§5–1605.    IN EFFECT

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

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

    (c)    A proposed forest conservation plan shall contain:

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

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

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

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

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

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

        (7)    Limits of disturbance delineated;

        (8)    Stockpile areas delineated;

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

            (i)    Watering; and

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

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

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

§5–1605.    ** TAKES EFFECT JULY 1, 2024 PER CHAPTERS 541 AND 542 OF 2023 **

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

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

    (c)    A proposed forest conservation plan shall contain:

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

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

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

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

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

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

        (7)    Limits of disturbance delineated;

        (8)    Stockpile areas delineated;

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

            (i)    Watering; and

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

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

    (d)    (1)    At least 20 days before approval of the forest conservation plan, the Department or local authority shall:

            (i)    Provide notice that is consistent with local authority notice requirements to all property owners abutting and adjacent to the boundary of the subject property of any proposed clearing of a priority retention area as described in § 5–1607(c) of this subtitle; and

            (ii)    1.    On a net tract area of at least 5 acres and if at least 75% of the priority retention area is proposed to be cleared, provide an opportunity for written and verbal comment before plan approval; or

                2.    For any other project where priority retention area is proposed for clearing, provide an opportunity for public written comment before plan approval.

        (2)    Property separated from the subject property by a public right–of–way shall be considered abutting and adjacent.

        (3)    (i)    Within 45 days from receipt of the forest conservation plan, the Department or local authority shall notify the applicant whether the forest conservation plan is complete.

            (ii)    If the Department or local authority fails to notify the applicant about the forest conservation plan within 45 days, the plan shall be treated as complete and approved.

            (iii)    The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances.

            (iv)    In addition, at the request of the applicant, the State or local authority may extend this deadline for extenuating circumstances.

        (4)    (i)    A person petitioning for judicial review of an approved forest conservation plan shall file the petition in accordance with the Maryland Rules not later than 30 days after approval of the forest conservation plan.

            (ii)    Any judicial review of a forest conservation plan shall be:

                1.    Conducted in accordance with the Maryland Rules; and

                2.    Limited to the record compiled by the Department or the local authority.