Subtitle 25. Trees and Vegetation

Policies and strategies for the conservation of trees, tree canopy, woodlands and wildlife habitat for present and future citizens of Prince George's County in the General Plan; that provides for the preservation, enhancement, and restoration of our natural and built ecosystem to improve human health, strengthen our resilience to changing climate conditions, and facilitate sustainable economic development.

A Countywide Green Infrastructure Plan that provides a long-term vision for the preservation, enhancement and restoration of designated lands within the network and measurable objectives for plan implementation;

Requirements for the preservation and protection of trees, woodlands and wildlife habitat having local, state, or national significance, particularly those trees of notable size, species, historical context or ecological role and those wildlife habitats that are scarce and in need of protection;

Procedures to manage the necessary clearing and disturbance of woodlands in ways that promote habitat protection and the maintenance of healthy vegetation;

Standards for the protection and enforcement of conservation areas containing trees, woodlands and wildlife habitat sufficient to maintain and improve water quality and to safeguard ecological and aesthetic values;

Incentives to conserve and preserve woodland elements through the appropriate use of alternative and innovative designs; and

Fines for removing trees, woodlands, or wildlife habitat without an approved Tree Conservation Plan or in violation of an approved Tree Conservation Plan.

Preserve, maintain, enhance, and restore woodlands and wildlife habitat for the benefit of County residents and future generations;

Establish procedures, standards, and requirements to minimize woodland loss and to protect trees and woodlands before, during, and after construction or other land disturbing activities;

Establish procedures, standards and requirements for woodland conservation;

Establish a fund for future woodland conservation efforts, including afforestation, reforestation, maintenance, land acquisition and the establishment of tree canopy coverage; and

Provide a focused and coordinated approach for County woodland conservation activities.

Be likely to contribute to the long-term survival of the species;

Be likely to be occupied by the species for the foreseeable future; and

Constitute habitat of the species which is considered critical by the U.S. Fish and Wildlife Service or the Maryland Department of Natural Resources.

Are exempt under this Division;

Do not circumvent the requirements of this Division or Natural Resources Article, §§ 5-103 and 5-1601—5-1612, Annotated Code of Maryland; and

Do not conflict with the purposes of any other Declaration of Intent.

The woodlands are a minimum of 50 acres in size and contain at least 10 acres of "forest interior" habitat which is located more than 300 feet from the nearest forest edge; or

Riparian forests at least 50 acres in size with a minimum average width of 300 feet within the watershed of a regulated stream.

Has been approved by the appropriate State or local forest conservation program for the purpose of establishing off-site woodland conservation; and

Is encumbered in perpetuity by a restrictive easement, covenant, or other similar mechanism recorded in the County land records to conserve its character as woodlands.

Is designed to stabilize stream banks or enhance stream function or habitat located within an existing stream, waterway, or floodplain;

Avoids and minimizes impacts to forests and provides for replanting on-site an equivalent number of trees to the number removed by the project;

May be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the State or local government to achieve or maintain water quality standards; and

Is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with proposed development activity.

All DRD applications and grading permit applications, excluding applications which propose residential construction activity resulting in the disturbance of less than 10,000 square feet of woodlands on a single lot of any size or linear project that do not have a previously approved and valid TCP;

All activities by a public utility;

All activities of a unit of County or municipal government; and

All activities delegated to the local jurisdiction by the State.

DRD Applications for a Conceptual Site Plan, a Preliminary Plan of Subdivision, or other conceptual plans shall include a Type 1 Tree Conservation Plan (TCP1) or a Standard Letter of Exemption.

DRD applications for a Detailed Site Plan (including Minor and Major Detailed Site Plans), grading permit or other similarly detailed plans shall include a Type 2 Tree Conservation Plan (TCP2) or a Standard Letter of Exemption. If a site requires approval of a TCP2 with an associated DRD application, the TCP2 shall not be reviewed independently of the associated DRD application.

DRD applications for a Special Exception shall include:

If a DRD application requires approval of a TCP1 or TCP2, the TCP shall be approved by the body with authority to approve the DRD application.

If a site requires approval of a TCP2 with an associated DRD application, the TCP2 shall not be reviewed independently of the associated plan.

A TCP2 that was approved as a companion to an approved DRD application, or

A permit application not subject to a DRD approval, a stand-alone TCP2 approved by the Planning Director shall be required, or

A permit application for a revision to an approved TCP2 where a revision to the approved DRD application is not required, a stand-alone TCP2 shall be required, or

A TCP1 is approved as a companion to an approved DRD application but no subsequent DRD approved is not required, a stand-alone TCP2 is required, or

A state level forest conservation approval, or

A Letter of Exemption is required.

All DRD applications and grading permit applications for land inside of the Chesapeake Bay Critical Area.

Trimming, planting or removal of trees in the public right-of-way which require a permit in accordance with the Maryland Roadside Tree Care Law is required.

An agricultural activity that does not result in a change in land use category and the construction and use of agricultural support structures built using accepted best management practices;

Forest Management subject to compliance requirements in Section 25-124.

Mandatory Referrals are exempt from this Division but may be subject to this Division at time of grading permit.

For certain applications that have to perform some but not all requirements in this Division. These applicants can apply for the following:

The Planning Director shall issue it prior to the submission of any DRD application requiring a review for conformance with this Division.

Requests for Letters of Exemption shall be made by the submission of an application package to the Planning Director. All application packages shall include an application form, a check for the appropriate fee made payable to the Maryland-National Capital Park and Planning Commission and a plan drawn to scale and signed by a professional engineer, land surveyor, landscape architect or qualified professional showing sufficient information so that a determination can be made regarding the exemption status. A Simplified FSD may be required to be submitted if the information submitted is not sufficient to make a determination regarding the exemption status of an application.

A letter either granting or denying the exemption shall be issued within 20 calendar days of acceptance of a complete application package.

Letters of Exemption are valid for five years from date of issuance. If the associated DRD application approval or grading permit expires, the Letter of Exemption also expires.

Letters of Exemption cannot be issued for properties that have a previously approved and valid TCP, unless the TCP has expired as per Section 25-119(c )(2).

If an application is revised to include additional lots or parcels the exemption status shall be re-evaluated.

The exemption is considered null and void and a TCP shall be required as appropriate; and

Enforcement action may be taken by the County.

A Standard Letter of Exemption shall be issued when a lot or parcel or combination of lots and parcels is less than 40,000 square feet in area.

A Standard Letter of Exemption shall be issued when a lot or parcel or combination of lots and parcels of any size has less than 10,000 square feet of woodland and is not subject to a previously approved TCP. If a lot or parcel that was determined to be exempt using this provision becomes reforested to the point where more than 10,000 square feet of woodlands exist prior to issuance of a grading permit, the exemption may be revoked by the Planning Director or their designee.

A Standard Letter of Exemption is not required to be issued when the proposed activities are within the Chesapeake Bay Critical Area because activities within the Critical Area are subject to Subtitle 5B. If a portion of a property is outside the Critical Area, that portion of the property shall be evaluated for conformance with this Division.

A Standard Letter of Exemption shall be issued for any property that will be reviewed by the State of Maryland Department of Natural Resources. These properties include, but are not limited to, land owned by the State of Maryland. A letter from the State of Maryland Department of Natural Resources stating that they are taking jurisdiction over the review of a project shall be provided with any application package. The Standard Letter of Exemption and the state approved Forest Conservation Plan shall accompany all local DRD applications and grading permit applications.

A Standard Letter of Exemption may be issued when local government projects utilizing state funds are proposed and a letter from the State of Maryland Department of Natural Resources is provided stating that they will be reviewing the project.

A Standard Letter of Exemption may be issued when a proposal is submitted that shows the minimum cutting or clearing of trees or woodlands necessary in compliance with the requirements of 14 C.F.R. § 77.25 relating to objects affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation.

A Numbered Letter of Exemption shall not be issued for properties that are required to submit a DRD application as part of the process for the activity proposed.

A Numbered Letter of Exemption may be issued for linear projects that disturb less than 20,000 square feet of woodland if any of the land involved is not subject to a previously approved TCP. Linear projects that disturb less than 20,000 square feet of woodland are exempt and may obtain a Numbered Exemption Letter if none of the associated properties are subject to a previously approved TCP.

The Letter of Exemption application shall include an executed Declaration of Intent as provided for in Section 25-118 of this Division. The Declaration must be filed with and approved by the County; and

The Letter of Exemption application shall include an approved Forest Management Plan for the entire tract.

If a TCP1 has been approved for a site, all subsequent TCP2 plans must be in conformance with the TCP1.

The following criteria constitutes a minor revision:

For TCP major revisions:

If no TCP1 exists and one is not required, each TCP2 shall comply with the current regulations of this Division.

For TCP applications that are companion to a DRD application that requires notification, a notification shall state that a TCP will be reviewed concurrently with the DRD application. The applicable mailing, signage, and opportunity to provide written or verbal comment shall follow the processes and procedures required by the associated DRD application. If the DRD does not require notification, the notification process will be in accordance with Subsection 25-119(c)(5)(B).

For those stand-alone TCP applications that are not associated with a DRD application and are proposing clearing, written notice shall be mailed to the parties listed in Subsection 27-3407(b)(1) of the Zoning Ordinance for Detailed Site Plans at least 20 days before the TCP is approved and the parties notified shall be advised of the process for providing written comments. If the application proposes clearing of 50% or more of woodland and the net tract area is four (4) acres or more, the parties notified shall be advised of the process for providing written and verbal comments.

TCP1s expire if the associated plan expires.

An application for a TCP2 approved on or after July 1, 2024, shall be valid for 5 years from the date of approval unless a grading permit has been issued.

Once a grading permit has been issued, TCP2s do not expire, and the requirements run with the land in perpetuity until an approved revision to the TCP2 is acquired.

Plans that are grandfathered are subject to the expiration provisions stated in Subsections 25-119(g) and (h).

Specimen trees, champion trees and trees that are part of a historic site or are associated with a historic structure are impacted or removed; or

Trees, plants, and vegetation identified on the national or state list of rare, threatened, and endangered lists are impacted or removed.

Special conditions peculiar to the property have caused the unwarranted hardship;

Enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas;

Granting the variance will not confer on the applicant a special privilege that would be denied to other applicants;

The request is not based on conditions or circumstances which are the result of actions by the applicant;

The request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; and

Granting of the variance will not adversely affect water quality.

If the applicant is granted a variance to remove trees identified as a priority for retention in 25-119 (d)(5), the removal of a specimen tree or historic trees shall be subject to replacement requirements identified in the Technical Manual.

The replacement requirements of a Specimen or Historic Tree shall be separate and apart from any other planting requirements. If the applicant has demonstrated that it cannot meet the replacement requirement pursuant to Section 25-119(d)(7)(A) and the Technical Manual, the applicant shall pay a fee-in-lieu into the Specimen and Historic Tree Fund based upon the tree replacement requirement determined by the diameter of the Specimen or Historic Tree(s) subject to removal.

Applications for the project types listed in (2) above shall include an FSD or an approved NRI.

The applications shall be in conformance with this Division.

The TCP shall provide calculations as described in the Technical Manual.

Linear projects are not required to show the full boundaries of all of the affected parcels or lots.

Linear projects shall submit a Simplified Forest Stand Delineation for that area of the subject properties where the project work will be performed.

Linear projects that disturb less than 20,000 square feet of woodland are exempt and may obtain a Numbered Exemption Letter if none of the associated properties are subject to a previously approved TCP. If not exempt, then the linear project shall meet the requirements of this Section.

Woodland conservation replacement requirement shall be provided at a ratio of one acre of woodland conservation for each acre of woodland disturbed. The requirement shall be met using the same priorities as listed in Section 25-121 of this Division.

If previously approved TCPs are affected by linear projects, the TCPs shall be revised accordingly prior to approval of the permit for the associated construction.

The plan review function shall be administered by the Maryland-National Capital Park and Planning Commission's Planning Department with input from the County.

Enforcement shall be conducted by the County with technical assistance provided by the Maryland-National Capital Park and Planning Commission's Planning Department.

County inspectors may enter properties subject to this Division for the purpose of inspection and enforcement. The Planning Director may enter properties to confirm information provided on an FSD, NRI or TCP submitted for review.

Prior to the issuance of the first grading permit for a site subject to this Division, a pre-construction meeting shall be held by the County inspector with all necessary site personnel of the permitee to discuss the provisions of the TCP. At a minimum, the limits of disturbance shown on the TCP2 shall be verified in the field by the County inspector and all appropriate conservation notes on the plans shall be discussed with the permitee. After all required temporary tree protection devices are in place, clearing and grading as depicted on the approved TCP2 may proceed.

If, during the development of the site, it is determined that additional woodland clearing is necessary, an area of up to 5,000 square feet may be approved by the County inspector in the field unless the clearing impacts streams or their associated buffers; wetlands or their associated buffers; or the one-hundred (100) year floodplain. Additional clearing of areas 5,000 square feet and greater; clearing impacts to streams and their associated buffers, wetlands and their associated buffers; or the one-hundred (100) year floodplain shall require the review and approval of a revision to the TCP2 prior to the additional clearing taking place. Failure to submit a revised TCP2 prior to clearing more than 5,000 square feet of woodland not previously approved constitutes a violation of this Division.

Periodic inspections throughout the site development process shall be conducted by a County inspector and the permitee to ensure that the work is proceeding in conformance with the approved TCP2.

Woodlands preserved to meet the requirements shall be protected from construction activities utilizing temporary protection devices following the details shown on the TCP2 and per the standards of the Technical Manual. Afforestation and reforestation areas shall be protected from soil compaction with temporary protection devices prior to planting to prevent soil compaction and permanent devices once planting has taken place.

Specimen, champion and historic trees shall be protected in conformance with the specific details provided on the TCP2. All conservation notes and practices shall be implemented in the field by the permitee.

Prior to the issuance of a use and occupancy permit, an inspection shall be conducted by the County inspector to ensure that all temporary and permanent tree protection devices are in place. If the tree protection devices are not in place the use and occupancy permit shall not be issued. Temporary tree protection devices shall remain in place until the bond has been released for the subject property. Permanent tree protection devices shall remain in place until satisfactory afforestation and reforestation survival is met.

Prior to the issuance of the use and occupancy permit for a subject lot or parcel, an inspection shall be performed by the County inspector to ensure that the provisions of the TCP2 for the subject lot have been completed. If woodland conservation areas are shown on the subject lot, the County inspector shall verify that the woodland conservation area is in conformance with the approved TCP2. If the woodland conservation area is less than that required to be conserved, either the additional area shall be conserved or a revised TCP2 shall be approved prior to issuance of the use and occupancy permit.

Prior to release of any bond or security related to woodland conservation, an inspection shall be conducted by the County inspector to ensure that all the requirements of the TCP2 have been met. If afforestation or reforestation areas are part of the TCP, the release of the bond or security shall not occur until the four-year management plan has been fulfilled and the County inspector has verified the work is complete.

A copy of the approved TCP2 shall be available on-site or through the applicant's representative from the time of the pre-construction meeting until the final bond for woodland conservation is released.

The County may issue a stop work order against any person who violates any provision of this Division or any regulation, order, approved plan, or management agreement.

The following actions constitute a violation of this Division:

Removal of a documented dead, dying or hazardous tree. In order to be deemed dead, dying or hazardous, the tree must be evaluated by a qualified professional or licensed tree expert. To be considered a hazardous tree, the professional must provide documentation that the tree is in a position where it threatens property damage or could cause injury. Refer to the Technical Manual for required documentation of dead, dying or hazardous trees.

Removal of documented exotic, invasive or noxious plant species. Refer to the Technical Manual for required documentation and for lists of plant species that are exotic, invasive or noxious.

Passive activities such as herb gardens, sitting areas, and wildflower gardens only if existing woodland vegetation, such as native woody understory trees, shrubs, vines and groundcover, is not removed for installation.

Removal of severed trunks, dead branches and dead debris created as a result of storm damage.

Removal of trash and other human-made debris.

Work completed in conformance with a Forest Management Plan is not a violation and may be conducted with the use of wheeled mechanical equipment.

For project subject to bonding, the County inspector may make a decision with regard to the removal of hazardous trees on the edges of cleared areas and trees damaged as a result construction activities or storm events.

The fine may be imposed in addition to the required mitigation.

The violation fine applies whether the entire woodland is removed or whether only the understory vegetation is removed with the canopy trees remaining.

The fine may be waived by the County if all appropriate mitigation and/or restoration is provided by the property owner or permitee.

If the County conducts the required restoration because the property owner or permitee fails to do so in a timely manner, the fine shall not be waived or reduced.

If the County conducts the required restoration because the property owner or permitee fails to do so, a lien may be placed on the subject property to recover the costs of the mitigation.

Fines collected for violations shall be placed in the Woodland Conservation Fund.

Each day a violation continues may be considered a separate violation after the period to correct the violation has expired.

The required TCP for mitigation shall be submitted by the property owner or permittee within 30 days of receipt of a violation notice or within the timeframe provided in a decision by the County.

The implementation of all mitigation measures shall be the responsibility of the property owner.

Mitigation shall be accomplished on an acre for acre basis.

When specimen, champion, or historic trees designated for preservation have been damaged or destroyed, the mitigation to be provided shall be equal in value to the restoration or replacement cost as calculated using the latest edition of the "Guide for Plant Appraisal" published by the Council of Tree and Landscape Appraisers. Priority shall be given to restoring the tree(s) if possible, then replanting the area with trees that total the cost of the tree(s) lost if sufficient space is available for replanting. If replanting the area is not feasible, the next option is replanting in an approved location with the final option being payment of a fee-in-lieu equivalent to the amount calculated for restoration or replacement. The restoration or replacement value shall be calculated by a professional with experience using the "Guide for Plant Appraisal." A revision to the approved TCP shall be obtained to reflect the proposed mitigation measures, or, if the site does not have an approved TCP, a TCP2 shall be submitted for approval by the Planning Director. Other methods for calculating mitigation for damaged or destroyed trees may be considered and approved by the Planning Director.

The property owner or permittee shall provide a completion bond acceptable to the County to cover the required mitigation measures.

Fee-in-lieu payments associated with approved TCPs

Fines as a result of violations

Fee-in-lieu payments to mitigate violations

Fee-in-lieu payment associated with the mitigation for removal of a specimen or historic tree;

Money deposited in the Specimen and Historic Tree Fund may only be spent on reforestation and afforestation, including the costs directly related to site identification, acquisition, prepurchase, and preparation, maintenance of existing forest, and achieving urban canopy goals, and may not revert to any other general fund.

The fee amount shall be $500 per 2 inches of tree caliper required for replacement. This fee shall be adjusted for inflation in accordance with the Consumer Price Index for all urban consumers published by the United States Department of Labor, for the fiscal year preceding the year for which the amount is being calculated.

Regulated streams and their buffers

Green infrastructure network elements designated in the Countywide Green Infrastructure Plan and any subsequent updates, or within the designated green infrastructure networks in master or sector plans.

Critical habitat areas.

Contiguous wooded areas with: high structural and species diversity; few nonnative and invasive species present; very good overall stand health; and high potential to provide a significant amount of habitat for forest interior dwelling plant, animal, and bird species.

Champion trees designated by the United States, the State of Maryland, the County or municipalities.

Specimen trees.

Forest Legacy Areas as defined by the state.

Historic trees and trees that are within the environmental setting of a historic site or associated with a historic resource.

Areas adjacent to Primary Management Areas that are not within the green infrastructure network

100-year floodplains

Wetlands and their buffers

Steep and severe slopes

Hydric soils associated with wetlands and highly erodible soils on slopes 15 percent and greater

Forest Interior Dwelling Species (FIDS) habitat

Tier II and Tier III Watersheds as identified by the State of Maryland Department of the Environment

Forest in urban areas as delineated by the State of Maryland Department of Natural Resources and the Maryland State Forest Conservation Technical Manual

The threshold acreage is calculated by taking the gross tract area and subtracting the 100-year floodplain, and any previously dedicated land to determine the net tract area, and then multiplying the net tract area by the threshold percentage. Refer to the Technical Manual for more information and the worksheets required to perform these calculations. If a property contains more than one Zone, the threshold is calculated based on the proportion of the total acreage in each Zone and is applied to the entire site.

Except as provided in (C) of this section, the replacement requirement is determined as:

After meeting the requirements in this section, all remaining unforested riparian buffers on-site shall be afforested and reforested unless the applicant demonstrates that planting in the riparian buffer:

The woodland replacement requirements as noted in Table 2 may be waived by the Prince George's County Planning Director when all of the following conditions apply:

Land development and the associated clearing and grading shall be designed to ensure that the long-term preservation of areas designated as woodland conservation or woodlands retained but not credited thrive in perpetuity.

Conceptual building footprints and associated infrastructure including but not limited to driveways, utilities, secondary structures, parking facilities that reflect the maximum limit of disturbance for the construction of buildings shall be shown and shall include add-on building features such as sun rooms and decks.

Conceptual grading in accordance with an approved stormwater concept plan shall be shown on all TCP1s and TCP2s. Detailed grading in accordance with erosion and sediment control plan shall be shown on all TCP2s.

The limits of disturbance shown shall allow for the construction of the proposed development using standard building techniques. If special techniques are proposed to reduce clearing, those techniques must be shown on the TCP with details related to the proposed construction method and limits of disturbance. The required clearing to address the provisions of all applicable provisions of the County Code shall be shown.

Woodland conservation areas shall be designed in such a way as to ensure their survival in perpetuity. At a minimum, woodland conservation areas shall be shown no closer than:

Woodland conservation shall not be placed on lots one (1) acre or less in size.

Specimen trees, champion trees, and trees that are part of a historic site or are associated with a historic structure shall be preserved and the design shall either preserve the critical root zone of each tree in its entirety or preserve an appropriate percentage of the critical root zone in keeping with the tree's condition and the species' ability to survive construction as provided in the Technical Manual.

Trees, shrubs, and plants identified on the list of rare, threatened, and endangered list of the U.S. Fish and Wildlife Service or the State of Maryland Department of Natural Resources shall be preserved.

Within transit-oriented centers, all woodland conservation areas including landscape areas shall be a minimum of 5,000 square feet in area. If on-site conservation areas are proposed to be less than 5,000 square feet in area, abutting off-site areas may be used to meet the 5,000 square foot minimum contiguity requirements if they have been previously protected by a TCP or other prior approved mechanism.

Outside of transit-oriented centers, all woodland conservation areas shall be a minimum of 10,000 square feet in area. If on-site conservation areas are proposed to be less than 10,000 square feet in area, abutting off-site areas may be used to meet the 10,000 square foot minimum contiguity requirements if they have been previously protected by a TCP or other prior approved mechanism.

All woodland conservation areas shall be a minimum of 50 feet in width. If less than 50 feet is proposed on-site, abutting woodlands may be used if they have been previously protected by a TCP or other prior approved mechanism, such as a conservation easement. Landscaped areas may be 35 feet in width.

Woodlands retained on lots one acre or less in size shall be counted as cleared and shall be shown on the TCP as labeled "woodland retained - assumed cleared."

Woodlands retained on lots or parcels greater than one acre in size may show woodland that is retained and not counted as cleared, if it meets the other design criteria per (I), (J) and (K) above and is labeled "woodland retained - not credited."

Woodlands retained per (L) and (M) above may be counted toward meeting the tree canopy coverage requirements of Division 3 of this Subtitle.

The following areas shall be treated as follows:

Woodlands within proposed septic fields and septic recovery areas are required to be counted as woodland retained — assumed cleared.

Land development shall be designed to meet the requirements of this Division on-site to the fullest extent possible unless a variance is granted pursuant to Section 25-119(d).

Onsite preservation and conservation of stream buffers, including the planting of unforested stream buffers.

On-site preservation of connected woodland and wildlife habitat areas using woodlands in good condition with limited amounts of invasive or exotic plants.

On-site afforestation/reforestation of connected planting areas using transplanted native stock, relocated from the site or surrounding areas.

On-site afforestation/reforestation of connected planting areas using native whip and seedling stock.

On-site specimen, champion, and historic trees when the plan has been designed to ensure long-term survival.

On-site natural regeneration of connected areas in appropriate locations containing sufficient native seed sources with appropriate protection mechanisms and long-term management.

Off-site afforestation/reforestation of connected planting areas using transplanted native stock, relocated from the site or surrounding areas.

Off-site afforestation/reforestation of connected planting areas using native whip and seedling stock.

Off-site preservation of connected woodlands.

On or off-site habitat enhancement projects to connect areas of existing woodlands that result in improved wildlife habitat and forest vigor through the removal of invasive or exotic plant species and/or planting of native plant species.

Off-site natural regeneration of connected areas in appropriate locations containing sufficient seed sources with appropriate protection mechanisms and long-term management.

On-site landscaping using native species of field grown nursery stock that establish landscaped areas a minimum of 35 feet wide and 5,000 square feet in area in transit-oriented centers. At least 50 percent of the plants in the landscaped area must be trees.

Street trees on or adjacent to the site when located in transit-oriented centers outside rights-of-way; or in conformance with:

Fee-in-lieu may be used to meet the requirements of this Division, when all other options have been exhausted, as determined by the Planning Director pursuant to Sec. 25-122(d)(9) for criteria relating to the use of fee-in-lieu.

Credit: Woodland preserved may be credited toward the conservation requirements on an acre for acre basis (ratio of 1:1). To be eligible for use as woodland preservation, the areas must be designated as woodland on the FSD, the woodland shall not have been harvested in the last five (5) years, and the woodland must be in medium or better condition as rated per the guidelines in the Technical Manual and with 15% or less of invasive or exotic plants.

Security: Woodlands preserved shall be placed in permanent protection recorded in the land records. Areas of reforestation shall be bonded separately from other site development components at an amount to be calculated as stated in the Technical Manual.

Credit: Woodland planted or regenerated on-site may be credited toward the conservation requirements on an acre for acre basis (ratio of 1:1). To be eligible for use, the areas must be designated as afforestation and reforestation areas on the TCP, the natural regeneration must be in medium or better condition with 15% or less of invasive or exotic plants, and a five-year management plan must be prepared as part of the TCP2 following the guidelines provided in the Technical Manual.

Security: Woodlands planted or regenerated on-site shall be placed in permanent protection as recorded in the land records and shall be bonded separately from other site development components at an amount to be calculated as stated in the Technical Manual.

Credit: Specimen, champion, and historic trees may be credited by counting the square footage of the unimpacted critical root zone area if they are not within a designated woodland conservation area and if the site has been designed to ensure long-term survival. If the specimen, champion, or historic trees are within a woodland conservation area, additional credit shall not be calculated.

Security: A bond amount equal to the removal and replacement cost of the specimen, champion and historic tree shall be provided prior to permit issuance if the additional credit noted in (A) above is used. The replacement cost shall be calculated by the permittee using the latest edition of the "Guide for Plant Appraisal" prepared by the Council of Tree and Landscape Appraisers. If the tree does not survive construction, mitigation shall be provided as stated in Section 25-120(c)(6)(D). A tree management plan shall be prepared for each specimen, champion or historic tree preserved.

Credit: Woodlands preserved off-site may be credited toward meeting the conservation requirements at a ratio of two acres of off-site preservation for each acre of conservation required (ratio of 2:1). To be eligible for use as woodland preservation, the areas must be designated as woodland on the FSD, the woodland shall not have been harvested in the last five (5) years, and the woodland must be in medium or greater condition with 15% or less of invasive or exotic plants.

Security: Off-site preservation shall be provided in an approved TCP2. Permanent protection such as conservation easements recorded in land records shall be provided in accordance with the Technical Manual.

Credit: Woodlands planted or regenerated off-site may be credited toward meeting the conservation requirements at a ratio of one acre of planting or regeneration for each acre of conservation required (ratio of 1:1).

Security: Off-site planting and regeneration shall be provided in an approved TCP2. Permanent protection such as conservation easements recorded in land records shall be provided in accordance with the Technical Manual. Areas of reforestation shall be separately bonded at an amount equal to the current cost of installation and maintenance of the required plantings. To receive credit for off-site reforestation or natural regeneration a five-year management plan must be prepared as part of the TCP2 following the guidelines provided in the Technical Manual.

Credit: Habitat enhancement projects may receive credit toward meeting the conservation requirements at a rate of up to a half-acre (up to ratio of 0.5:1) of additional credit for each acre of on-site or off-site habitat enhancement provided. Habitat enhancement shall be conducted within woodlands that have already received credit for preservation, afforestation, or natural regeneration.

Security: To receive credit for habitat enhancement a five-year management plan must be prepared as part of the TCP2 following the guidelines provided in the Technical Manual. If the additional credit is sought, habitat enhancement shall be bonded at an amount determined according to the direction provided in the Technical Manual and the proposed management plan activities.

Credit: Landscaping may be credited toward meeting the conservation requirements at a ratio of one acre of planting for each acre of conservation required (ratio of 1:1).

Security: Landscaping credited to meet woodland conservation requirements shall be bonded at an amount equal to the current cost of installation and maintenance of the required plantings.

Credit: Street trees may receive credit toward meeting the conservation requirements by calculating the square footage of tree canopy coverage to be provided in ten (10) years (refer to the Technical Manual for calculations). Street trees must be located on or adjacent to the site and shall be planted by the applicant in order to receive credit.

Security: Street trees credited to meet woodland conservation requirements shall be bonded at an amount equal to the current cost of installation and maintenance of the required plantings by the permittee of the site receiving the woodland conservation credit. Permanent protection such as conservation easements recorded in land records shall be provided in accordance with the Technical Manual.

Credit: Fee-in-lieu may be used to meet the conservation requirements after all other options are exhausted and the appropriate credits generated by a forest mitigation bank in the same watershed are deemed unavailable or there is no other County-owned land available to meet conservation requirements. The fee rate can be adjusted to reflect inflation increases using the base rate of ninety cents ($0.90) per square foot of the conservation requirement within the designated Priority Funding Area and a rate of one dollar and eight cents ($1.08) per square foot of conservation requirement outside the designated Priority Funding Area. These funds shall be placed in the Woodland Conservation Fund. Appropriate credits generated by a forest mitigation bank shall be deemed unavailable if any of the following exist:

Security: Proof of payment of fee-in-lieu to the County based on the development activity proposed shall be provided prior to the issuance of the first permit unless the project is phased. Phased projects shall pay the fee-in-lieu amount for each phase prior to the issuance of any permits for that phase if the entire fee is not paid prior to issuance of the first permit. The TCP2 shall show the breakdown of the fee-in-lieu payment due with each phase.

A woodland conservation bank is defined as a property where specified portions are encumbered to meet the woodland conservation requirements of benefiting projects through the recordation of required documents in the County land records.

A woodland conservation bank:

If a property subject to a land development proposal has met all its requirements on-site and has excess woodland conservation available, the excess woodland conservation may become a woodland conservation bank provided:

Depict the method of woodland conservation on an approved TCP2 that meets all the requirements of this Division and is prepared in conformance with the Technical Manual;

Be protected by required documents recorded in the land records which require the land in the bank to remain as woodland in perpetuity and which are enforceable through an approved TCP;

Limit the use of the land in the bank to those activities which are consistent with woodland conservation such as recreational activities that do not result in vegetation removal; forest stewardship under a forest conservation and management agreement under Tax-Property Article, § 8-211, Annotated Code of Maryland; or activities specified in a Forest Management Plan prepared by a licensed forester and approved by the Planning Director;

Use native plant materials for afforestation;

Meet the woodland conservation area standards contained in this Division and as specified in the Technical Manual;

Retain at least one building site with a minimum area of one acre if the woodland conservation bank includes the entire parcel and developable areas unless a variance has been approved by the appropriate approval authority in accordance with Section 25-119(d);

Not initiate woodland conservation requirements unless the site is subject to this Division through some action of the owner;

Conform to the design criteria contained in Section 25-122 of this Division;

Not approve use of any portion of a woodland conservation bank using afforestation until four years of documented successful growth have been achieved unless the woodland conservation bank owner has posted a bond or alternate form of security; and to ensure that the trees will be cared for and maintained in perpetuity.

Shall provide conditions sufficient to ensure that the woodlands will survive in perpetuity. If afforestation or reforestation are proposed on a site that was previously used for sand and gravel mining or land or rubble filling operations, soil testing shall be performed to develop a soil amendment plan for the planting area to ensure the establishment of woodlands in perpetuity. The soil amendment plan shall be reviewed by the Soil Conservation District and approved as part of the TCP2.

A completed application form as provided in the Technical Manual.

A TCP2 for the woodland conservation bank which contains the information required in the Technical Manual.

Assure that the woodland conservation methods proposed are conducted and maintained in accordance with the approved TCP;

Be in an amount equal to the estimated cost of the work if it is required to be performed by the County in accordance with the requirements of this Division; and

Be in a form and of a content approved by the County.

There is no approved TCP for the subject property except as noted in (d) below;

There are no zoning requirements, Planning Board, Zoning Hearing Examiner or District Council approvals, or decisions pending for the site that would be adversely impacted by the proposed forest harvest;

The environmental setting of a designated historic district or historic resource would not be adversely impacted;

A Forest Management Plan prepared by a licensed forester is submitted with the application for the Numbered Letter of Exemption; and

A Declaration of Intent is submitted that states the property owner's intent to conduct a commercial forest harvest and not to develop the land within five years of the completion of the forest harvest.

Agricultural activities and agricultural support structures.

Properties located in the Chesapeake Bay Critical Area Overlay Zones unless a permit is submitted in conformance with Section 5B-116(a)(2).

The environmental setting of a Historic Site.

Temporary uses listed in the Zoning Ordinance. As determined by the Planning Director.