666	+	ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTECTION AREA AS 2
	667	+	IDENTIFIED BY A LOCA L JURISDICTION; AND 3
703	668
704		-	(II) ANY JUDICIAL REVIEW O F A FINAL DETERMINAT ION MADE
705		-	UNDER THIS PARAGRAPH SHALL BE:
	669	+	(VI) FORESTS IN URBAN AREAS THAT ARE ESSENTIAL: 4
706	670
707		-	1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND
708		-	RULES; AND
	671	+	1. AS DELINEATED IN THE PRIORITY URBAN FORES T 5
	672	+	MAPPING INCLUDED IN THE STATE FOREST CONSERVATION TECHNICAL MANUAL 6
	673	+	REQUIREMENTS ; OR 7
709	674
710		-	2. LIMITED TO THE RECORD COMPILED BY THE
711		-	DEPARTMENT OR THE LOC AL AUTHORITY.
	675	+	2. THAT ARE MOST IMPORTA NT FOR PROVIDING 8
	676	+	WILDLIFE HABITAT OR MITIGATING FLOODING , HIGH TEMPERATURES , OR AIR 9
	677	+	POLLUTION. 10
712	678
713		-	(d) The following shall be considered priority for afforestation or reforestation:
	679	+	(2) The following trees, shrubs, plants, and specific areas shall be 11
	680	+	considered priority for retention and protection, and they shall be left in an undisturbed 12
	681	+	condition unless the applicant has demonstrated, to the satisfaction of the State or local 13
	682	+	authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle: 14
714	683
715		-	(1) ~~Establish or enhance~~ forest ~~buffers adjacent to intermittent and~~
716		-	~~perennial streams~~ and ~~coastal bays to widths of at least 50 feet~~;
	684	+	(I) FOREST LAND SUITABLE FOR FOREST INTERIOR–DWELLING 15
	685	+	SPECIES AND FOREST C ORRIDORS CONNECTING THESE FOREST PATCHES ; 16
717	686
718		-	(2) Establish or increase existing forested corridors to connect existing
719		-	forests within or adjacent to the site and, where practical, forested corridors should be a
720		-	minimum of 300 feet in width to facilitate wildlife movement;
	687	+	(II) FOREST LAND LOCATED I N A TARGETED ECOLOGI CAL AREA 17
	688	+	AS IDENTIFIED BY THE DEPARTMENT ; 18
721	689
722		-	(3) ~~Establish~~ or ~~enhance forest buffers adjacent to critical habitats where~~
723		-	~~appropriate~~;
	690	+	(III) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 19
	691	+	WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ; 20
724	692
725		-	(4) Establish or enhance forested areas in 100–year floodplains;
	693	+	(IV) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 21
	694	+	ZONE, A RESERVOIR WATERSHE D, OR A WELLHEAD PROTEC TION AREA AS 22
	695	+	IDENTIFIED BY A LOCA L JURISDICTION; 23
726	696
727		-	(5) ~~Establish plantings to stabilize slopes~~ of ~~25% or greater and slopes of~~
728		-	~~15%~~ or ~~greater with a soil K value greater than 0.35 including~~ the ~~slopes of ravines or other~~
729		-	~~natural depressions~~;
	697	+	[(i)] (V) Trees, shrubs, or plants identified on the list of rare, 24
	698	+	threatened, and endangered species of the U.S. Fish and Wildlife Service or the 25
	699	+	Department; 26
730	700
731		-	(6) Establish buffers adjacent to areas of differing land use where
732		-	appropriate, or adjacent to highways or utility rights–of–way;
	701	+	[(ii)] (VI) Trees that are part of a historic site or associated with a 27
	702	+	historic structure or designated by the Department or local authority as a national, State, 28
	703	+	or local Champion Tree; and 29
733	704
734		-	(7) ~~Establish forest areas adjacent to existing forests so as to increase~~ the
735		-	~~overall area~~ of ~~contiguous forest cover, when appropriate; and~~
	705	+	[(iii)] (VII) Trees having a diameter measured at 4.5 feet above the 30
	706	+	ground of: 31
736	707
737		-	(8) Use native plant materials for afforestation or reforestation, when
738		-	appropriate.
	708	+	1. 30 inches; or 32 16 SENATE BILL 526
739	709
740		-	(e) (1) As part of the development of a forest conservation program, the State
741		-	or local government shall develop provisions for:
742	710
743		-	(i) Preservation of areas described in subsections (c) and (d)(1) and
744		-	(3) of this section; WES MOORE, Governor Ch. 542
745	711
746		-	– 17 –
	712	+	2. 75% of the diameter, measured at 4.5 feet above the 1
	713	+	ground, of the current State Champion Tree of that species as designated by the 2
	714	+	Department. 3
747	715
748		-	(ii) Retention as forest of all land forested, afforested, or reforested
749		-	under this subtitle; and
	716	+	(3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SHALL ISSU E 4
	717	+	WRITTEN FINDINGS AND JUSTIFICATION FOR AN Y CLEARING OF A PRIO RITY 5
	718	+	RETENTION AREA DESCR IBED IN PARAGRAPH (1) OR (2) OF THIS SUBSECTION . 6
750	719
751		-	(iii) Limitation of uses of forest to those that are not inconsistent with
752		-	forest conservation, such as recreational activities and forest management under
753		-	subsection (f) of this section.
	720	+	(II) ANY JUDICIAL REVIEW OF A FI NAL DETERMINATION MA DE 7
	721	+	UNDER THIS PARAGRAPH SHALL BE: 8
754	722
755		-	(2) The provisions required in paragraph (1) of this subsection may include
756		-	protective agreements for areas of forest conservation, including conservation easements,
757		-	deed restrictions, and covenants.
	723	+	1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND 9
	724	+	RULES; AND 10
758	725
759		-	(f) An owner may place land that is forested, afforested, or reforested under this
760		-	subtitle in the forest conservation and management program under § 8–211 et seq. of the
761		-	Tax – Property Article or in a forest management plan prepared by a licensed forester and
762		-	approved by the local authority or the State. Reforestation shall be required when the final
763		-	regeneration harvest is complete or if determined to be necessary due to the lack of
764		-	adequate natural regeneration.
	726	+	2. LIMITED TO THE RECORD COMPILED BY THE 11
	727	+	DEPARTMENT OR THE LOC AL AUTHORITY. 12
765	728
766		-	~~5–1610.1.~~
	729	+	(d) The following shall be considered priority for afforestation or reforestation: 13
767	730
768		-	(c) ~~[Mitigation] AFTER DECEMBER 31,~~ ~~2020, MITIGATION banks may be~~
769		-	~~allowed only [in~~ ~~priority]:~~
	731	+	(1) Establish or enhance forest buffers adjacent to intermittent and 14
	732	+	perennial streams and coastal bays to widths of at least 50 feet; 15
770	733
771		-	(1) IF THE APPLICATION WA S SUBMITTED BEFORE DECEMBER 31,
772		-	2020; OR
	734	+	(2) Establish or increase existing forested corridors to connect existing 16
	735	+	forests within or adjacent to the site and, where practical, forested corridors should be a 17
	736	+	minimum of 300 feet in width to facilitate wildlife movement; 18
773	737
774		-	(2) WHEN USING:
	738	+	(3) Establish or enhance forest buffers adjacent to critical habitats where 19
	739	+	appropriate; 20
775	740
776		-	(I) QUALIFIED CONSERVATIO N LOCATED IN PRIORIT Y
777		-	RETENTION AREAS AS I DENTIFIED IN § 5–1607(C) OF THIS SUBTITLE; OR
	741	+	(4) Establish or enhance forested areas in 100–year floodplains; 21
778	742
779		-	(II) ~~NEWLY PLANTED FOREST~~ ~~LOCATED IN PRIORITY~~
780		-	~~AFFORESTATION~~ OR ~~REFORES TATION areas as identified in § 5–1607(d)~~ of ~~this subtitle~~
781		-	~~or as identified in a comprehensive plan adopted by a local jurisdiction.~~
	743	+	(5) Establish plantings to stabilize slopes of 25% or greater and slopes of 22
	744	+	15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other 23
	745	+	natural depressions; 24
782	746
783		-	Article – Tax – Property
	747	+	(6) Establish buffers adjacent to areas of differing land use where 25
	748	+	appropriate, or adjacent to highways or utility rights–of–way; 26
784	749
785		-	8–211.
	750	+	(7) Establish forest areas adjacent to existing forests so as to increase the 27
	751	+	overall area of contiguous forest cover, when appropriate; and 28
786	752
787		-	(a) (1) In this section the following words have the meaning indicated.
	753	+	(8) Use native plant materials for afforestation or reforestation, when 29
	754	+	appropriate. 30
	755	+	SENATE BILL 526 17
788	756
789		-	(2) “Agreement” means an agreement made under subsection (c) of this
790		-	section.
791	757
792		-	(3) “Program” means the forest conservation and management program. Ch. 542 2023 LAWS OF MARYLAND
	758	+	(e) (1) As part of the development of a forest conservation program, the State 1
	759	+	or local government shall develop provisions for: 2
793	760
794		-	– 18 –
	761	+	(i) Preservation of areas described in subsections (c) and (d)(1) and 3
	762	+	(3) of this section; 4
795	763
796		-	(b) The Department of Natural Resources shall establish the program to:
	764	+	(ii) Retention as forest of all land forested, afforested, or reforested 5
	765	+	under this subtitle; and 6
797	766
798		-	(1) encourage the preservation or development of land for productive
799		-	woodland purposes;
	767	+	(iii) Limitation of uses of forest to those that are not inconsistent with 7
	768	+	forest conservation, such as recreational activities and forest management under 8
	769	+	subsection (f) of this section. 9
800	770
801		-	(2) increase the income of persons in the State from the sale of timber;
	771	+	(2) The provisions required in paragraph (1) of this subsection may include 10
	772	+	protective agreements for areas of forest conservation, including conservation easements, 11
	773	+	deed restrictions, and covenants. 12
802	774
803		-	(3) prevent flooding of land and the loss of the State’s soil;
	775	+	(f) An owner may place land that is forested, afforested, or reforested under this 13
	776	+	subtitle in the forest conservation and management program under § 8–211 et seq. of the 14
	777	+	Tax – Property Article or in a forest management plan prepared by a licensed forester and 15
	778	+	approved by the local authority or the State. Reforestation shall be required when the final 16
	779	+	regeneration harvest is complete or if determined to be necessary due to the lack of 17
	780	+	adequate natural regeneration. 18
804	781
805		-	(4) provide wooded areas for the use and enjoyment of all individuals in the
806		-	State; and
	782	+	5–1610.1. 19
807	783
808		-	(5) promote the welfare and assets of the State.
	784	+	(c) [Mitigation] AFTER DECEMBER 31, 2020, MITIGATION banks may be 20
	785	+	allowed only [in priority]: 21
809	786
810		-	(c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
811		-	SUBSECTION, THE owner of at least 5 contiguous acres of land may make an agreement
812		-	with the Department of Natural Resources to place the land in the program.
	787	+	(1) IF THE APPLICATION WA S SUBMITTED BEFORE DECEMBER 31, 22
	788	+	2020; OR 23
813	789
814		-	(2) IN BALTIMORE CITY AND ANNE ARUNDEL, BALTIMORE,
815		-	HOWARD, MONTGOMERY , AND PRINCE GEORGE’S COUNTIES, THE OWNER OF AT
816		-	LEAST 2 CONTIGUOUS ACRES OF LAND MAY MAKE AN AGR EEMENT WITH THE
817		-	DEPARTMENT OF NATURAL RESOURCES TO PLACE TH E LAND IN THE PROGRA M.
	790	+	(2) WHEN USING: 24
818	791
819		-	Chapter 645 of the Acts of 2021
	792	+	(I) QUALIFIED CONSERVATIO N LOCATED IN PRIORITY 25
	793	+	RETENTION AREAS AS I DENTIFIED IN § 5–1607(C) OF THIS SUBTITLE; OR 26
820	794
821		-	SECTION 11. AND BE IT FURTHER ENACTED, That, except as provided in
822		-	Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION
823		-	7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of
824		-	June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required
825		-	by the General Assembly, shall be abrogated and of no further force and effect. Subject to
826		-	Section 10 of this Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of
827		-	10 years and 1 month and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with
828		-	no further action required by the General Assembly, shall be abrogated and of no further
829		-	force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1
830		-	month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required
831		-	by the General Assembly, shall be abrogated and of no further force and effect.
	795	+	(II) NEWLY PLANTED FOREST LOCATED IN PRIORITY 27
	796	+	AFFORESTATION OR REF ORESTATION areas as identified in § 5–1607(d) of this subtitle 28
	797	+	or as identified in a comprehensive plan adopted by a local jurisdiction. 29
832	798
833		-	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
834		-	as follows:
	799	+	Article – Tax – Property 30
835	800
836		-	~~Article – Natural Resources~~
	801	+	8–211. 31
837	802
838		-	5–1610.
839		-	WES MOORE, Governor Ch. 542
	803	+	(a) (1) In this section the following words have the meaning indicated. 32 18 SENATE BILL 526
840	804
841		-	– 19 –
842		-	(b) There is a Forest Conservation Fund in the Department.
843	805
844		-	(e) (1) The Department shall accomplish the reforestation or afforestation for
845		-	which the money is deposited within [2] 5 years or [3] 6 growing seasons, as appropriate,
846		-	after receipt of the money.
847	806
848		-	(2) Money deposited in the Fund under subsection (c) of this section shall
849		-	remain in the Fund for a period of [2] 5 years or [3] 6 growing seasons, and at the end of
850		-	that time period, any portion that has not been used OR ENCUMBERED to meet the
851		-	afforestation or reforestation requirements shall be returned to the person who provided
852		-	the money to be used for documented tree planting in the same county or watershed beyond
853		-	that required by this subtitle or other applicable statutes.
	807	+	(2) “Agreement” means an agreement made under subsection (c) of this 1
	808	+	section. 2
854	809
855		-	~~SECTION 5.~~ AND ~~BE IT FURTHER ENACTED, That:~~
	810	+	(3) “Program” means the forest conservation and management program. 3
856	811
857		-	(a) The Department of Natural Resources sha ll update the State Forest
858		-	Conservation Technical Manual on or before December 31, 2024, for consistency with this
859		-	Act.
	812	+	(b) The Department of Natural Resources shall establish the program to: 4
860	813
861		-	(b) The updates shall include:
	814	+	(1) encourage the preservation or development of land for productive 5
	815	+	woodland purposes; 6
862	816
863		-	(1) ~~guidance on:~~
	817	+	(2) increase the income of persons in the State from the sale of timber; 7
864	818
865		-	(i) when the clearing of a priority area for retention described in §
866		-	5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified,
867		-	including for purposes related to forest health or composition; and
	819	+	(3) prevent flooding of land and the loss of the State’s soil; 8
868	820
869		-	(ii) the use of site design practices to minimize clearing; and
	821	+	(4) provide wooded areas for the use and enjoyment of all individuals in the 9
	822	+	State; and 10
870	823
871		-	(2) standards by which credit may be granted for the restoration of
872		-	degraded forest.
	824	+	(5) promote the welfare and assets of the State. 11
873	825
874		-	SECTION 6. AND BE IT FURTHER ENACTED, That the Department of Natural
875		-	Resources shall establish a workgroup to evaluate and recommend incentives for private
876		-	landowners to conserve forest, including adjusting the minimal acreage of contiguous
877		-	forested land required to qualify for the forest conservation and management program
878		-	established under § 8–211 of the Tax – Property Article.
	826	+	(c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 12
	827	+	SUBSECTION, THE owner of at least 5 contiguous acres of land may make an agreement 13
	828	+	with the Department of Natural Resources to place the land in the program. 14
879	829
880		-	~~SECTION 7.~~ AND ~~BE IT FURTHER ENACTED~~, ~~That~~, ~~on or before December 31,~~
881		-	~~2023~~, the ~~Department~~ of ~~Natural Resources shall issue a description of the procedures the~~
882		-	~~Department will use to determine whether a local program is expected to maintain or~~
883		-	~~expand the existing level~~ of ~~forest cover~~ in the ~~jurisdiction~~.
	830	+	(2) IN BALTIMORE CITY AND ANNE ARUNDEL, BALTIMORE, 15
	831	+	HOWARD, MONTGOMERY , AND PRINCE GEORGE’S COUNTIES, THE OWNER OF AT 16
	832	+	LEAST 2 CONTIGUOUS ACRES OF LAND MAY MAKE AN AGR EEMENT WITH THE 17
	833	+	DEPARTMENT OF NATURAL RESOURCES TO PLACE TH E LAND IN THE PROGRA M. 18
884	834
885		-	SECTION 8. AND BE IT FU RTHER ENACTED, That, on or before December 31,
886		-	2023, the Department of Natural Resources shall approve or reject alternative Ch. 542 2023 LAWS OF MARYLAND
	835	+	Chapter 645 of the Acts of 2021 19
887	836
888		-	– 20 –
889		-	afforestation, reforestation, and preservation requirements adopted by a local jurisdiction
890		-	before September 1, 2023.
	837	+	SECTION 11. AND BE IT F URTHER ENACTED, That, except as provided in 20
	838	+	Section 10 of this Act, this Act shall take effect June 1, 2021. [Sections 1, 2, and] SECTION 21
	839	+	7 of this Act shall remain effective for a period of 3 years and 1 month and, at the end of 22
	840	+	June 30, 2024, [Sections 1, 2, and] SECTION 7 of this Act, with no further action required 23
	841	+	by the General Assembly, shall be abrogated and of no further force and effect. Subject to 24
	842	+	Section 10 of this Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of 25
	843	+	10 years and 1 month and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with 26
	844	+	no further action required by the General Assembly, shall be abrogated and of no further 27
	845	+	force and effect. Section 6 of this Act shall remain effective for a period of 2 years and 1 28
	846	+	month and, at the end of June 30, 2023, Section 6 of this Act, with no further action required 29
	847	+	by the General Assembly, shall be abrogated and of no further force and effect. 30
891	848
892		-	SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to:
	849	+	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 31
	850	+	as follows: 32
	851	+	SENATE BILL 526 19
893	852
894		-	(1) a solarvoltaic facility granted a certificate of public convenience and
895		-	necessity by the Public Service Commission under § 7–207 of the Public Utilities Article
896		-	before July 1, 2023;
897	853
898		-	(2) a forest conservation plan approved before July 1, 2024, that is
899		-	associated with a subdivision plan, site plan, building permit, or grading or sediment
900		-	control application; or
	854	+	Article – Natural Resources 1
901	855
902		-	(3) a revision to a plan or permit described in item (2) of this section that
903		-	does not materially alter the proposed or actual limits of disturbance.
	856	+	5–1610. 2
904	857
905		-	SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this
906		-	Act shall take effect July 1, 2024.
	858	+	(b) There is a Forest Conservation Fund in the Department. 3
907	859
908		-	SECTION 4. 11. AND BE IT FURTHER ENACTED, That , except as provided in
909		-	Section 10 of this Act, this Act shall take effect October July 1, 2023.
	860	+	(e) (1) The Department shall accomplish the reforestation or afforestation for 4
	861	+	which the money is deposited within [2] 5 years or [3] 6 growing seasons, as appropriate, 5
	862	+	after receipt of the money. 6
910	863
911		-	Approved by the Governor, May 8, 2023.
	864	+	(2) Money deposited in the Fund under subsection (c) of this section shall 7
	865	+	remain in the Fund for a period of [2] 5 years or [3] 6 growing seasons, and at the end of 8
	866	+	that time period, any portion that has not been used OR ENCUMBERED to meet the 9
	867	+	afforestation or reforestation requirements shall be returned to the person who provided 10
	868	+	the money to be used for documented tree planting in the same county or watershed beyond 11
	869	+	that required by this subtitle or other applicable statutes. 12
	870	+
	871	+	SECTION 5. AND BE IT FURTHER ENACTED, That: 13
	872	+
	873	+	(a) The Department of Natural Resources shall update the State Forest 14
	874	+	Conservation Technical Manual on or before December 31, 2024, for consistency with this 15
	875	+	Act. 16
	876	+
	877	+	(b) The updates shall include: 17
	878	+
	879	+	(1) guidance on: 18
	880	+
	881	+	(i) when the clearing of a priority area for retention described in § 19
	882	+	5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 20
	883	+	including for purposes related to forest health or composition; and 21
	884	+
	885	+	(ii) the use of site design practices to minimize clearing; and 22
	886	+
	887	+	(2) standards by which credit may be granted for the restoration of 23
	888	+	degraded forest. 24
	889	+
	890	+	SECTION 6. AND BE IT FURTHER ENACTED, That the Department of Natural 25
	891	+	Resources shall establish a workgroup to evaluate and recommend incentives for private 26
	892	+	landowners to conserve forest, including adjusting the minimal acreage of contiguous 27
	893	+	forested land required to qualify for the forest conservation and management program 28
	894	+	established under § 8–211 of the Tax – Property Article. 29
	895	+
	896	+	SECTION 7. AND BE IT FURTHER ENACTED, That, on or before December 31, 30
	897	+	2023, the Department of Natural Resources shall issue a description of the procedures the 31
	898	+	Department will use to determine whether a local program is expected to maintain or 32
	899	+	expand the existing level of forest cover in the jurisdiction. 33
	900	+	20 SENATE BILL 526
	901	+
	902	+
	903	+	SECTION 8. AND BE IT FURTHER ENACTED, That, on or before December 31, 1
	904	+	2023, the Department of Natural Resources shall approve or reject alternative 2
	905	+	afforestation, reforestation, and preservation requirements adopted by a local jurisdiction 3
	906	+	before September 1, 2023. 4
	907	+
	908	+	SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to: 5
	909	+
	910	+	(1) a solarvoltaic facility granted a certificate of public convenience and 6
	911	+	necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 7
	912	+	before July 1, 2023; 8
	913	+
	914	+	(2) a forest conservation plan approved before July 1, 2024, that is 9
	915	+	associated with a subdivision plan, site plan, building permit, or grading or sediment 10
	916	+	control application; or 11
	917	+
	918	+	(3) a revision to a plan or permit described in item (2) of this section that 12
	919	+	does not materially alter the proposed or actual limits of disturbance. 13
	920	+
	921	+	SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 14
	922	+	Act shall take effect July 1, 2024. 15
	923	+
	924	+	SECTION 4. 11. AND BE IT FURTHER ENACTED, That , except as provided in 16
	925	+	Section 10 of this Act, this Act shall take effect October July 1, 2023. 17
	926	+
	927	+
	928	+
	929	+
	930	+	Approved:
	931	+	________________________________________________________________________________
	932	+	Governor.
	933	+	________________________________________________________________________________
	934	+	President of the Senate.
	935	+	________________________________________________________________________________
	936	+	Speaker of the House of Delegates.