General Policies. The following policies for woodland protection recognize the value of forested land for its water quality benefits and for habitat protection while accommodating the utilization of forest resources where appropriate: Maintain and increase the forested vegetation in the Critical Area; Conserve forests and developed woodlands and provide for expansion of forested areas; Provide that the removal of trees associated with development activities shall be minimized and, where appropriate, shall be mitigated; and Recognize that woodlands are a protective land use and should be managed in such a manner so that maximum values for wildlife, water quality, timber, recreation, and other resources can be maintained, even when they are mutually exclusive. Policies for the Protection of Riparian and Woodland Habitat. The following policies apply to the protection of riparian habitat: Vegetation shall be maintained in its natural condition along all streams to provide wildlife corridors and it shall be established where it does not currently exist. A minimum 100-foot Buffer shall extend landward from the mean high water line of tidal water, and the edge of tributary streams and tidal wetlands. This area is to be conserved for wildlife protection. Wooded non-tidal wetlands should be left in a natural state for wildlife and water quality protection. Woodland areas utilized as breeding areas by forest interior dwelling birds and other wildlife species shall be conserved. Existing riparian woodlands and/or which are documented breeding areas shall be conserved. Process. If a woodland is to be developed or to be harvested, a site-specific field investigation shall be conducted to determine if important sensitive species are present and to make sure that appropriate protection measures are incorporated into the development plan or Forest Management Plan. When development activities are proposed within riparian woodlands or woodland areas utilized as breeding areas by forest interior dwelling birds (FIDS), the Critical Area Commission publication entitled, A Guide to the Conservation of Forest Interior Dwelling Birds in the Chesapeake Bay Critical Area, dated June 2000, and as may be subsequently amended, shall be used as a guide. In addition, the Department of Natural Resources will make specific recommendations based on an evaluation of the site and the proposed development or forest management. The following development standards shall apply: Minimize disturbance during the May-August breeding season (i.e. from off-road vehicles, intensive use or logging). Focus all development or disturbance on the periphery of woodlands (i.e. roads, utility line corridors, structures). Retain the contiguous cover of branches and foliage formed by the crowns of adjacent trees and shrubs underneath the canopy which serve as bird nesting and feeding habitat. Retain standing dead trees (e.g. snag trees) and mature seed trees which serve as bird nesting and feeding habitat. Discourage creation of small clearings and disproportionate expansion of edge habitat. Encourage re-establishment of native forests and woodlands; and Adopt harvest techniques to maintain or improve habitat. The replacement or establishment of forest or developed woodlands should ensure a diversified plant community and should include canopy trees, understory trees, shrubs and herbaceous plants. Native species should be used for all reforestation and afforestation. Fees-In-Lieu of Woodland and Developed Woodland Mitigation. If the planting requirements set forth in Section 5B-114(e), Section 5B-115(e), Section 5B-119 and Section 5B-121. cannot be met, a fee-in-lieu of mitigation shall be collected in accordance with the following standards: Fee-in-lieu monies shall be collected and held in a separate account; Fee-in-lieu shall be assessed at $1.50 per square foot of required mitigation; A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and Fee-in-lieu monies shall be used to support reforestation in accordance with Section 5B-114(k). Enforcement. Unauthorized clearing, cutting, or removal of vegetation; unauthorized clearing in the Critical Area, cutting or removal of vegetation in the Buffer; and clearing, cutting or removal of vegetation in excess of the area permitted to be cleared by this Subtitle are considered a civil violation of this Subtitle and shall result in fines as set forth in Section 5B-111 of this Subtitle and mandatory planting. The Director of Permitting, Inspections, and Enforcement, or the Director's designee, shall have the authority to issue a citation. Unauthorized clearing of natural or developed woodland, and clearing, cutting, or removal of vegetation outside the Critical Area Buffer, including exceeding the maximum area of clearing allowed through an approved Conservation Plan as described in Section 5B-119, shall be replanted at three times the total area of clearing (3:1). Unauthorized clearing of natural or developed woodland, and clearing, cutting, or removal of vegetation within the Critical Area Buffer or other Habitat Protection Areas, including exceeding the maximum area of clearing allowed through an approved Conservation Plan as described in Section 5B-121, shall be replanted at four times the total area of clearing (4:1). When trees or vegetative cover cannot be fully replaced on-site because of existing vegetation, existing development, or the size of the parcel, then a fee-in-lieu of planting may be collected. Fees shall be assessed at $1.50 per square foot of required mitigation. Fines collected from enforcement actions in the Critical Area shall be maintained in a separate account to be used for reforestation or other habitat enhancing efforts. Commercial Timber Harvesting. Commercial harvesting of trees is permitted in the Critical Area with the exception of areas within the Buffer and in Habitat Protection Areas. A Forest Management Plan is required for all commercial harvests regardless of size of the area to be cut. The Plan shall be prepared by a registered professional forester and approved using the process outlined in the Woodland and Wildlife Habitat Conservation Ordinance (Subtitle 25 of the County Code). The plan shall address mitigation through management techniques including scheduling; size and intensity of harvesting; and reforestation and stabilization. Commercial harvesting practices shall be conducted to protect and conserve the Buffer and Habitat Protection Areas.