Sec. 22A-6. Special provisions — Exemptions; tree save plans; and highway projects.

Tree save plan requirements. An activity or development that is exempt under Section 22A-5 except for the clearing of a specimen or champion tree, or that impacts a specimen or champion tree, requires the approval of a tree save plan. The tree save plan must require tree preservation or planting of mitigation trees at a ratio of one caliper inch replaced for every 4 inches of trunk diameter removed, measured at 4.5 feet above the ground, based on the size and character of the trees to be cleared. If trees to be cleared are part of an existing recorded scenic buffer between public parkland and a proposed development, trees that are smaller than specimen size may be included in the tree save plan.

Exemption expiration. A confirmed exemption is valid for 5 years from the date the exemption is confirmed, unless the confirmed exemption pertains to a subdivision with a validity period of more than 5 years, in which case the confirmed exemption does not expire until the end of the subdivision validity period. If site development activities have not been authorized by the forest conservation inspector to commence before the expiration date, including inspections detailed under 22A-15(c)(2)(A) and (B), the approved exemption will expire at that time.

Tree save plan violations. A violation of any requirement of a tree save plan or similar condition of approval may be enforced using any remedy provided under this Chapter.

Highway projects. The provisions of Article III apply to County and municipal highway projects exempt from Article II under Section 22A-5(e).

a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].