There is a Heritage Conservation Fund in the Department.

The purposes of the Heritage Conservation Fund are for the State to acquire conservation easements or a fee simple or other interests in: Forestlands; Unique ecological areas of the State; Any area characterized by significant natural scenic beauty; Tidal or nontidal wetlands; Lands in the Chesapeake Bay Critical Area, as defined under § 8–1807 of this article; Any land designated as a unique ecological area under the Natural Heritage Program in the Department; Any wilderness area that remains relatively undisturbed by human encroachment; Lands supporting rare, threatened, or endangered plants or animals; Lands that support diverse ecological communities of plants or animals; Any land whose conversion to development would significantly affect water quality or unique natural habitat; Natural areas that have been designated by the State or submitted by a county for designation as areas of critical State concern under § 5–611 of the State Finance and Procurement Article; and Lands that can be used by the general public for hunting.

The Department may acquire a conservation easement or a fee simple or other interest in any land described under § 5-1502 of this subtitle. The Department shall establish criteria for acquisition of conservation easements and of fee simple and other interests in lands, including a priority system that considers: The ecological uniqueness of the land; The presence of rare, threatened, or endangered plants or animals or diverse communities of plants or animals; The threat to the land by development; Whether the land is in the Chesapeake Bay Critical Area; Whether development of the land will adversely impact water quality or unique natural habitat; Whether a natural area has been designated by the State or submitted by a county for designation as an area of critical State concern under § 5-611 of the State Finance and Procurement Article; and Whether the land is forestland, nontidal wetlands, or tidal wetlands. The Department annually shall consult with the counties of the State: For suggested acquisition of lands; and To coordinate the acquisition projects under this subtitle.

The Department shall manage land or interests in land acquired under this subtitle to ensure: The continued existence of any unique ecological features; The continued survival of any rare, threatened, or endangered plant or animal; The protection of forestlands and wetlands, although timber harvesting may be allowed under an approved forest conservation plan; and The protection of the Chesapeake Bay and its tributaries and of water quality anywhere in the State. To the extent compatible with the management requirements of subsection (a) of this section, the Department may permit recreational opportunities, including access to the Chesapeake Bay and its tributaries: Where feasible; and Where the recreation will not adversely affect the natural state of the land.

Appropriations for the Heritage Conservation Fund may be provided from: Special bond authorization; General funds of the State; and Other sources. Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.

The Board of Public Works shall approve each acquisition of a conservation easement or a fee simple or other interest in property proposed by the Department under this subtitle.