In this title the following words have the meanings indicated. “County” includes Baltimore City unless otherwise indicated. “Department” means Department of Natural Resources. “Environmental services” means the benefits generated for society by the existence and dynamic development of forests, including: Producing oxygen and removing carbon dioxide from the atmosphere; Regulating the surface and underground flow of water; Providing effective filtration systems for higher water quality; Supporting a myriad of native flora and fauna; and Providing goods and services ranging from forest products to aesthetics. “Forest land” means a biological community dominated by trees and other woody plants that are capable of producing timber or other wood products with a stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or greater diameter at 4.5 feet above the ground. “Forest land” includes forested areas that have been cut but not converted to other land uses. “Forest stewardship plan” means a document written by a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, regarding a parcel of land comprising not less than 5 contiguous forested acres that lists activities that enhance or improve forest resources, including soil, water, timber, recreation, and aesthetics over a 15–year period. “Forestry” or “silviculture” means the science, art, and practice of creating, managing, using, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, including goals for: Clean air and water; Biodiversity; Wildlife habitat; Fiber production; and Recreation. “Forestry practices” means activities conducted to achieve land management objectives. “Forestry practices” includes: Planting; Prescribed burning; Thinning; Pruning; Harvesting; Fertilizing; and Pesticide and herbicide application. “No net loss of forest” means 40% of all land in Maryland is covered by tree canopy. “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. “Secretary” means Secretary of Natural Resources. “Silvicultural product” or “forest product” means any raw material yielded by a forest, including: Timber; Timber products; and Any other forest materials, such as lumber, poles, pulpwood, firewood, and pine straw. “Sustainable forestry” or “sustainable forestry management” means an internationally accepted and applied stewardship concept for the use of forests and forest lands in a manner and at a rate that maintains a forest’s: Biodiversity; Productivity; Regeneration capacity; Nutrient reduction benefits; Vitality; and Ecological, economic, and social purposes at local and national levels that do not cause damage to other ecosystems. “Working landscapes” means: Forest lands that are managed consistently with the requirements of a forest stewardship plan or a forest conservation plan, approved by the Department or a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, that advances sustainable forestry management as defined in subsection (m) of this section; and Agricultural lands that are managed consistently with criteria set forth by the Department of Agriculture.

The General Assembly finds that: Forests, streams, valleys, wetlands, parks, and scenic, historic, and recreation areas of the State are basic assets and their proper use, development, and preservation are necessary to protect and promote the health, safety, economy, and general welfare of the people of the State; Enhancing the extent and condition of tree and forest cover in the Chesapeake Bay watershed is critical to the success in restoring the Chesapeake Bay because forests are the most beneficial use of protecting water quality due to their ability to capture, filter, and retain water, as well as absorb pollution from the air; Forests and trees are key indicators of climate change and can mitigate greenhouse gas emissions by carbon sequestration; Forests provide habitat for hundreds of wildlife species, including habitat needed for rare, threatened, and endangered species; Forests are susceptible to environmental degradation caused by natural threats; Forests, like other open space areas, are under intense development–related pressures for residential, commercial, and industrial conversion due to the demands of a growing population; Trees and forests in urban areas provide multiple benefits, including: Mitigation of urban stormwater runoff into the Chesapeake Bay; Sequestration of carbon; Avoidance of energy–related emissions; Mitigation of air pollutants, such as ozone and particulate matter; Reduction of the urban heat island effect; and Contributions to community livability; Forest land owners, including local government officials responsible for overseeing the management of publicly owned forest lands, could benefit from research–based education outreach programs in order to help facilitate an understanding of sustainable forestry management that is consistent with forest stewardship principles; Forests are a renewable resource that help the State meet its renewable energy goals that are consistent with the State’s: Green power goal for State facilities; Renewable Energy Portfolio Standard; Healthy Air Act; and Maryland Clean Energy Incentive Act of 2006; and This title sets forth Maryland’s vision for sustaining Maryland’s coveted forest lands into the 21st century that is consistent with the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative. It is the policy of the State to encourage the retention and sustainable management of forest lands by: Achieving no net loss of forest; Affording due consideration to the protection and retention of forests in the State through existing land conservation programs where they have the highest value in terms of promoting the State’s compliance with its clean water goals under the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative; Enhancing the retention of privately owned forest lands through research–based educational outreach efforts to landowners by the State’s forest conservancy district boards; Developing financial incentives to encourage landowners to retain and manage their forests sustainably and in a manner that is consistent with a forest stewardship plan, including by allowing landowners to use forests on State lands that are reforested or afforested under Subtitle 16 of this title after July 1, 2022, to satisfy buffer or insurance provisions required by registries or protocols associated with private forest carbon credit transactions; Promoting renewable energy policies and markets with increased emphasis on the use of in–State produced woody biomass; Ensuring dual certification of the State’s forests by the Forest Stewardship Council and the Sustainable Forestry Initiative; Recognizing the importance of: A viable forest products industry to the economies of rural Maryland; Continued development of fiber products; and Maryland’s green infrastructure; and Developing and enhancing programs with a sustainable forestry component, including a forest mitigation banking system, a carbon credit or carbon sequestration program, a clean water credit trading system, an environmental services credit trading program, and a renewable energy credit trading system.

In this section, the term “forestry” includes activities prescribed by a licensed professional forester in accordance with § 7–101 of the Business Occupations and Professions Article. “Forestry” does not include the clearing of land as a prelude to a change in the use of land. Forestry, as prescribed by a person licensed as a forester under Title 7 of the Business Occupations and Professions Article and in accordance with accepted silvicultural principles, as defined by the Society of American Foresters, constitutes a traditional, fundamental, beneficial, and desirable use of the State’s forest resource. Forestry is an important land management tool that contributes significantly to the economy of the State by the support of a vital forest products industry, as well as to the health of forests and their wildlife, water quality, and recreational benefits by the sustainment of forest productivity and wildlife habitats. In Maryland, forestry, including the harvest and transport of forest products, is often carried out in close proximity to populated areas. Other than development for more intensive uses, this harvest of timber may represent a major source of income for the profitable use of private property. Retention, management, and expansion of the State’s forested resources are critical to the health and vitality of the Chesapeake Bay watershed, rural Maryland, and forest resource–based industries. It is the intent of this subsection to: Encourage forestry practices in local comprehensive plans developed in accordance with Title 1, Subtitle 4 or Title 3 of the Land Use Article; and To express the General Assembly’s intent that local planning and zoning restrictions that impact silvicultural practices may not be more stringent than restrictions imposed by State law and regulation. Since it is in the State and public interests to preserve the forest land base and other natural resources, a local government with planning and zoning powers shall support forestry by a reasonable exercise of these powers, including the consideration, development, and interpretation of planning and zoning requirements that beneficially impact the efficient and economic practice of forestry in a manner consistent with the local government’s implementation of the visions listed in § 1–201 of the Land Use Article.

In this section the following words have the meanings indicated. “Construction activity” means work by a constructing agency related to: Construction of or improvements to a highway; or Off–site environmental mitigation related to highway construction. “Constructing agency” means: A unit of State or local government; or Any other person who uses State funding and performs any construction activity with the State funding. “Forest” means a biological community dominated by trees or other woody plants covering a land area of 1 acre or more. “Forest” includes an area that has been cut but not cleared of trees or other woody plants. “Forest mitigation banking” means the intentional restoration or creation of forests undertaken expressly for the purpose of providing credits for reforestation requirements with enhanced environmental benefits from future activities. “Watershed” means all lands lying within an area described as a subbasin in water quality regulations adopted by the Department of the Environment. To accomplish a construction activity involving land clearing, a unit of State or local government or any other person using State funding for the construction project: May cut or clear only the minimum number of trees and other woody plants that are necessary and consistent with sound design practices; and Shall make every reasonable effort to minimize the cutting or clearing of trees and other woody plants. If the total area of forest cut or cleared in connection with a construction activity by a unit of State or local government or any other person using State funding for the construction project equals 1 acre or more, the constructing agency shall locate an equivalent area of State–owned or other publicly owned land to be reforested by the Department at a rate of 10 cents per square foot of the area of required planting. Except as provided in subparagraph (ii) or (iii) of this paragraph, the reforestation projects shall be established on any public land within the county and watershed in which construction activity by a unit of State or local government has caused a loss of trees where the public entity that owns the land agrees to that use of the land. If the reforestation project cannot be reasonably accomplished in the county and watershed in which the construction activity is located, then the reforestation shall occur in the county or watershed in the State in which the construction activity is located, or shall be accomplished by use of credits in a forest mitigation bank in the county and watershed in which the construction activity is located. If the reforestation project cannot be reasonably accomplished in the county or watershed in which the construction activity is located, or by use of credits in the county and watershed in which the construction activity is located, then reforestation may occur by the use of credits in a forest mitigation bank in the county or watershed in which the construction activity is located. The constructing agency shall reimburse the Department for the reforestation activities at an appropriate rate of 10 cents per square foot of the area of required planting. Any land for a reforestation project shall be: If possible, on the site or in the project right–of–way being used for the construction activity; If sufficient area is not available at the site or within the project right–of–way, on State–owned or other publicly owned land in the county and watershed in which the construction activity is located; If the reforestation project cannot be reasonably accomplished in the county and watershed in which the construction activity is located, on State–owned or other publicly owned land in the county or watershed in the State in which the construction activity is located; or If the reforestation project cannot be reasonably accomplished on State–owned or other publicly owned land in the county or watershed in the State in which the construction activity is located, accomplished through use of forest mitigation bank credits in the watershed in which the construction activity is located. If the constructing agency is unable to locate a sufficient amount of State or other publicly owned land or available forest mitigation bank credits to comply with the requirements of subsection (c) of this section, the constructing agency shall contribute money, at the rate of 10 cents per square foot of the area of required planting, to the Reforestation Fund established under subsection (e) of this section. In this subsection, “Fund” means the Reforestation Fund. There is a Reforestation Fund in the Department. The purpose of the Fund is to: Finance the planting of trees on: Land located in the county and watershed in which construction projects giving rise to Fund contributions are located; and Private property on which trees were destroyed by a treatment to destroy plant pests that was applied by the Department of Agriculture; and Finance the prevention of and response to forest health emergencies. The Department shall administer the Fund. The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund. The Fund consists of any money received from contributions by a constructing agency under subsection (d) of this section. Subject to subparagraph (ii) of this paragraph, the Fund may be used only to: Plant trees on land located in the county and watershed in which construction projects giving rise to Fund contributions are located; If reforestation cannot be reasonably accomplished in the county and watershed in which the construction activity is located: Plant trees on State or other publicly owned lands located in the county or in the watershed in the State in which the construction activity is located; or Purchase credits in, establish, or maintain a forest mitigation bank in the county or watershed in which the construction activity is located in accordance with Department regulations; Replace trees, except nursery stock that has not been replanted, that were destroyed by the application of a treatment applied to destroy plant pests under a quarantine imposed by the Secretary of Agriculture, whether or not the quarantine is in effect in the county or watershed where the construction activity occurred; or Finance the prevention of and response to forest health emergencies by: Maintaining the health and vitality of forest land and urban tree canopy; and Preventing or controlling significant forest land and urban tree canopy degradation caused by acts of nature. Except as provided in subsubparagraph 2 of this subparagraph, money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article. The Fund may not be used to finance administrative activities associated with a mitigation bank. Any credits created by the Fund may not be sold to compensate for additional forest impacts. The Department shall accomplish the reforestation for which money is deposited in the Fund within 2 years or three growing seasons after project completion, as appropriate. Money deposited in the Fund under subsection (d) of this section shall remain in the Fund for a period of 2 years or three growing seasons, and at the end of that time period, any portion that is not used to meet the reforestation requirements shall be returned to the constructing agency. The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. Any investment earnings of the Fund shall be credited to the General Fund of the State. Expenditures from the Fund may be made only in accordance with the State budget. Any unit of State or local government that engages in construction activities involving land clearing on forest lands shall consult with the Department to assure compliance with this section: Before cutting in or clearing a forest; and Before locating a reforestation area in accordance with this section. The provisions of this subsection shall also apply to any construction activity by any other person who uses State funding for that activity. The provisions of this section do not apply to any agricultural practice implemented under a soil and water conservation plan. On or before September 30 of each year, the Department or local authority shall submit to the Senate Education, Health, and Environmental Affairs Committee and the House Environmental Matters Committee a report on: The number and location of each construction activity subject to the requirements of this section; The amount and location of acres cleared, conserved, and planted in connection with the activity; and The amount of reforestation fees collected and expended. Forest mitigation banking under this section shall be conducted in accordance with standards adopted under Subtitle 16 of this title. The Department may adopt regulations to implement this section.

In this section the following words have the meanings indicated. “Conserve” means to permanently protect land from development through purchase, donation, a perpetual conservation or an open space easement, or fee ownership in order to preserve the cultural, historical, ecological, or agricultural value of the land. “Program” means the 40 x 40 Land Conservation Implementation Grant Program established under subsection (c) of this section. “Smart Growth Subcabinet” means the Smart Growth Subcabinet established under § 9–1406 of the State Government Article. “Trust” means the Maryland Environmental Trust. It is the intent of the General Assembly that: By 2030, 30% of lands in the State be conserved; and By 2040, 40% of lands in the State be conserved. The conservation goals established under paragraph (1) of this subsection shall be accomplished through multiple efforts, including: Working with local communities, counties, municipalities, American Indian communities, and private landowners to conserve natural places and resources; Improving access to nature for all individuals in the State, including communities of color and economically disadvantaged communities; Sequestering carbon and greenhouse gas emissions in the lands and waters of the State; Increasing public incentives for private landowners to voluntarily conserve and protect areas of demonstrated conservation value and areas that have a high capacity to sequester carbon and greenhouse gas emissions; Focusing conservation work at a large landscape scale that is biologically and ecologically meaningful; Preventing the extinction of native plant and animal species by recovering and restoring the species; Stabilizing ecosystems and ecosystem services, restoring degraded ecosystems, and maintaining ecological functions; and Increasing economic opportunities for farmers, ranchers, fishers, and foresters. The Trust shall administer a 40 x 40 Land Conservation Implementation Grant Program to support implementation of the goals established under subsection (b) of this section. Program grants shall: Be awarded each year on a competitive basis to a nonprofit organization that focuses on supporting the permanent conservation of the lands of the State; and Provide at least: $150,000 to the grant recipient for the purpose of providing tools and resources, organizational support, and capacity building to local land trusts; and $100,000 to the grant recipient for the purpose of providing statewide educational conferences and trainings for local land trusts on the topics of easement acquisition, conservation programs and tools, land management and stewardship, and other relevant subjects. In fiscal year 2025 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of $250,000 to the Trust for the purpose of providing the grants required under this subsection. In order to meet the conservation goals established under subsection (b) of this section, the Smart Growth Subcabinet, in coordination with relevant stakeholders, shall: Coordinate the actions of State agencies, local governments, and nongovernmental partners; On or before July 1, 2024, develop and publish a plan to meet the State’s conservation goals and update the plan as needed, but not less than every 5 years thereafter; and On or before December 1, 2024, and each December 1 thereafter, report to the Senate Education, Energy, and the Environment Committee and the House Environment and Transportation Committee, in accordance with § 2–1257 of the State Government Article, on the State’s progress toward meeting the conservation goals. The Smart Growth Subcabinet shall make the annual report required under paragraph (1)(iii) of this subsection available on its website.