In this chapter, the following terms have the meanings indicated. Terms Defined. “Commissioned officer” means a forest or park warden, or a forest or park ranger, having the authority stated in Natural Resources Article, §5-206, Annotated Code of Maryland, or a Natural Resources police officer having the authority stated in Natural Resources Article, §1-204, Annotated Code of Maryland. “Department” means the Department of Natural Resources. “Developed areas” means those areas within a State forest having permanent facilities and the areas surrounding those facilities. “Director” means the Director of the Department of Natural Resources — Forest Service, or the Director’s authorized representative. “Fireworks” means combustible, implosive, or explosive compositions, substances, combinations of substances, or articles that are prepared to produce a visible or audible effect by combustion, explosion, implosion, deflagration, or denotation. Forest Officer. “Forest officer” means a commissioned officer. “Forest officer” includes: Forest manager; Rangers; and Other personnel employed by the State to manage and regulate the use of the State forest. Off-Road Vehicle. “Off-road vehicle” means a motorized vehicle designed for or capable of cross-country travel on land, water, snow, ice, marsh, swampland, or other natural terrain. “Off-road vehicle” includes: A four-wheel drive or low pressure tire vehicle; Automobiles; Trucks; Motorcycles and related two-wheel vehicles; Amphibious machines; Ground effect or air cushion vehicles; and Snowmobiles. “Service” means the Department of Natural Resources — Forest Service. “State forest road” means a road on or adjacent to the State forest maintained or constructed and maintained by the Service. “Undeveloped areas” means those areas within a State forest not having permanent facilities. Vehicle. “Vehicle” means a mode of transportation by which an individual or property may be transported on a waterway or highway. “Vehicle” includes: Vessels; Trailers; Automobiles; Trucks; Buses; Mopeds; Animals; Animal-drawn vehicles; and Bicycles. Vessel. “Vessel” means any type of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water or ice. “Vessel” includes: The vessel's motor, spars, sails, and accessories; and Ice boats. The State forest system consists of the following areas in §B of this regulation, as delineated on maps filed in the Office of the Secretary of Natural Resources. Names and Locations of State Forests. The general locations of State-owned forests are listed below by county: Allegany — Green Ridge; Cecil — Elk Neck; Caroline — Eastern Shore Tree Nursery; Charles — Doncaster Demonstration; Charles and Prince George's — Cedarville; Garrett — Potomac; Garrett; Garrett and Allegany — Savage River; Harford — Stoney Demonstration; St. Mary's — Salem; St. Inigoes; Worcester — Pocomoke River. Unless otherwise posted, hunting and trapping: Are permitted during the regular open hunting and trapping season; and Shall be conducted in conformity with State law. The Director may regulate specific areas, seasons, methods of harvest, and species hunted in accordance with State and federal law. Except by written permit, an individual may not trap or attempt to trap on lands owned or controlled by the Department. The permit shall be issued by the Director. Baiting Prohibited. Except by written permit issued by the Service, on any State-owned or State-controlled properties open to public hunting, an individual may not place or cause to be placed or scatter or distribute: Shucked or unshucked corn, wheat, or other grain; Salt; or Other feed. An individual may not hunt, shoot, or kill, or attempt to hunt, shoot, or kill, game birds or mammals by the aid of bait, on or over a baited area. Permanent Blinds and Tree Stands. The blinds or tree stands that an individual is permitted to erect on land owned or controlled by the Service are those brought in and taken with the individual each day. This does not prevent hunting at natural stands of vegetation present and uncut at the hunting site. Except by written permission from the Service, an individual may not use or construct permanent blinds or tree stands on lands owned or controlled by the Service. Reed grass (Phragmites australis) may not be used for the construction of blinds on lands owned or controlled by the Service. Definition. In this regulation, “weapon” means: A device capable of propelling a projectile at high velocity by mechanical means, by explosion, or by expanding gas, including but not limited to a firearm, crossbow, or longbow; A dirk knife, bowie knife, switchblade (except penknives without switchblades), sand club, metal knuckles, razor, or nunchaku; or A device capable of: Inflicting death or bodily harm to an individual, Maiming or destroying wildlife, or Destroying property. Except as provided in §§C and D of this regulation, possession or use of weapons or firearms by an individual other than a law enforcement officer is prohibited in all State forests. Target shooting is permitted only at designated shooting ranges. The regulations governing the use of these ranges shall be posted and strictly observed. Except when legally hunting or legally target shooting, an individual may not discharge a firearm on land or waters owned or controlled by the Service. Firearms shall be unloaded, and arrows kept in a quiver or case, when in a State forest campsite. Except in a posted area, an individual may fish in the waters of a State forest for finfish, if the individual complies with the State fishing laws. Permit. Fishing for other than finfish is by permit only. A permit may be issued by the Director. This regulation does not apply to employees of the Department on official business. The Director may, by notice, close certain areas of State forests to public entry and travel. An individual or vehicle may not enter or remain on lands or waters owned or managed by the Service after posted hours of closing to public use. A vehicle remaining on lands or waters after the posted hours for closing to public use, or on areas closed to public entry, may be removed and placed in storage at the owner's expense. Unless posted as prohibited, an individual may wade or swim in State forest waters. Camping in State forests is by permit issued by a forest officer. The permit shall specify the place and time period for camping. An individual may not use the property or resources of a State forest for commercial gain without obtaining a permit from the Service. Permits may be issued by the Director. Unless a permit is obtained from the Service, an individual may not sell, hire, or lease an object of merchandise, or a vessel or vehicle designed or used for the transportation of passengers or property. An individual shall obtain a permit from the Service before kindling, building, maintaining, or using an open fire within a State forest. A fire permit may be revoked at any time by a forest officer. A fire shall be continuously under the surveillance of a competent individual 16 years old or older. A fire shall be extinguished before the responsibility of the permittee ends. An individual may not discard a burning object within a State forest. Unless a permit is obtained from the Service, an individual may not erect or post a sign, notice, or literature in a State forest. Except in containers provided by the Service, an individual may not deposit garbage, sewage, waste, foodstuffs, paper, or other litter in a State forest. An individual may not deposit in Service-provided containers garbage, sewage, foodstuffs, paper, or other litter originating from a private residence, commercial business, or other source outside of State forest boundaries. This regulation does not apply to forest personnel in the performance of their duties. Except as authorized in Regulation .03 of this chapter and §§C and D of this regulation, an individual may not remove, disturb, damage, or destroy any plant, rock, mineral, or animal in a State forest. Timber, firewood, or other forest products may be taken from a State forest after a permit has been obtained from the Service. Samples of flora or surface rocks may be taken for educational or research purposes after a permit has been obtained from the Service. The collection or possession of animals shall be in accordance with Natural Resources Article, §10-902, Annotated Code of Maryland, and COMAR 08.03.08. The use of State forest roads is subject to the provisions of the laws of Maryland and the regulations of the Service. Roads may be closed to traffic when this action is considered necessary by a forest officer. Instructions from a forest officer to reduce the speed of a vehicle, to bring it to a stop, or to alter its direction, shall be obeyed immediately by the driver when traveling a State forest road. Traffic on State forest roads is subject to State motor vehicle laws. The following acts are prohibited on State forest roads not under the jurisdiction of the State Highway Administration or a county: Driving or parking a vehicle within or on a safety zone, walk, or other area not designated and customarily used for vehicular traffic; Except for the time required to receive or discharge passengers, permitting a vehicle to stand outside a designated parking space; Permitting a vehicle to obstruct traffic by unnecessary stopping; Driving a vehicle over a State forest road at a speed greater than the posted limit; Riding an animal, or driving or parking an animal-drawn vehicle, in a developed area without permission of the Service; Driving a vehicle over a State forest road in violation of traffic control devices placed by the Service; Permitting a vehicle to stand, park, or remain in a State forest area after posted closing hours; and Permitting a vehicle to be parked or remain in a parking space exceeding the posted time limit without paying the parking fees. Parking Violations. Fines or penalties for parking violations shall be paid directly to the Service. An individual issued a citation for a parking violation may elect to stand trial by notifying the Service. An illegally parked vehicle may be removed and placed in storage at the owner's expense. An individual may not make use of, or gain admittance to, a facility or activity in a State forest for which there is a fee, unless the fee is paid. Except under special permit or lease from the Service, grazing of cattle, horses, sheep, goats, or other domestic animals is not allowed in a State forest. Pets shall be kept under reasonable control consistent with the safety of forest users and forest wildlife. An individual with a pet shall prevent the pet from biting individuals. Pets may not be permitted to disturb forest wildlife outside of hunting activities. The policy of the Service is to safeguard the archeological resources under its care. The guidelines in §§B and C of this regulation shall be followed. Without permits from the Office of Archeology, Maryland Historical Trust, Department of Housing and Community Development, and the Department, an individual may not dig in search of buried relics or treasures, remove prehistoric or historic artifacts, or use metal detectors, except as provided in §D of this regulation, within the boundaries of lands, beaches, or under waters controlled by the Service. Permits are issued to archeologists and other qualified individuals who present a plan for scientific investigation to be carried out under provisions of the Maryland Archeological Historic Properties Act, Article 83B, §§5-623—5-628, Annotated Code of Maryland. Copies of the law and application for permit can be obtained from the Chief, Office of Archeology, Maryland Historical Trust, 100 Community Place, Crownsville, MD 21032. An exception to the permit requirements of this regulation is for the use of metal detectors in the search for modern coins, jewelry, and other similar items on designated swimming beaches operated by the Service. An individual younger than 21 years old may not consume, transport, or possess intoxicating beverages within a State forest. An individual may not consume or possess an open container of an intoxicating beverage on a parking lot, roadway, trail, or other designated area within a State forest. The Director may prohibit intoxicating beverages in an area of a State forest. An individual may not act in a disorderly manner in a State forest by: Making loud and unseemly noises or profanely cursing, swearing, or using obscene language; Indecently exposing their person or performing any indecent act; Throwing missiles, to the annoyance of the public; Interfering with, encumbering, obstructing, or rendering dangerous any public place; Engaging in, instigating, or encouraging a confrontation or fight; Operating a generator or electronic equipment, or playing a musical instrument at a sound level annoying to other forest users, with the use of these prohibited after posted hours of permissible operation; or Causing a disturbance of the public peace. An individual shall obey a reasonable or lawful order of a forest officer or other commissioned officer in connection with the enforcement of Natural Resources laws, regulations, or other State laws. Without a permit, an individual may not possess or use fireworks or other explosive or combustible devices intended for the creation of a display of noise, light, or smoke in a State forest. Bow and Arrow Range. The following restrictions apply on field archery courses established by or with the permission of the Service: Only field tip or blunt arrows shall be used; An individual may shoot only at established targets; and An individual may not use the range outside the posted hours of operation. The Director may establish regulations for the use of the range. Firearms Range. The following restrictions apply on firearms ranges established by or with the permission of the Service: The number of shooters using a range may not exceed the posted range capacity; Shooting is permitted at paper targets only; A target may not be placed on a portion of the baffle and shall be located 3 to 4 feet from ground level; Fully automatic weapons are prohibited; and An individual may not use the range outside the posted hours of range operation. An individual younger than 18 years old shall be accompanied by an adult when shooting. Private encroachments are prohibited on State forest land. Encroachments include, but are not limited to: Fences; Walls; Dog runs; Dog houses; Storage structures; Driveways; Compost piles; Swimming pools; Tree houses; Play houses; Woodpiles; Gardens; Play equipment; Television or radio reception devices; and Other devices, structures, refuse, or material. Private mowing, clearing, application of chemicals, and other maintenance activities are prohibited on State forest lands. Exceptions to this regulation may be issued by the Director to lessees of the State and to private concerns when an activity is in the best interest of the State. The Service may restrict the use of bicycles and electric bicycles, subject to COMAR 08.01.10, and animals on certain trails in a State forest. After obtaining a permit from a forest officer, special equipment such as chain saws or other motorized equipment may be used. Machinery powered by gasoline, diesel, or other combustible substances shall be equipped with a satisfactory spark arrestor to prevent a fire hazard. Natural Resources Article, §5-209, Annotated Code of Maryland Effective date: July 3, 1974 (1:1 Md. R. 68) Regulations .01, .02A and B, .04, .06, .15C, .16, .17A and D, .19, and .20 amended effective April 26, 1982 (9:8 Md. R. 821) Regulation .01B amended effective July 16, 1984 (11:14 Md. R. 1249) Regulation .04B amended effective February 19, 1990 (17:3 Md. R. 296) Regulation .04E adopted effective February 19, 1990 (17:3 Md. R. 296) Regulation .04-1 adopted effective February 19, 1990 (17:3 Md. R. 296) Regulation .04-2 adopted effective February 19, 1990 (17:3 Md. R. 296) Regulation .16B amended effective February 25, 1985 (12:4 Md. R. 359) Regulation .20 amended effective September 12, 1983 (10:18 Md. R. 1607) Regulation .21 repealed effective April 26, 1982 (9:8 Md. R. 821) Regulations .21— .26 adopted effective April 26, 1982 (9:8 Md. R. 821) Regulations .01— .26 repealed and new Regulations .01— .26 adopted effective October 11, 1993 (20:20 Md. R. 1567) Regulation .01B amended effective March 23, 2009 (36:6 Md. R. 489); February 15, 2016 (43:3 Md. R. 271) Regulation .02B amended effective March 23, 2009 (36:6 Md. R. 489); February 15, 2016 (43:3 Md. R. 271) Regulation .03B, C amended effective March 23, 2009 (36:6 Md. R. 489) Regulation .03D amended effective March 11, 2019 (46:5 Md. R. 305) Regulation .04E adopted effective August 1, 1994 (21:15 Md. R. 1303) Regulation .05B amended effective March 23, 2009 (36:6 Md. R. 489) Regulation .06B amended effective March 23, 2009 (36:6 Md. R. 489) Regulation .09A amended effective March 23, 2009 (36:6 Md. R. 489) Regulation .17 amended effective March 11, 2019 (46:5 Md. R. 305) Regulation .19C amended effective March 23, 2009 (36:6 Md. R. 489) Regulation .23A amended effective March 23, 2009 (36:6 Md. R. 489) Regulation .24C amended effective March 23, 2009 (36:6 Md. R. 489) Regulation .25 amended effective May 25, 2026 (53:10 Md. R. 454) The purpose of these regulations is to implement Natural Resources Article, §§5-401—5-406, Annotated Code of Maryland, to ensure the proper care of roadside trees in the interest of promoting and maintaining healthy trees and safe, unobstructed, and aesthetically pleasing public roads and rights-of-way. In this chapter, the following terms have the meanings indicated. Terms Defined. “Director” means the Director of the Department of Natural Resources — Forest Service, or the Director’s authorized representative. “Dripline” is a line extending from the outer reaches of a tree crown vertically to the ground. “Forest Service” means the Maryland Forest Service. “Licensed tree expert” means a person licensed under Natural Resources Article, §5-415 et seq., Annotated Code of Maryland. “Person” includes the State, a county, municipal corporation, or other political subdivision of the State, or their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or a partnership, firm, association, public or private corporation, or other entity. “Pesticide” means a: Chemical or biological preparation used to kill, inhibit, or regulate growth on targeted plants, their spores or seed, including: Herbicides, Insecticides, Tree growth regulators, and Fungicides; Substance or mixture of substances intended for: Preventing, destroying, repelling, or mitigating pests, Use as a plant regulator, defoliant, or desiccant, or Use as a spray adjuvant such as a wetting agent or adhesive. “Public road” means a road the title to which, or the easement for the use of which, is vested in a public body or governmental agency. “Recommended tree list” means a list of trees approved by the Forest Service and those recommended by the Forest Service that are suitable for planting on specific sites and for specific conditions within the right-of-way of a public road. “Right-of-way of a public road” means that land the title to which, or an easement for which, is held by the State, county, or a municipality for use as a public road. “Roadside tree” or “tree” means a plant that has a woody stem or trunk that grows all, or in part, within the right-of-way of a public road. “Roadside tree care expert” means an individual representing a governmental agency who: Is designated to supervise that government's roadside tree planting and maintenance operations; Has passed the Forest Service's examination for Roadside Tree Care Experts; and Has been approved by the Forest Service as qualified to supervise that government's tree care program. “Tree care” means: Removal of a roadside tree; Planting or maintenance, or both, of a roadside tree; Application of pesticide to a roadside tree; or Treatment that may affect the health or growth of a roadside tree. “Tree care crew” means a unit from a public or private entity whose purpose is to maintain roadside trees as defined in §B(10) of this regulation, characterized by a service truck and supervised by a licensed tree expert. “Tree care standards” means tree care approved by the Forest Service and in accordance with the roadside tree care standards set forth in Regulations .07—.09 of this chapter. In this chapter, the following document is incorporated by reference. Document Incorporated. American Standard for Nursery Stock, ANSI Z60.1-2014, Approved April 14, 2014. A person may cut down or prune a roadside tree without a permit if the tree: Is uprooted or its branches are broken to contact telephone, telegraph, electric power, or other wires carrying electricity, or if the tree or its branches are an immediate danger to person or property; or Stands within the right-of-way of a public road which has not been surfaced with either stone, shell, gravel, concrete, brick, asphalt, or other improved surface material, and only if the tree is cut down and removed by, or at the request of, the abutting landowner for the landowner's own use. Except as provided in §A of this regulation, a person shall obtain a permit to perform tree care to a roadside tree. A person providing tree care under §A(1) of this regulation shall inform the Forest Service, by calling or writing within 1 week of the action taken, of the place or general area where that action was taken, and provide a proposed plan to upgrade the work, if necessary, to tree care standards. The Forest Service shall approve, modify, or reject a proposed plan within 2 weeks after an examination of the work. Roadside tree care permits are of two types: Permits issued for a specific tree or group of trees for specific tree care operations for a term not exceeding 1 year from the date of issuance; and Permits issued for comprehensive and continuing programs of general tree care such as those administered by State agencies, counties, municipalities, corporations, and public utilities. Permits issued under §A(2) of this regulation are issued only for specified types of tree care, based upon the skills of those supervising the program. For tree care not authorized in a permit issued under §A(2) of this regulation, a permittee shall obtain a separate tree care permit. Permits are issued for a calendar year, and may be renewed upon application. A request for a roadside tree care permit: May be made by: A person owning title to the land on which the tree or trees are located, A governmental entity possessing an easement for the public road right-of-way in which the tree or trees are located, A person responsible for providing tree care to the tree or trees, A person whose property abuts the right-of-way at the point at which the tree or trees are located, A public utility, or An authorized agent of one of the entities in §A(1)(a)—(e) of this regulation; and Shall be made by an applicant to the appropriate office of the Forest Service. For permits authorizing continued tree care programs under Regulation .04A(2) of this chapter, an examination is necessary only as specified in the permit. An examination is not required for the renewal of the permit. The Forest Service may issue a permit for tree care if the applicant shows that the proposed tree care will meet one of the following conditions: Eliminate a hazard to property, public safety, or health; Improve or prevent a deteriorated tree condition; or Improve the general aesthetic appearance of the right-of-way. Unless exempted by the Forest Service, if a tree is removed it shall be followed by replanting of a species on the recommended tree list that is suitable to the location. Roadside tree care permits shall specify: The name and address of the permittee; The area where the tree care will occur; The particular tree or trees involved; The type of tree care permitted; The term of the permit; Whether supervision of the tree care is required; and Limitations or conditions on the tree care or planting considered advisable by the Forest Service. If the Forest Service denies a permit, the Forest Service shall notify the applicant of the reasons for denial within 10 days of receipt of the application for the permit. The Forest Service may: Modify the terms and conditions of a permit in accordance with provisions and objectives of the roadside tree care laws and regulations; or Suspend or cancel a permit for a violation of a: Condition of the permit, or Provision of Natural Resources Article, §5-401 et seq., Annotated Code of Maryland, or implementing regulation. Request for Hearing. A person whose request for a roadside tree care permit is denied, or whose roadside tree care permit is suspended or revoked, has the right to be heard regarding the denial or suspension or revocation of the permit, after submitting a request in writing not later than 10 days after the date on which the denial or suspension or revocation notice is served. The Director shall schedule a hearing within 10 days from receipt of a request and render a decision within 10 days from the date of the hearing. Fees for roadside tree care permits are calculated according to the following schedule: If Forest Service supervision of the proposed tree care is required for a permit under Regulation .04A(2) of this chapter, the fee for issuing the permit, and for supervising work authorized by the permit, is: $2,500 per year per tree care crew, or $250 per month per tree care crew; The fee for issuing the permit and for supervising work authorized by the permit under Regulation .04A(1) of this chapter is $25; and A fee is not required for a tree care permit issued to an applicant that is a government agency. If a permit request is denied, a fee is not required. Billing for tree care crews is made either annually or quarterly, at the option of the tree care crew. General Requirements. Unless the Forest Service grants an exception, treatment of roadside trees authorized by permit shall be performed according to the following standards: Branches to be removed shall be cut back to a live lateral branch at least 1/3 the diameter of the severed branch; Cuts shall be made sufficiently close to the trunk or parent limb without cutting into the branch collar or leaving a protruding stub; Proper pruning techniques shall be followed at all times; Except when directed by the Forest Service, pruning cuts shall be left unpainted for aesthetic reasons; If the painting of cuts is required, only materials nontoxic to the cambial layer shall be used; Dangerous deadwood and broken limbs which are located within the scope of the work as defined in the permit shall be removed; Except when authorized by the Forest Service or when the tree is being removed, climbing hooks or spurs are prohibited; Chips resulting from roadside tree care may: Be broadcast on a right-of-way except in ditches, waterways, turf, and surfaced areas, and Not exceed 6 inches in depth on the right-of-way; The wrapping or winding of cable, wires, and other attachments around a tree, fastening attachments to a tree to bruise or injure a tree, or cavity work performed on a tree, is prohibited; and When trees are removed, replacement of those trees according to a plan may be required by the Forest Service. Tree Clearance for Overhead Facilities. In addition to the requirements of §A of this regulation, a person who trims a tree to provide clearance for utility wires, cables, or other facilities shall: Allow sufficient clearance for 2 years growth normally expected after trimming, unless otherwise directed by the Forest Service; Take into account the health of the tree; and Make proper cuts that direct growth away from overhead wires and facilities in compliance with safety standards and government regulations. If a trimmed tree dies within 1 year or is in poor condition of growth as a result of that trimming, the permittee shall, if required by the Forest Service, remove the tree and plant replacement trees. Replacement trees shall be: Furnished by the permittee; In good condition; Of a recommended size and species; and Properly planted at locations to be determined by the Forest Service. Ground Disturbance Requirements. The requirements set forth in this section: Are intended to protect roadside trees during construction, installation, and maintenance of a structure requiring excavation; Apply to underground utilities such as: Sewers, Water and gas pipes, Storm drains, Electric, telephone, and television cables or conduits, Sidewalks, Driveways, or Roadways or similar structures. A permittee shall take all necessary measures to protect roadside trees from damage during construction and associated activities. Damage sustained by a tree, such as broken limbs, roots, or scarred trunks, including compaction damage, shall be repaired by the permittee. The Forest Service shall supervise the measures taken to protect and repair roadside trees under this section. Protection of Tree Roots. When an underground project subject to §C of this regulation encounters the roots of a roadside tree, a permittee, in accordance with the guidelines in §D(2)—(15) of this regulation or other criteria approved by the Forest Service, shall tunnel or bore under the tree or modify the project to protect the tree's root system. For trees under 6 inches in diameter as measured 4 1/2 feet above average ground level, all machine digging shall stop at the dripline of the tree, or where specified by the Forest Service. For trees over 6 inches in diameter as measured 4 1/2 feet above average ground level, all machine digging shall stop when roots of 1 inch or more in diameter are encountered, or when specified by the Forest Service. Roots 1 inch or more in diameter may not be cut without approval of the Forest Service. A tunnel or other method of modification of the project under or around the tree shall be used if considered necessary by the Forest Service. The procedure noted in §D(5) of this regulation also shall be used to approach the tree from the opposite side. At least 24 inches of undisturbed earth shall remain over the tunnel or bore, or above other type of installation. For operations using shallow trenching techniques up to 12 inches deep, care shall be taken to minimize root damage and protect the trunk of the tree. Roots 1 inch or larger, damaged during construction, shall be sawed off close to the tree side of the ditch. Clean cuts shall be made at all times. Installations affecting roadside trees shall be completed in as short a time as possible to prevent the drying out of exposed roots. If considered necessary, the exposed root area within the ditch shall be watered and fertilized as directed by the Forest Service. Tunnels shall be refilled and the soil tamped tightly to original firmness. Trenches shall be filled to achieve and maintain original grade. Excess soil shall be removed from the site or disposed of as directed by the Forest Service. Unless otherwise directed by the Forest Service, the ground shall be fertilized and reseeded, cover shall be restored, and other procedures shall be followed as necessary to prevent erosion around trees. Violations of Roadside Tree Standards. The Forest Service may require a person who fails to comply with §C or D of this regulation to: Remove and replace a tree which dies within 1 year after the treatment activity is completed; Document for 3 years the condition of a tree which shows decline within 1 year after the treatment activity is completed; and Remove and replace a tree which dies after 3 years following the completion of the treatment activity, if the tree has been the subject of the documentation in §E(1)(b) of this regulation. The value of a tree to be replaced is determined as of the date of the violation. The use or application of a pesticide to a tree on a public road right-of-way in the State is controlled as follows: A person applying a pesticide to a roadside tree shall have acquired certification and licensure required by the Maryland Department of Agriculture and shall adhere to regulations in COMAR 15.05.01; A person applying a pesticide shall apply only those pesticides registered for that use by the U.S. Environmental Protection Agency and the Maryland Department of Agriculture, and shall follow the manufacturer's label directions for proper use; Before the time of pesticide application, the Forest Service shall be notified by a permittee of the approximate time and place of application; Except when authorized by the Forest Service, a tree may not be treated with herbicides unless it is 6 feet or less in height; Dead plant material resulting from the application of an herbicide shall be removed if necessary for aesthetic or safety reasons, or both; Reasonable precautions shall be taken to: Avoid the use of herbicides on vegetation which contributes to soil retention, particularly at highway cuts and fills and other areas with steep slopes, and Prevent the pollution of streams, and damage to adjoining properties. Trees to be planted on a public road right-of-way are subject to the conditions in §§B and C of this regulation, in addition to conditions imposed by local ordinances. Trees shall be of a species and variety from the recommended tree list, and shall conform to the American Standard for Nursery Stock. Roadside tree planting shall comply with a planting plan approved by the Forest Service, which may include: Stump removal; Size and type of planting stock; Planting specifications; Spacing; Species; Proximity to overhead wires; Care and maintenance; and Other site considerations. Noncompliance with the provisions of this regulation constitutes a violation of law subject to the penalties provided in Natural Resources Article, §5-1301, Annotated Code of Maryland. Natural Resources Article, §§5-209 and 5-406, Annotated Code of Maryland Effective date: March 16, 1977 (4:6 Md. R. 505) Chapter revised effective February 9, 1979 (6:3 Md. R. 149) Regulation .06A amended effective June 27, 1980 (7:13 Md. R. 1277); September 1, 1980 (7:17 Md. R. 1669); July 5, 1982 (9:13 Md. R. 1350); June 30, 1986 (13:13 Md. R. 1490); March 20, 1989 (16:5 Md. R. 627); September 2, 1991 (18:17 Md. R. 1918) Regulation .07A amended effective July 5, 1982 (9:13 Md. R. 1350) Regulation .07A, C amended effective October 22, 1984 (11:21 Md. R. 1810) Regulations .02—.09 repealed and new Regulations .02—.09 adopted effective January 31, 1994 (21:2 Md. R. 97) Regulation .02B amended effective July 5, 2004 (31:13 Md. R. 993); March 23, 2009 (36:6 Md. R. 489); February 15, 2016 (43:3 Md. R. 271) Regulation .02-1 adopted effective July 5, 2004 (31:13 Md. R. 993) Regulation .02-1B amended effective September 26, 2005 (32:19 Md. R. 1588); February 15, 2016 (43:3 Md. R. 271) Regulation .05 amended effective September 26, 2005 (32:19 Md. R. 1588) Regulation .06A amended effective July 5, 2004 (31:13 Md. R. 993) Regulation .09B amended effective July 5, 2004 (31:13 Md. R. 993) In this chapter, the following terms have the meanings indicated. Terms Defined. “Conservation purposes” includes soil erosion, watershed protection, fiber production, windbreaks, Christmas tree production, sound barriers, and wildlife habitat development, but does not include planting of trees for ornamental purposes. “Department” means the Department of Natural Resources — Forest Service. “Forest Conservation and Management Agreement” means an agreement between the Department and a woodland owner of 5 or more contiguous acres which sets the conditions by which a woodland owner may enter and remain in the management program. “Forest Conservation and Management Program” means a program developed pursuant to the authority provided in Tax-Property Article, §8-211(p), Annotated Code of Maryland, which is designed to encourage landowners of Maryland to keep and develop land for productive woodland purposes. “Secretary” means Secretary of the Department of Natural Resources. Limitation. The Department may sell trees and seedlings produced at the Maryland Forest Tree Nursery only for conservation purposes. Requirements. A representative of the Department shall develop a tree-planting plan and examine the planting site of trees planted for conservation purposes. Windbreaks, other than those placed to protect cropland soil from wind erosion, and sound barriers shall be at least four rows of trees wide, and the individual rows of trees shall be staggered. All trees and tree seedlings, cuttings, and wildlife shrubs shall be planted in the State, unless exempted by the Secretary. All trees for roadside planting shall be planted on public road rights-of-way or other public lands. A tree-planting plan shall be developed by a representative of the Department before the trees are allocated. A report of the planting shall be furnished by the planter when requested by the Department. The planting shall be protected as far as possible from fire, grazing, and trespass. Trees may not be sold or offered for sale with the roots attached for removal from the land as live or ornamental trees. Purpose. The purpose of these regulations is to recover the cost involved in administering the Forest Conservation and Management Program. Definitions. For the purpose of this regulation: “Assistant Secretary” means Assistant Secretary of Land Resources; and “Woodland owner” means the owner of at least 5 contiguous acres of land dominated by trees and other woody vegetation. Charges for Participating in a Forest Conservation and Management Agreement. Except as provided in §C(2) of this regulation, a woodland owner shall pay a nonrefundable fee for participating in the Forest Management Program as follows: Upon application, an entry fee of $50; An inspection fee every 5 years of $100; and An amendment fee of $100 for each amendment to the agreement. The fees required under §C(1)(b) and (c) of this regulation do not apply when: The Department prepares a Forest Stewardship Plan, as defined in Natural Resources Article, §5-101(f), Annotated Code of Maryland, for submission with an inspection report or amendment; and The applicant pays the Department the plan preparation fee provided in COMAR 08.07.05.05B(1). Agriculturally Assessed Woodland. If woodland for which a Forest Conservation and Management Agreement is requested is subject to an agricultural assessment at the time application is made and has at any time been subject to an assessment other than an agricultural assessment, the Assistant Secretary may base the entry fee on the higher of the two assessments. Charges for Inspections. A Forest Conservation and Management Agreement shall contain a provision which requires that inspections to determine compliance with the Agreement shall be made at least once every 5 years by a representative of the Department. Failure to allow an inspection by the Department to be conducted or to reimburse the Department for costs shall invalidate the Agreement, and result in a reassessment. Definition. “Commercial forest land” means land that is: Capable of growing more than 20 cubic feet of wood per acre per year; and Available for the application of scientific forest management practices for the primary purpose of growing and harvesting forest tree species. Purpose. These regulations apply to all reforestation and timber stand improvement practices conducted for the purpose of growing and harvesting forest tree species on 3 to 1,000 acres of land which is, or will become, a portion of commercial forest land which totals from 3 to 1,000 acres, owned or leased. These regulations do not apply to practices related to the establishment or production of ornamental and Christmas trees. Practices. Reforestation includes the planting of open ground, the replanting of harvested forest land and the establishment of natural regeneration through natural seeding or sprout regrowth. Reforestation includes the planting of seedlings to supplement natural growth, using a combination of mechanical or chemical site preparation methods, prescribed burning, planting, seeding, seedling release and animal control methods. It will result in the establishment of 400 or more healthy sprouts and seedlings per acre of commercially desirable species, well spaced and free to grow. Timber stand improvement includes any combination of accepted forestry practices, as described in Natural Resources Article, §5-219(a)(3), Annotated Code of Maryland, which are necessary to maintain or improve the rate of growth, tree form, tree quality, stand health or stand composition, which are of a long term nature, not designed solely to insure regeneration or which do not result in immediately saleable forest products. To receive certification, all practices may not be less than 3 acres and not more than 1,000 acres in size and be conducted pursuant to a plan prepared by a professional forester licensed by the State. Chemicals shall be applied as specified by label instructions and in accordance with standards established by the Maryland Department of Agriculture. The growth and culture of ornamental and Christmas trees are not acceptable practices. Costs. During the year of initial certification, a taxpayer may subtract all direct costs of reforestation and timber stand improvement, less the amount received through federal cost share programs, from his federal adjusted gross income on his Maryland return. During the year of final certification, a taxpayer may subtract from his federal adjusted gross income all eligible costs from initial certification plus twice the cost of any supplemental reforestation and timber stand improvement measures after first subtracting the amount received from these supplemental measures through federal cost share programs. All direct costs associated with certified reforestation and timber stand practices such as the costs of tools and machinery, including depreciation resulting from use in the implementation of practices, labor, consultant fees, chemicals including herbicides, insecticides, rodenticides, animal repellents and fertilizer, seed and seedlings may be included in calculating the cost of the project. The costs of the taxpayer's own labor and the cost of fencing, road building, or performance beyond that needed to insure the practice will serve its primary purpose are not eligible. Practices which have failed due to unusual circumstances, as certified by a professional forester registered by the State, may be repeated a maximum of two additional times before costs may no longer be subtracted for income tax purposes. Initial Certification. Only those practices which meet the minimum standards established in these regulations at a reasonable cost are eligible for initial certification by a professional forester licensed by the State. Certification shall be recorded on forms supplied by the Department and: Include all pertinent information relating to the ownership, practice, completion date, cost, participation in federal cost sharing programs; Bear the signature of the taxpayer and the signature and stamp of the certifying forester. Copies of the initial certification forms shall be distributed as follows: Department — original; Taxpayer — two copies; Comptroller of the Treasury — one copy. The taxpayer shall submit one copy of the initial inspection report form with the Maryland State Income Tax form when claiming a subtraction modification to federal adjusted gross income for reforestation or timber stand improvement. Final Certification. The taxpayer shall request final certification by a representative of the Department within 2 years of initial certification. Final certification shall be granted if the practice meets the minimum standards established under these regulations within 2 years of initial certification. A practice which does not meet the minimum standards within 2 years may be extended for an additional period of time as specified in a plan prepared by a professional forester licensed by the State. A practice which has been successfully completed at the end of an approved extension shall be granted final certification. A practice which has been attempted in good faith for a total of three times and does not meet minimum standards due to unusual natural or man-made circumstances shall be granted final certification, specifying the reasons for unsuccessful completion. Final certification shall: Be recorded on forms prepared by the Department by a representative of the Department indicating all pertinent information relating to the ownership, practice, completion date, cost, participation in federal cost sharing programs; and Bear the signature of the taxpayer and the signature and stamp of certifying forester. Copies of the final certification report forms shall be distributed as follows: Department — original; Taxpayer — two copies; Comptroller of the Treasury — one copy. The taxpayer shall submit one copy of the final inspection report form with the Maryland State Income Tax form when claiming a subtraction modification to federal adjusted gross income for reforestation or timber stand improvement. Decertification. A practice will be decertified if: It fails to meet the minimum standards established in these regulations within 2 years of the date of initial certification; and The taxpayer fails to submit a plan to the Department for continuation of the project. A practice will be decertified if the property does not remain as commercial forest land for 15 years after final certification unless the change in land use was brought about by a transfer at death or other involuntary conversion. A change in land use to a portion of the property will result in a decertification of only that portion of the property with costs distributed accordingly unless the remaining forest land is less than 3 contiguous acres, in which case the entire practice will be decertified. Decertification will: Be recorded on forms provided by the Department by a representative of the Department; Include all pertinent information regarding the practices such as ownership, practice, completion date, cost, certification dates; and Bear the signature and stamp of the decertifying forester. Copies of the decertification report shall be distributed as follows: Department — original; Taxpayer — two copies; Comptroller of the Treasury — one copy. Repayment. The taxpayer shall submit one copy of the decertification report form with the Maryland State Income Tax form when repaying all subtraction modification claimed for the decertified forest practice. Repayment shall be in the form of additional modification to the federal adjusted gross income for the year of decertification. Inspection. The Department shall review those projects receiving final certification at intervals of not more than 5 years, for a period of 15 years after the date of final certification to insure continuation of the project as specified by law. Natural Resources Article, §§5-209(a), 5-210, 5-219, 5-303, 5-408, and 5-410;Tax-Property Article, §8-211(p); Annotated Code of Maryland Effective date: October 27, 1976 (3:22 Md. R. 1250) Regulations .01, .02, and .03B, D amended effective December 26, 1980 (7:26 Md. R. 2419) Regulation .03E repealed effective December 26, 1980 (7:26 Md. R. 2419) Chapter repealed effective August 27, 1984 (11:17 Md. R. 1491) Regulations .01—.03 adopted effective August 27, 1984 (11:17 Md. R. 1491) Regulation .01 amended effective February 15, 1993 (20:3 Md. R. 257) Regulation .01B amended effective January 7, 2016 (42:26 Md. R. 1594); August 15, 2016 (43:16 Md. R. 900) Regulation .02 amended effective February 15, 1993 (20:3 Md. R. 257); January 7, 2016 (42:26 Md. R. 1594); August 15, 2016 (43:16 Md. R. 900) Regulation .03 amended effective February 15, 1993 (20:3 Md. R. 257); January 7, 2016 (42:26 Md. R. 1594) Regulation .03C amended effective November 2, 1998 (25:22 Md. R. 1652); August 14, 2006 (33:16 Md. R. 1365); December 12, 2022 (49:25 Md. R. 1049) Regulation .03E amended effective August 15, 2016 (43:16 Md. R. 900) Regulation .04 adopted effective October 8, 1984 (11:20 Md. R. 1741) Regulation .04 amended effective February 3, 2014 (41:2 Md. R. 90); August 15, 2016 (43:16 Md. R. 900) Regulation .04B amended effective February 25, 2008 (35:4 Md. R. 513) Regulation .05 adopted effective February 19, 1990 (17:3 Md. R. 296) Regulation .06 adopted effective February 19, 1990 (17:3 Md. R. 296) Regulations .05 and .06 repealed effective March 27, 1995 (22:6 Md. R. 473) In this chapter, the following terms have the meanings indicated: “Authorities having jurisdiction” means organizations, offices, or individuals responsible for enforcing requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure. “Director” means the Director of the Department of Natural Resources — Forest Service, or the Director’s authorized representative. “Disposal area” means any sanitary landfill or similar disposal facility, whether publicly or privately owned, that disposes of flammable material by open air burning. “Fireworks” means combustible, implosive, or explosive compositions, substances, combinations of substances, or articles that are prepared to produce a visible or audible effect by combustion, explosion, implosion, deflagration, or detonation. “Open air burning” means a fire where any material is burned in the open, except for small recreational fires such as campfires. “Prescribed burning” means the planned scientific application of fire with an intent to confine it to a predetermined area. “Slash” means the residue accumulating or left on the ground as a result of felling, thinning, improvement cutting, weeding, cleaning, girdling, poisoning, or trimming of trees or other woody vegetation. “Woodland” means a public or private area in any stage of growth of woody vegetation. This regulation applies to activities in woodland and within 200 feet of woodland, or activities adjacent to or within an area where flammable materials, that could ignite and carry fire to woodland, are located. These regulations do not apply inside the limits of incorporated towns. A person may not engage in open air burning except under the following conditions: There is a natural or constructed fire break at least 10 feet wide completely around the material to be burned that is free of flammable materials; Adequate personnel and equipment are present to prevent the fire from escaping; At least one responsible person remains at the location of the fire until the last spark is out; and Burning occurs between the hours of 4 p.m. and 12 midnight, except that when the ground is covered with snow the burning may occur at any time so long as all other requirements are met. A person may engage in open air burning, or prescribed burning, which does not comply with §A of this regulation, if the person has submitted a plan for that burning to the Department for review and the Department has issued a permit for that burning. The Director may require conditions in the permit which are more stringent or less stringent than the requirements in §A of this regulation. In addition to the conditions and requirements in A and B of this regulation, a person engaged in open air burning or prescribed burning shall comply with all other requirements of State and local authorities having jurisdiction. A person may not dispose of flammable material in a disposal area by open air burning, unless there is a cleared strip, free of all flammable material, around the disposal area at least 100 feet wide measured horizontally, and unless a permit has been issued by the Director in accordance with Regulation .03 of this chapter. A person may not conduct any operation which allows slash to remain within 50 feet, measured horizontally, from the ditch line on either side of any public highway. A person may not deposit any refuse, debris, or other flammable material in woodland, or in an area of flammable material likely to carry fire to woodland, within 50 feet measured horizontally from the ditch line on either side of a public roadway. A person may not operate an internal combustion engine in woodland or in an area of flammable material likely to carry fire to woodland, unless equipped with a United States Forest Service approved spark arresting muffler in good operating condition. A person may not detonate fireworks in woodland or in an area of flammable material likely to carry fire to woodland, unless there is a safety strip 10 feet wide and the fireworks are detonated less than 3 feet above the ground. Under prolonged or unusual conditions conducive to easy starting and spread of wildfire, the Director may declare a complete ban on all open air burning in woodland or in areas of flammable material likely to carry fire to woodland, through the state or in any specific area. A person may not discard any burning object or material in woodland or in an area of flammable material likely to carry fire to woodland. This regulation is in addition to and supplements all laws and regulations relating to open air burning. The Maryland Forest Service Towers and Properties system consists of the areas in §B of this regulation, as delineated on maps filed in the Office of the Secretary of Natural Resources. Names and Locations of Maryland Forest Service Towers and Properties. The general locations of State-owned Maryland Forest Service towers and properties are as follows: Allegany — Dan's Rock; Town Hill; Warrior Mountain; Anne Arundel — Long Hill Tower and Office; Baltimore — Cub Hill Tower and Office; Caroline — Interstate; Cecil — Black Hill Tower and Office; Pleasant Hill; Charles — Welcome; Dorchester — Church Creek Tower and Office; Harford — Madonna Tower and Office; Garrett — Elder Hill; High Rock; Thayerville; Frederick — Lamb's Knoll; High Knob; Somerset — Green Hill; Princess Anne Office; Washington — McClellan's Lookout; Wicomico — Powellville Tower and Office; Worcester — Nassawango Tower and Office. A person may not trespass on Maryland Forest Service towers or properties. Natural Resources Article, §§5-209 and 5-604, Annotated Code of Maryland Effective date: March 28, 1975 (2:8 Md. R. 561) Chapter revised effective July 5, 1982 (9:13 Md. R. 1350) Regulation .01 amended effective February 15, 2016 (43:3 Md. R. 271) Regulation .01A amended effective March 23, 2009 (36:6 Md. R. 489) Regulation .03 amended effective February 15, 2016 (43:3 Md. R. 271) Regulation .12 adopted effective March 23, 2009 (36:6 Md. R. 489) This chapter applies to the procedures to be followed for requests for financial assistance and technical assistance to nonindustrial private landowners who desire to initiate various plans for forest management and reforestation through approved forestry practices under the Woodland Incentive Program, Natural Resources Article, §§5-301—5-307, Annotated Code of Maryland. Regulations .02—.04 of this chapter, formerly under COMAR 08.07.03.05, apply to those nonindustrial private landowners who previously received program assistance as well as nonindustrial private landowners who participate in the Woodland Incentive Program, unless an additional service is requested for which there is now a fee. In this chapter, the following terms have the meanings indicated. Terms Defined. “Department” means the Department of Natural Resources — Forest Service. “Forestry practice” means an approved or accepted silvicultural and reforestation activity including: Thinning; Pruning; Prescribed burning; Crop tree release; Site preparation for natural or artificial reforestation; Herbicide treatments; and Planting of seedlings. “Form” means the combined application and agreement form adopted by the Department for the purpose of implementing the Woodland Incentive Program. “Licensed forester” means an individual who is licensed by the State Board of Foresters to practice forestry, as defined in Business Occupations and Professions Article, §§7-101—7-602, Annotated Code of Maryland. “Plan” means a forest management plan, a forest stewardship plan, a pine reforestation plan pursuant to Natural Resources Article, §§5-504(b) and 5-505, Annotated Code of Maryland, or a reforestation plan prepared for the purpose of accomplishing forestry practices. “Reforestation” means the approved practice of planting or seeding tree species in areas of idle cropland, pasture land, or other nonforested areas, or the replanting or afforestation of harvested or understocked woodlands, resulting in the establishment of 400 or more healthy sprouts and seedlings per acre of commercially desirable species, well spaced and free to grow. “Site index” means a measurement used to determine the capability of a tract of forest land to produce wood fiber based on the species and base age of the dominant trees. Technical Assistance. “Technical assistance” means the Department's assistance to a nonindustrial private forest landowner in the implementation of an approved practice or forest practice. “Technical assistance” may include, but is not limited to: Giving advice regarding forest resource protection; and Sharing information regarding restoration and management techniques, and advances in forest management technology. Timber Stand Improvement. “Timber stand improvement” means a precommercial cultural operation undertaken to improve the composition, value, condition, and number of trees in a timber stand. “Timber stand improvement” includes: Tree removal; Deadening; and Pruning activities. “Woodland Incentive Program” means a program developed pursuant to Natural Resources Article, §§5-301—5-307, Annotated Code of Maryland, which is designed to assist eligible landowners in conducting a program of woodland management. Eligibility. A landowner may apply for cost-share assistance for the Woodland Incentive Program if the: Landowner is an individual, group, or corporation that owns private woodland in the State; and Woodland tract meets the following criteria: Consists of 5 to 1,000 contiguous acres; Is capable of producing more than 20 cubic feet of wood per acre per year; When appropriate, has the potential to be harvested for products including logs, timbers, pulpwood, firewood, woodchips, poles, piles, posts, and other primary forest products; Has not been subject to assistance from the Woodland Incentive Program in any of the 15 years preceding application for the same forestry practice for which assistance is sought. A corporation or subsidiary of a corporation that manufactures forest products or provides utility services, including railroad lines, telephone systems, electric power systems, natural gas systems, and water supply systems, is not eligible for assistance under the Woodland Incentive Program. A nonindustrial private forest landowner may apply for technical assistance regardless of the size of the tract. An eligible landowner seeking cost-share assistance from the Woodland Incentive Program shall submit a plan to the Department prepared or certified by a licensed forester, which contains: The name, address, Social Security or federal identification number, and telephone number of the landowner; A map of the forested area, or of the proposed reforestation area, at a scale of not less than 1 inch = 660 feet, indicating the location by reference to: Known map coordinates; Tract designations; Deed references; Property boundaries; North direction; and Pertinent geographic and man-made features; and A description of the existing conditions in the proposed treatment area, including: Stocking levels; Species; Quality; Growth potential; Age class; Acreage; Significant plant and wildlife habitats; Soil type classification; Topographic conditions. An eligible landowner seeking cost-share assistance shall submit an application on the form provided by the Department, which contains the: Name, address, Social Security or federal identification number, and telephone number of the landowner; Forestry practice and the estimated unit cost or total cost for which application is made; and Location of woodland tract upon which the forestry practice will be implemented. An eligible landowner seeking cost-share assistance shall sign a statement on a form provided by the Department, declaring that the landowner: Agrees to use the cost-share assistance for continued forest improvement, and for growth of harvestable forest products on a long-term basis; Agrees to permit a representative of the Department to enter the woodland tract to inspect for program compliance, and to determine the effectiveness of the funded forestry practice; Agrees to maintain the forestry practice for a period of 15 years; Agrees to complete the approved forestry practice within the time period specified by the Department; Agrees to accept the cost-share payment not to exceed 65 percent of actual expenses as determined by the designated representative of the Department; Agrees that the landowner may not receive a total of State and federal cost share assistance in an amount that exceeds 90 percent of the cost of the approved practice; and Agrees to hold the Department harmless from liability for occurrences arising during inspections by representatives of the Department on official business. Processing of Application. The Department shall give notice twice yearly by publication in a newspaper of general circulation, or by whatever means the Department determines is reasonable, that eligible landowners may file Woodland Incentive Program applications with the Department during a specified 30-day enrollment period. When the enrollment period expires, the Department shall process applications by assigning a ranking to each application, based on the total points a woodland tract receives. The Department determines the points the tract is to be awarded within each of the five categories set forth in §E of this regulation. Point Determination. Site Index. To determine a site index, a measurement is taken in trees which have a dominant position in the forest crown. In the eastern United States, including Maryland, the base age for computing site index is 50 years. This age combined with the height of the tree species for which the index is to be determined will provide an index of site capability, or a site index number ranging from 60 to 100. The higher the number, the greater the site capability. Points shall be assigned to a site index as follows: 60—69 = 2 points; 70—79 = 4 points; 80—89 = 6 points; 90—99 = 8 points; 100 = 10 points. The size of total ownership in the proposed management plan is determined as follows: 10—99 acres = 2 points; 100—199 acres = 4 points; 200—299 acres = 6 points; 300—399 acres = 8 points; 400—500 acres = 10 points. The size of a tract or stand to which a particular forestry practice is to be applied is determined as follows: 10—99 acres = 2 points; 100—199 acres = 4 points; 200—299 acres = 6 points; 300—399 acres = 8 points; 400—500 acres = 10 points. The time period to which a landowner agrees to maintain the practice after installation is determined as follows: 15—25 years = 2 points; 26—35 years = 4 points; 36—45 years = 6 points; 46—55 years = 8 points; 56 years or more = 10 points. Species proposed to be managed are determined as follows: Miscellaneous pine = 2 points; Upland hardwoods = 4 points; White oak/red oak = 6 points; Cove hardwoods = 8 points; Loblolly/shortleaf pine = 10 points. After the Department has calculated the total points for each woodland tract for which application is made, the Department, in its discretion, shall approve the applications receiving the highest point scores and meeting all other requirements, until the Department has committed the cost-share assistance which it has set aside for a designated enrollment period. The Department shall notify each landowner whether the application has been approved or disapproved within 30 calendar days after the expiration date of the enrollment period. Payments to Landowners From Woodland Incentive Fund—Limitation on Cost-Share Assistance. The Department shall disburse payments to eligible landowners within a reasonable time after: The Department has received proof of expenses from the landowner which the Department is able to determine are correct and justified; and A representative of the Department has inspected the woodland tract and has approved the implementation of the forestry practices. An eligible landowner may not receive a cost-share payment from the Department exceeding 65 percent of the actual expenses incurred for implementing the approved practice. An eligible landowner may not receive more than $5,000 in a calendar year for all approved forestry practices implemented by the landowner, unless the Department has approved a 3-year plan. If the Department has approved a 3-year plan, an eligible landowner may not receive more than $15,000 during the 3-year period for all approved forestry practices implemented by the landowner. An eligible landowner may not receive a total of State and federal cost-share assistance in an amount that exceeds 90 percent of the actual cost of the approved practice. An eligible landowner seeking technical assistance may be required to submit the following to the Department during the rendering of requested assistance: The name, address, Social Security or federal identification number, and telephone number of the landowner; and A sketch map of the property at a scale of not less than 1 inch = 660 feet, indicating the location by reference to: Known map coordinates, Tract designations, Deed references, Property boundaries, Property tax account numbers by parcel, North direction, and Pertinent geographic and man-made features. An eligible landowner seeking technical assistance may be required to submit the goals, objectives, or issues for which technical assistance is being sought. The Department may charge reasonable fees for cost-share and technical assistance it may render the landowner in implementing approved forestry practices. The fee may not exceed $12 for each affected acre during a 6-month period, except for the following services: Plan preparation: Less than 5 acres = $100, 5—25 acres = $200, 26—50 acres = $225, 51—100 acres = $250, 101—500 acres = $275, 501 or more acres = $300; Plan inspection: 5—10 acres = $50, 11 or more acres = $100; Equipment rental—bedding with State equipment at $40 per acre; Planting site exams at $40 per exam. Fees collected for the Department's assistance shall be deposited into the Woodland Incentive Fund. Fees deposited into the Woodland Incentive Fund shall be used by the Department for offsetting portions of the costs associated with providing cost-share and technical assistance to landowners. Natural Resources Article, §5-303, Annotated Code of Maryland Effective date: May 10, 1982 (9:9 Md. R. 903) Chapter, Charges for Administering the Forest Conservation and Management Program, repealed effective August 27, 1984 (11:17 Md. R. 1491) Regulations .01—.05, Woodland Incentive Program, adopted effective March 27, 1995 (22:6 Md. R. 473) Regulation .02B amended effective February 15, 2016 (43:3 Md. R. 272) Regulation .02C amended effective February 25, 2008 (35:4 Md. R. 513); May 16, 2011 (38:10 Md. R. 614) Regulation .03 amended effective May 16, 2011 (38:10 Md. R. 614) Regulation .03C amended effective November 5, 2007 (34:22 Md. R. 1976) Regulation .04A amended effective February 15, 2016 (43:3 Md. R. 272) Regulation .05B amended effective November 2, 1998 (25:22 Md. R. 1652); April 17, 2000 (27:7 Md. R. 705) In this chapter, the following terms have the meanings indicated. Terms Defined. “Commissioned officer” means a Forest and Park Warden or Forest and Park Ranger having the meaning stated in Natural Resources Article, §5-206, Annotated Code of Maryland. “Developed areas” means those areas within a State park that have permanent facilities and those areas surrounding the facilities. “Park officer” means a commissioned officer, and may include the manager, rangers, or other personnel employed by the State to manage and regulate the use of State parks. “Service” means the Maryland Park Service, a unit of the Department of Natural Resources. “State park” means a unit of the State park system. “State park road” means a road on or adjacent to a State park which is maintained or constructed and maintained by the Service. “Superintendent” means the Superintendent of the Maryland Park Service, which is a unit of the Department of Natural Resources. “Undeveloped area” means those areas within a State park not having permanent facilities. Vehicle. “Vehicle” means a mode of transportation by which an individual or property may be transported on a waterway or highway. “Vehicle” includes: Vessels; Trailers; Automobiles; Trucks; Buses; Mopeds; Animals; Animal-drawn vehicles; and Bicycles. Vessel. “Vessel” means a type of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water or ice. “Vessel” includes: The vessel's motor, spars, sails, and accessories; and Ice boats. The State park system is administered under the jurisdiction of the Maryland Park Service to preserve and protect the best of Maryland’s natural and historic places for the enjoyment and appreciation of its citizens. State parks are managed to provide a multitude of public benefits, including: Natural resource conservation; Cultural and historic preservation; Watershed protection; Education and interpretation; and Nature-based outdoor recreation, including: Trails; Picnicking; Boating; Camping; Cabins; Hunting; Fishing; and Swimming. The State park system includes four sub-designations that have specific management objectives: Natural Resources Management Areas. Natural resources management areas are generally State parks that feature an undeveloped, agrarian landscape of woodlands, fields and agriculture. Natural resources management areas are managed for the primary benefit of wildlife habitat, sustainable farming and passive, nature-based recreation, such as hunting, fishing, wildlife observation and boat access. Historic site preservation and non-motorized trail use, including hiking, equestrian uses and mountain biking are also common in some natural resources management areas. Natural Environment Areas. Natural environment areas are generally State parks with significant or unique geological or ecological resources, including rare, threatened and endangered flora and fauna. Natural environment areas are often managed in cooperation with the Wildlife and Heritage Service, to preserve and restore the park’s unique natural resources and biological diversity. Recreation development is secondary to preservation objectives with a primary focus on interpretation and environmental education. State Battlefields. State battlefields are State parks that feature the preservation of an historic battlefield of State or national significance associated with the site of a documented battle fought by the armed forces or militia of the United States. Development is limited to providing public access and interpretation, while preserving the integrity of the battlefield grounds and historic features. Rail Trails. Rail trails are State parks that feature the conversion of a former railroad right-of-way to a recreational trail open to hiking, biking and equestrian uses. Rail trails include adjacent lands preserved along the Rail trail as a greenway corridor, which provides natural scenery, wildlife habitat and natural and historical resource conservation. Historic features are preserved and interpreted along Rail Trails, including the history of the former railroad and its remnants. The Superintendent may regulate activities and uses of each State park in accordance with the designations and sub-designations provided in this regulation. The State park system consists of the following areas in §§E—I of this regulation, as delineated on maps filed in the Office of the Secretary of Natural Resources. State Parks. Assateague ———————— Worcester Big Run ————————— Garrett Bill Burton Fishing Pier ——— Talbot, Dorchester Calvert Cliffs —————— Calvert Casselman River Bridge —————— Garrett Chapel Point —————— Charles Chapman —————— Charles Cunningham Falls —————— Frederick Dans Mountain —————— Allegany Deep Creek Lake —————— Garrett Elk Neck —————— Cecil Fort Frederick —————— Washington Fort Tonoloway —————— Washington Franklin Point —————— Anne Arundel Gambrill —————— Frederick Gathland —————— Frederick, Washington Greenbrier —————— Washington Greenwell —————— St. Mary’s Gunpowder Falls —————— Baltimore, Harford Harriet Tubman Underground Railroad —————— Dorchester Hart-Miller Island —————— Baltimore Herrington Manor —————— Garrett Janes Island —————— Somerset Jonas Green —————— Anne Arundel Love Point —————— Queen Anne’s Martinak —————— Caroline Matapeake —————— Queen Anne’s Matthew Henson —————— Montgomery New Germany —————— Garrett Newtowne Neck —————— St. Mary’s North Point —————— Baltimore Palmer —————— Harford Patapsco Valley —————— Anne Arundel, Baltimore, Carroll, Howard Patuxent River —————— Howard, Montgomery Pocomoke River —————— Worcester Milburn Landing Area —————— Worcester Shad Landing Area —————— Worcester Point Lookout —————— St. Mary’s Rocks —————— Harford Rocky Gap —————— Allegany Rosaryville —————— Prince George’s Sandy Point —————— Anne Arundel Sang Run —————— Garrett Seneca Creek —————— Montgomery Smallwood —————— Charles South Mountain —————— Frederick, Washington St. Clements Island —————— St. Mary’s St. Mary’s River —————— St. Mary’s Susquehanna —————— Harford, Cecil Swallow Falls —————— Garrett Tuckahoe —————— Caroline, Queen Anne’s Washington Monument —————— Washington Wills Mountain —————— Allegany Wolf Den Run —————— Garrett Wye Oak —————— Talbot Natural Resources Management Areas. Black Walnut Point —————— Talbot Bohemia River —————— Cecil Bush Declaration —————— Harford Cypress Branch —————— Kent Deep Creek Lake —————— Garrett Fair Hill —————— Cecil Merkle —————— Calvert, Prince George’s Monocacy —————— Frederick, Montgomery Patuxent River —————— Anne Arundel, Calvert, Charles, Prince George’s Billingsley —————— Prince George’s Croom —————— Prince George’s Full Mill Branch —————— Prince George’s Hall Creek —————— Calvert House Creek —————— Anne Arundel Indian Creek —————— Charles Kings Landing —————— Calvert Maxwell Hall —————— Prince George’s Milltown Landing —————— Prince George’s Spice Creek —————— Prince George’s Upper Patuxent —————— Prince George’s Chaney —————— Prince George’s Honey Branch —————— Prince George’s Pride Finance —————— Prince George’s Uhler —————— Prince George’s Sassafras —————— Kent Woodmont —————— Washington Wye Island —————— Queen Anne’s Natural Environment Areas. Belt Woods —————— Prince George’s Mattawoman —————— Charles, Prince George’s Morgan Run —————— Carroll Severn Run —————— Anne Arundel Soldiers Delight —————— Baltimore Youghiogheny Wild River —————— Garrett Zekiah Swamp —————— Prince George’s State Battlefields. North Point —————— Baltimore South Mountain —————— Washington Rail Trails Torrey C. Brown —————— Baltimore Western Maryland —————— Washington Weverton-Roxbury —————— Washington General. The Superintendent may establish designated hunting areas, species to be hunted, methods of harvest, seasons, and weapons to be used within the State park system. The designated areas shall be published annually in the Guide to Hunting and Trapping in Maryland, available from the Department. The areas open to hunting shall be posted. The Superintendent shall establish areas for training and running of hunting dogs. The hunting season in all designated areas shall be in accordance with State and federal laws and regulations. An individual may not construct permanent game shooting stands, or use stationary blinds for hunting in State parks. The Service reserves the right to construct these facilities and regulate their use. Except by written permit, an individual may not trap or attempt to trap game in a State park. The permit shall be issued by the Superintendent. An individual may not hunt in violation of provisions of a permit issued for the purpose of hunting in a State park. Baiting or Feeding. Except by written permit issued by the Service, on any State-owned or State-controlled properties open to public hunting, an individual may not place or cause to be placed or scatter or distribute: Shucked or unshucked corn, wheat, or other grain; Salt; or Other feed. An individual may not hunt, shoot, or kill, or attempt to hunt, shoot, or kill a game bird or a mammal by the aid of bait, on or over a baited area. Definition. In this regulation, “weapon” means: A device capable of propelling a projectile at high velocity by mechanical means, by explosion, or by expanding gas, including, but not limited to a firearm, crossbow, or longbow; A dirk knife, bowie knife, switchblade, sand club, metal knuckles, razor, or nunchaku; and A device capable of: Inflicting death or bodily harm to an individual; Maiming or destroying wildlife; or Destroying property. Except as provided in Regulation .03 of this chapter and in §§C and D of this regulation, an individual other than a law enforcement officer may not possess a weapon in a State park. The Service may approve an exception for an archery range, firearms range, or an exhibition. During hunting season, a licensed hunter may carry firearms and bows and arrows across State parks in order to get to hunting areas or to other State or private property which is open to hunting. The firearms shall be carried unloaded and cased, or carried unloaded with breech open or broken. Arrows shall be carried in a quiver or case. Target shooting is permitted at designated shooting ranges. The regulations governing the use of these ranges shall be posted and strictly observed. Except in a posted area, an individual may fish in the waters of a State park for finfish, if the individual complies with State fishing laws. Permit. Fishing for other than finfish is by permit only. A permit shall be issued by the Superintendent. This regulation does not apply to employees of the Department on official business. The Superintendent may, by notice, close areas of State parks to public entry and travel. An individual, vehicle, or vessel may not enter or remain on lands or waters owned or managed by the Service after posted hours of closing to public use. A vehicle remaining on lands or waters after the posted hours of closing to public use, or on areas closed to public entry, may be removed and placed in storage at the owner's expense. Unless posted as prohibited, an individual may wade or swim in State park waters. An individual may establish a camp or occupy a cabin in a State park, if a permit is obtained from the Service. The use of the camp or cabin is limited to the: Area; Number of individuals specified; and Period specified in the permit. A permit may be revoked by a park official. An individual may not use the property or resources of a State park for commercial gain without obtaining a permit from the Superintendent. Unless a permit is obtained from the Service, an individual may not sell, hire, or lease an object of merchandise, or a vessel or vehicle designed or used for the transportation of passengers or property. An individual shall obtain a permit from the Service before kindling, building, maintaining, or using a fire in an area of a State park not designated for fires. The Service may revoke the permit for violation of this condition. A fire permit may be revoked at any time by a park officer. A fire shall be continuously under the surveillance of a competent individual 16 years old or older. A fire shall be extinguished before the responsibility of the permittee ends. An individual may not discard a burning object within a State park. Unless a permit is obtained from the Service, an individual may not erect or post a sign, notice, or literature in a State park. Except in containers provided by the Service, an individual may not deposit garbage, sewage, waste, foodstuffs, paper, or other litter in a State park. An individual may not possess a glass container or other hazardous object in a swimming area, beach, or other area of a State park where this is prohibited. An individual may not deposit in Service-provided containers any garbage, sewage, foodstuffs, paper, or other litter originating from a private residence, commercial business, or other source outside of State park boundaries. This regulation does not apply to park personnel in the performance of their duties. In a State park an individual may not: Remove, disturb, damage, or destroy a plant, rock, mineral, or animal; Cut down, remove, or destroy a tree; or Feed, touch, tease, frighten, or intentionally disturb wildlife. The Service may issue permits for the removal of any item listed in this regulation. The collection or possession of animals shall be in accordance with Natural Resources Article, §10-902, Annotated Code of Maryland, and COMAR 08.03.08. The Service shall regulate the use of State park roads. Roads may be closed to traffic if the Service determines this action is necessary. Instruction from a park officer to reduce the speed of a vehicle, to bring it to a stop, to alter its direction, or remove it from a restricted area shall be obeyed immediately. Docking. An individual may not dock a vessel in an area posted against docking. Traffic on State park roads is subject to motor vehicle laws. The following acts are prohibited on State park roads not under the jurisdiction of the State Highway Administration or a county: Driving or parking a vehicle within or on a safety zone, walk, trail, or other area not designated and customarily used for vehicular traffic; Except for the time required to receive or discharge passengers, permitting a vehicle to stand outside a designated parking space; Permitting a vehicle to obstruct traffic by unnecessary stopping; Driving a vehicle over a State park road at a speed greater than that posted by the Service; Riding an animal, or driving or parking an animal-drawn vehicle in a developed area without permission of the Service; Driving a vehicle over a State park road in violation of traffic control devices placed by the Service; Permitting a vehicle to stand, park, or remain in a State park area after posted closing hours; and Permitting a vehicle to be parked or remain in a parking space exceeding the posted time without paying the parking fees. Parking Violations. Fines or penalties for parking violations shall be paid directly to the Service. An individual issued a citation for a parking violation may elect to stand trial by notifying the Service. An illegally parked vehicle may be removed and placed in storage at the owner's expense. An individual may not make use of, or gain admittance to, a facility or activity in a State park for which there is a fee, unless the fee is paid. An individual 62 years old or older shall be admitted to day-use areas free of an admittance charge, if the individual submits proof of age and registers with the Service. An individual who has a disability that is permanent and substantially limits one or more major life activities shall be admitted to day-use areas free of an admittance charge, if the individual registers with the Service. Except under special permit, or lease from the Service, grazing of cattle, horses, sheep, goats, or domestic animals is not allowed in a State park. Developed Areas. Except for guide service dogs, pets of any kind are not allowed on a picnic area, cabin area, camping area, or other restricted area of a State park. The Service reserves the right to designate pet areas in a State park. In these areas pets shall be on a leash with a maximum length of 6 feet. Undeveloped Areas. Pets are permitted on a leash with a maximum length of 10 feet. The policy of the Service is to safeguard the archeological resources under its care. The guidelines in §§B and C of this regulation shall be followed. Without a permit from the Office of Archeology, Maryland Historical Trust, Department of Housing and Community Development, and the Department, an individual may not dig in search of buried relics or treasures, remove prehistoric or historic artifacts, or use metal detectors, except as provided in §D of this regulation, within the boundaries of lands, beaches, or under waters controlled by the Service. Permits are issued to archeologists and other qualified individuals who present a plan for scientific investigation to be carried out under provisions of the Maryland Archeological Historic Properties Act, Article 83B, §§5-623—5-628, Annotated Code of Maryland. Copies of the law and application for permit can be obtained from the Chief, Office of Archeology, Maryland Historical Trust, 100 Community Place, Crownsville, MD 21032. Metal Detector Exception. An exception to the permit requirements of this regulation is for the use of a metal detector in the search for modern coins, jewelry, and other items on designated swimming beaches operated by the Service, with the exceptions of Point Lookout and Calvert Cliffs. An individual shall obtain permission to use a metal detector as set forth in this regulation from the Service. A metal detector may be used during normal park hours with the following exceptions: 9 a.m. through dusk from May 30 through Labor Day; and Other times at the discretion of the park manager. An individual younger than 21 years old may not transport or possess an intoxicating beverage within a State park. An individual may not consume or possess an open container of an intoxicating beverage on a parking lot, roadway, trail, or other designated area within a State park. The Superintendent may prohibit intoxicating beverages in an area of a State park. Permit. Intoxicating beverages are permitted in designated picnic shelters or other designated areas of a State park if the person who reserves the designated shelter or the designated area purchases an alcohol permit for $35. An alcohol permit may be revoked for cause by the Service, a Natural Resources police officer, or any law enforcement officer. An individual may not act in a disorderly manner in a State park by: Making loud and unseemly noises or profanely cursing, swearing, or using obscene language; Indecently exposing their person or performing an indecent act; Throwing missiles, to the annoyance of the public; Interfering with, encumbering, obstructing, or rendering dangerous any public place; Engaging in, instigating, or encouraging a confrontation or fight; Operating a generator or electronic audio equipment, or playing a musical instrument at a sound level annoying to other park users, with the use of these prohibited after posted hours of permissible operation; or Causing a disturbance of the public peace. An individual shall obey a lawful or reasonable order of a park warden or law enforcement officer in connection with the enforcement of Natural Resources laws, regulations, or other State laws. Without a permit, an individual may not possess or use fireworks or other explosive or combustible devices intended for the creation of a display of noise, light, or smoke in a State park. Bow and Arrow Ranges. The following restrictions apply on field archery courses, as established by or with the permission of the Service: Only field tip or blunt arrows shall be used; An individual may shoot only at established targets; and An individual may not use the range outside the posted hours of operation. The Superintendent may establish regulations for the use of the range. Firearms Range. The following restrictions apply on firearms ranges established by or with the permission of the Service: The number of shooters using a range may not exceed the posted range capacity; Shooting is permitted at paper targets only; Targets may not be placed on a portion of a baffle, and shall be located 3 to 4 feet from ground level; Fully automatic weapons are prohibited; An individual may not use the range outside the posted hours of operation; and An individual younger than 18 years old shall be accompanied by an adult when shooting. Private encroachments are prohibited on State park land. Encroachments include, but are not limited to: Fences; Walls; Dog runs; Dog houses; Storage structures; Driveways; Compost piles; Swimming pools; Tree houses; Play houses; Woodpiles; Gardens; Play equipment; Television or radio reception devices; and Other devices, structures, refuse, or material. Private mowing, clearing, application of chemicals, and other maintenance activities are prohibited on State park lands. Exceptions to this regulation may be issued by the Superintendent to lessees of the State and to private concerns when an activity would be in the best interest of the State. The Service may restrict the use of bicycles and electric bicycles, subject to COMAR 08.01.10, and animals on certain trails in a State park. Unless a permit is obtained from the Service an individual may not use an amplifier, loudspeaker, or other similar equipment in a State park. The permit may specify conditions for use, and the Service may revoke the permit for violation of conditions of the permit. An individual may launch a vessel only in designated areas. Gasoline Engines. Except by park personnel in the performance of their duties, a vessel with a gasoline engine may not be operated on a lake, pond, or other impoundment of water in a State park. The Service may waive this prohibition for programs and events sponsored by the Department of Natural Resources. Restricted Areas. Vessels are prohibited in swimming areas and other designated areas. Limited Capacity of Lake. The number of private vessels permitted on a lake at a given time may not exceed the posted limit. Swimming from Vessels. An individual may not swim or dive from a vessel in a lake or impoundment operated by the Service. Harbor of Refuge. Except in designated areas or when used as a harbor of refuge, the overnight storage of private vessels in a State park is prohibited. Natural Resources Article, §5-209, Annotated Code of Maryland Effective dates: Regulations .01— .23 amended effective July 9, 1975 (2:15 Md. R. 1069) Regulation .01F-1 amended effective August 1, 1983 (10:15 Md. R. 134) Regulation .02B—H amended effective October 1, 1977 (4:18 Md. R. 1397) Regulation .02C and I amended, and .02J adopted effective August 1, 1983 (10:15 Md. R. 134) Regulation .02D amended effective July 16, 1984 (11:14 Md. R. 1249); October 17, 1988 (15:21 Md. R. 2467) Regulation .02 amended effective October 22, 1984 (11:21 Md. R. 1810) Regulation .02E amended effective January 14, 1985 (12:1 Md. R. 15); January 26, 1987 (14:2 Md. R. 127) Regulation .02H amended effective July 16, 1984 (11:14 Md. R. 1249); July 6, 1992 (19:13 Md. R. 1201) Regulation .02I amended effective June 15, 1987 (14:12 Md. R. 1349) Regulation .03 adopted effective September 1, 1974 (1:1 Md. R. 69) Regulation .03 amended effective July 16, 1984 (11:14 Md. R. 1249); October 22, 1984 (11:21 Md. R. 1810); September 23, 1985 (12:19 Md. R. 1847) Regulation .03A amended effective October 1, 1977 (4:18 Md. R. 1397) Regulation .03B amended effective August 4, 1976 (3:16 Md. R. 852); February 2, 1981 (7:22 Md. R. 2072); October 17, 1988 (15:21 Md. R. 2467); September 30, 1991 (18:19 Md. R. 2098); August 17, 1992 (19:16 Md. R. 1473) Regulation .03B, C amended as an emergency provision effective December 17, 1992 (20:1 Md. R. 25); amended permanently effective March 29, 1993 (20:6 Md. R. 580) Regulation .03C, D adopted effective October 1, 1977 (4:18 Md. R. 1397) Regulation .03C amended effective February 2, 1981 (7:22 Md. R. 2072); January 26, 1987 (14:2 Md. R. 127); October 19, 1987 (14:21 Md. R. 2222); October 17, 1988 (15:21 Md. R. 2467); February 19, 1990 (17:3 Md. R. 296); January 7, 1991 (17:26 Md. R. 2974); September 30, 1991 (18:19 Md. R. 2098); August 17, 1992 (19:16 Md. R. 1473) Regulation .03D adopted effective February 19, 1990 (17:3 Md. R. 296) Regulations .04, .06, and .07B amended effective October 1, 1977 (4:18 Md. R. 1397) Regulation .04B amended effective February 27, 1984 (11:4 Md. R. 314) Regulation .06, .08—.09 amended effective October 22, 1984 (11:21 Md. R. 1810) Regulation .09B amended as an emergency provision effective September 15, 1988 (15:21 Md. R. 2466) Regulation .09B amended as an emergency provision effective July 3, 1989 (16:14 Md. R. 1563); emergency status expired October 20, 1989; amended permanently effective February 19, 1990 (17:3 Md. R. 296) Regulation .09B, E amended effective February 2, 1981 (7:22 Md. R. 2072) Regulation .09C repealed and new Regulation .09C—F adopted effective October 1, 1977 (4:18 Md. R. 1397) Regulation .12 amended effective October 22, 1984 (11:21 Md. R. 1810) Regulation .14 amended effective April 8, 1985 (12:7 Md. R. 699) Regulation .16C adopted effective October 1, 1977 (4:18 Md. R. 1397) Regulation .16D adopted effective October 17, 1988 (15:21 Md. R. 2467) Regulation .16D amended effective August 3, 1992 (19:15 Md. R. 1388) Regulation .18 amended effective August 4, 1976 (3:16 Md. R. 852); October 1, 1977 (4:18 Md. R. 1397); February 2, 1981 (7:22 Md. R. 2072) Regulation .18D adopted effective May 4, 1987 (14:9 Md. R. 1079) Regulation .19B amended as emergency provision effective May 18, 1976 (3:12 Md. R. 641); adopted permanently at 3:16 Md. R. 852 Regulation .19B amended effective October 1, 1977 (4:18 Md. R. 1397); February 2, 1981 (7:22 Md. R. 2072) Regulation .20C adopted effective October 1, 1975 (2:22 Md. R. 1370) Regulation .20D amended effective February 2, 1981 (7:22 Md. R. 2072); October 22, 1984 (11:21 Md. R. 1810); August 3, 1992 (19:15 Md. R. 1388) Regulations .20 and .23 amended effective October 1, 1977 (4:18 Md. R. 1397) Regulation .21B, C amended effective October 22, 1984 (11:21 Md. R. 1810) Regulation .23A amended effective February 2, 1981 (7:22 Md. R. 2072) Regulations .24— .26 adopted effective July 9, 1975 (2:15 Md. R. 1069) Regulation .25H amended effective October 22, 1984 (11:21 Md. R. 1810) Regulation .27 adopted effective October 1, 1977 (4:18 Md. R. 1397) Regulation .28 adopted effective August 3, 1992 (19:15 Md. R. 1388) Chapter recodified from 08.08.01 to 08.07.06 pursuant to Executive Order 01.01.1982.10 Regulations .01— .28 repealed and new Regulations .01— .27 adopted effective October 11, 1993 (20:20 Md. R. 1568) Regulation .01B amended effective March 23, 2009 (36:6 Md. R. 490); November 23, 2015 (42:23 Md. R. 1433) Regulation .02 amended effective October 5, 1998 (25:20 Md. R. 1528); March 23, 2009 (36:6 Md. R. 490); November 23, 2015 (42:23 Md. R. 1433) Regulation .02E, F amended effective January 13, 2020 (47:1 Md. R. 12) Regulation .02I amended effective November 15, 2010 (37:17 Md. R. 1185) Regulation .03A amended effective August 1, 1994 (21:15 Md. R. 1303); February 13, 2006 (33:3 Md. R. 240) Regulation .19D adopted effective September 21, 2009 (36:19 Md. R. 1435) Regulation .25 amended effective May 25, 2026 (53:10 Md. R. 454) Regulation .27B amended effective March 31, 2003 (30:6 Md. R. 419) In rendering professional services, a licensed tree expert shall comply in all respects with applicable laws and regulations pertaining to tree expert services. A licensed tree expert may not engage in any form of false or misleading advertising or promotional activities, including, but not limited to, the falsification or misrepresentation of: The work of a licensed tree expert or of an individual employed by the tree expert; The academic or professional qualifications or affiliations of the licensed tree expert; or The experience or licensing status of the licensed tree expert. A licensed tree expert may not use private property adjacent to a client's property as work area, or to gain access to the client's property, without the private property owner's written permission. A licensed tree expert shall ensure the safe operation of all equipment used in the performance of tree expert services. In the performance of tree expert services, a licensed tree expert shall make every reasonable effort to protect the safety, health, property, and welfare of the public. A licensed tree expert shall cooperate fully with the Department of Natural Resources Forest Service in an investigation or adjudication of an alleged violation of tree expert statutes or regulations and, upon request, shall provide copies of documents to the Department of Natural Resources. A licensed tree expert shall, within a reasonable time, inform the Department of Natural Resources Forest Service in writing of a change in address, telephone number, or employment. In this chapter, the following documents are incorporated by reference. Documents Incorporated. American National Standard for Arboricultural Operations — Safety Requirements ANSI Z133 — 2017; American National Standard for Tree Care Operations — Tree, Shrub and Other Woody Plant Management — Standard Practices (Pruning), ANSI A300 (Part 1) — 2017 Pruning Revision of ANSI A300 (Part 1) — 2008 (R2014), with the following changes: Delete Section 6.2 and insert in its place: “6.2.1 Not more than 25 percent of the foliage should be removed within an annual growing season. The percentage and distribution of foliage to be removed shall be adjusted according to the tree’s species, age, health, and site.”; and “6.2.2 When frequent excessive pruning is necessary for a tree to avoid conflicts with elements such as infrastructure, traffic and utilities, removal or relocation of the tree shall be considered.”; and Delete the text of Section 8.2.2.2 and insert in its place “Climbing spurs shall not be used when entering and climbing trees for the purpose of pruning or other tree maintenance.”; American National Standard for Tree Care Operations — Tree, Shrub and Other Woody Plant Management — Standard Practices (Soil Management a. Modification, b. Fertilization, and c. Drainage), ANSI A300 (Part 2) — 2011 Soil Management a. Modification, b. Fertilization, and c. Drainage; American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Supplemental Support Systems) ANSI A300 (Part 3) — 2013 Revision of ANSI A300 (Part 3) — 2006; American National Standard for Tree Care Operations — Tree, Shrub and Other Woody Plant Management — Standard Practices (Lightning Protection Systems), ANSI A300 (Part 4) — 2014 Lightning Protection Systems Revision of ANSI A300 (Part 4) — 2008; American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction) ANSI A300 (Part 5) — 2012 Revision of ANSI A300 (Part 5) — 2005; American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Planting and Transplanting) ANSI A300 (Part 6) — 2012 Revision of ANSI A300 (Part 6) — 2005; American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Integrated Vegetation Management a. Utility Rights-of-way) ANSI A300 (Part 7) — 2012 Revision of ANSI A300 (Part 7) — 2006; American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Root Management) ANSI A300 (Part 8) — 2013; and American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Tree Risk Assessment a. Tree Failure), ANSI A300 (Part 9) — 2017 Tree Risk Assessment a. Tree Failure Revision of ANSI A300 (Part 9) — 2011. A licensed tree expert shall perform tree expert services only if qualified to do so by education or experience. In performing tree expert services, a licensed tree expert shall act with reasonable care and competence, and shall apply technical knowledge and skills according to American National Standards Institute published tree care industry standards as incorporated by reference in Regulation .02 of this chapter. A licensed tree expert may not knowingly assume or accept any position in which the licensed tree expert's interests conflict with the licensee's professional responsibilities unless the facts are disclosed by the licensee and consented to in writing by the client or employer. A licensed tree expert shall enter into a written contract with the client which shall clearly convey the: Licensed tree expert's name, license number, name of licensee's business entity, address, and phone number; Name, address, and phone number of the client; Objective and scope of services; Anticipated dates of the licensed tree expert's work on the project; Implications of any deviation from ANSI standards incorporated under Regulation .02 of this chapter; Amount and method of remuneration for the services; and Dated signatures of the licensed tree expert or the licensed tree expert's designee and the client or the client's designee. Any amendments to the contract shall be in writing and signed and dated by both the licensed tree expert or the licensed tree expert's designee and the client or the client's designee. A licensed tree expert may not accept compensation from more than one employer for the same service unless all parties involved are informed and consent. A licensed tree expert may not exploit clients served professionally by: Accepting a tree care project if benefit cannot reasonably be expected to accrue to the tree or trees or to the client; Continuing treatment when benefit cannot reasonably be expected to accrue to the tree or trees or to the client; Charging for services not rendered; Failing to fully inform clients served of the nature and possible effects of services rendered; or Misrepresenting services rendered. A licensed tree expert who anticipates the termination or interruption of service during the term of a contract shall notify the client promptly. A licensed tree expert shall pursue all professional endeavors with honesty, integrity, fairness, and professionalism. A licensed tree expert may only take credit for services performed by the licensed tree expert directly or by the licensed tree expert's firm under the licensed tree expert's supervision and direction. A licensed tree expert shall adhere to and maintain standards of professional conduct that reflect in a responsible manner on the profession. A licensed tree expert shall disclose associations with multiple tree care companies to each tree care company for which the licensee provides tree care services or supervision of tree care services. A licensed tree expert shall maintain records of all of the licensee's client contracts for tree expert services for 3 years after completion of a project. If requested by a current or former client, the licensed tree expert shall release a copy of the written record to the client or former client. The licensed tree expert may require a client or former client to pay the reasonable cost of providing the records requested. A licensed tree expert is responsible for the quality and content of all work performed by those working under the licensee. An applicant shall pay to the Department, as part of the examination application, a $30 fee. If the applicant fails an examination, an additional $20 fee must be paid for each subsequent examination application. A tree expert license shall be renewed every 2 years. A licensed tree expert shall pay a $20 fee every 2 years for license renewal. Professional Development. Commencing with the 2017 renewals, a licensed tree expert shall complete at least 8 hours of Department-approved continuing education instruction during the preceding 2-year term. The Department shall review and approve the curriculum for continuing education instruction provided that the curriculum includes information on: New State and federal laws, regulations, and policies; or Technologies affecting the work of a licensed tree expert. Before a course may be approved and advertised as meeting the continuing education instruction requirement of this section, the course holder shall: Submit the course curriculum to the Department for approval at least 4 weeks before the date of the scheduled course; and Submit documentation that includes the number of classroom hours, the curriculum, and the entity conducting the course. Documentation of completion of a course approved by the Department may be submitted to the Department by: A licensed tree expert providing a Certificate of Completion; or The approved course holder providing names and license numbers of those who completed the course. The Department may consider whether a licensee may receive credit for continuing education instruction for a course that was not pre-approved based on a licensee’s submission of the documentation required under §§E, F, and G of this regulation. The Department shall maintain continuing education records for each licensed tree expert to reflect the completion of approved course hours. If a licensed tree expert does not complete the required continuing education instruction within the 2-year license renewal deadline, the licensee shall only be able to renew a license by taking and passing the tree expert examination given by the Department. Pursuant to Natural Resources Article, §5-421(b), Annotated Code of Maryland, the Department of Natural Resources may temporarily suspend, for a period not to exceed 2 years, the license of a licensed tree expert who violates this chapter. This power of suspension is in addition to, and not in limitation of, the Department of Natural Resources' power to revoke or suspend a tree expert license pursuant to Natural Resources Article, §5-421(a), Annotated Code of Maryland. Before the suspension, revocation, or denial of a tree expert license, the Department shall provide a contested case hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04. During the suspension or revocation of a tree expert license, the tree expert shall not engage in performing tree care work, whether or not under the supervision of a licensed tree expert, for the period of the suspension or revocation. Natural Resources Article, §§1-104 and 5-415—5-423; State Government Article, §10-206; Annotated Code of Maryland Effective date: September 2, 2002 (29:17 Md. R. 1379) Regulation .02B amended effective October 13, 2003 (30:20 Md. R. 1447); March 28, 2005 (32:6 Md. R. 635); February 12, 2007 (34:3 Md. R. 297); March 19, 2012 (39:5 Md. R. 381); September 15, 2014 (41:18 Md. R. 1009); June 18, 2018 (45:12 Md. R. 617); August 26, 2019 (46:17 Md. R. 726); October 5, 2020 (47:20 Md. R. 875) Regulation .04D repealed effective October 13, 2003 (30:20 Md. R. 1447) Regulation .04D adopted effective February 12, 2007 (34:3 Md. R. 297) Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 569) Regulation .07 recodified to be Regulation .08 and new Regulation .07 adopted effective October 17, 2011 (38:21 Md. R. 1277) Regulation .07 amended effective September 14, 2015 (42:18 Md. R. 1174) Regulation .07C amended effective December 10, 2015 (42:24 Md. R. 1504) Regulation .08C adopted effective September 14, 2015 (42:18 Md. R. 1174) In this chapter, the following terms have the meanings indicated. Terms Defined. “Commercial logging or timber harvesting operations” means the cutting and removing of tree stems from a site for commercial purposes while leaving the root mass intact. Forest Products. “Forest products” includes trees or parts of trees that are harvested for compensation. “Forest products” includes green lumber, logs, pulpwood, firewood, bark, chips, shavings, and sawdust. “Forest products operator” means a person who represents to the public that the person is available to engage in the commercial trade of forest products, including the harvesting, transporting, selling or re-selling of forest products. “Licensed forest products operator” means a person who has received a license from the Department displaying the person’s qualification to practice as a forest products operator. Forest products may be sold for compensation only by a person licensed as a forest products operator by the Department. A licensed forest products operator shall comply in all respects with applicable statutes and regulations pertaining to forest products operations. A licensed forest products operator may not engage in any form of false or misleading advertising or promotional activities, including the falsification or misrepresentation of: The professional or trade qualifications or affiliations of the forest products operator; or The experience or licensing status of the forest products operator. A licensed forest products operator may not falsely represent the species of forest products sold or delivered, the quantity of forest products sold or delivered, or records of forest product transactions. A licensed forest products operator shall retain documentation of all sales of chips produced at the site of harvest, logs, pulpwood, and firewood for one year from the date of sale. The documentation shall provide: Date of sale, name and address of purchaser; Quantity of forest product sold or delivered including unit of measurement; Species of the forest product; and County from which the forest product originated. A licensed forest products operator shall disclose the license number issued by the Department in all advertisements of services offered or notices for sale of forest products. A forest products operator shall not trespass upon property adjacent to the property from which the forest products operator is lawfully harvesting or collecting forest products. A forest products operator shall ensure the safe operation of all equipment used during the harvesting or collecting of forest products. In the performance of harvesting, collecting, or transporting forest products, a forest products operator shall make every reasonable effort to protect the safety, health, property, and welfare of the public. A forest products operator shall cooperate fully with the Department of Natural Resources in an investigation or adjudication of an alleged violation of laws pertaining to licensed forest product operators and, upon request, shall provide copies of documents to the Department. A forest products operator shall, within 30 days, inform the Department of Natural Resources Forest Service in writing of a change in business address or telephone number. A licensed forest products operator is responsible for the quality and content of all work and acts performed by those working under the license. Qualifications; Issuance. The Department shall issue a forest products operator license to any applicant who: Pays the fee of $20 per year; and Completes a form provided by the Department indicating the applicant’s sales of forest products during the previous calendar year. Licensee to Carry Insurance. Every licensee shall obtain workman’s compensation insurance in an amount meeting the minimum requirements established pursuant to the Maryland Workers’ Compensation Act under Title 9 of the Labor and Employment Article, prior to the Department issuing the license. The licensee shall maintain the insurance protection for the period the license is in effect. Illegal Action and Activity. A person may not: Solicit, advertise, or represent oneself to the public as a forest products operator without having received a license; After having received the license and subsequently losing it by revocation or suspension, continue to represent oneself as a licensed forest products operator; or Use the title or abbreviation “F.P.O.” or any other words, letters, or abbreviations tending to indicate that one is a licensed forest products operator without having received a license, or when the license has been revoked or suspended. The Department may permanently revoke or temporarily suspend the license of any licensed forest products operator who: Is guilty of any fraud or deceit in obtaining the license; Violates any provision of Natural Resources Article, §5-608, Annotated Code of Maryland or this chapter. The Department shall provide notice of its intent to suspend or revoke a license in accordance with Natural Resources Article, §5-608(c), Annotated Code of Maryland. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. “Certificate” or “certification” means a written confirmation or document from the Department which affirms that firewood heat-treatment meets the requirements of this regulation at the time of inspection. “Certified forest product operator” means a licensed forest product operator who has obtained a certificate as defined in this section. “Compliance agreement” means a written agreement between a licensed forest product operator and the Department in which the licensed forest product operator agrees to comply with the provisions of this regulation. “Department” means the Department of Natural Resources. “Firewood” means cut wood products intended for burning. “Heat-treated firewood” means firewood produced by a certified forest product operator that has been heated to a minimum temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln for at least 75 minutes. Requirements for Heat-Treated Firewood. The following requirements apply to a certification for heat-treated firewood: All firewood labeled and sold as heat-treated firewood shall be heated to a temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln for at least 75 minutes; All firewood labeled and sold as heat-treated firewood shall be stored in such a manner to avoid infection or infestation by pests or plant disease pathogens, and at least 4 inches above ground; All kiln controls, thermocouples, or other temperature instrumentation shall provide accurate outputs and readings; Kiln methods and operations shall maintain for a minimum of 75 minutes a temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln; A record-keeping system shall document: For each treatment cycle, the date, time the required temperature is achieved, and duration for which the required temperature was maintained; and For each shipment of heat-treated firewood, the name and address of the receiving person or entity, the destination, and the date of shipment; Records required by §B(1)(e) shall be maintained for at least 2 years; and All firewood sold as heat-treated firewood shall be labeled with: The name and address of the certified forest product operator; The certificate number and date of expiration of the certificate; and The following statement: “State of Maryland Department of Natural Resources Certified Heat-Treated Firewood Operator. This firewood was heat-treated for at least 75 minutes to a temperature of at least 71.1° C (160° F).” Facilities, equipment, and records for firewood heat-treatment shall be inspected by the Department prior to issuance of a certificate, renewal of a certificate, and at any other time the Department considers necessary. Certification Application. To attain certification, an applicant shall: Complete an application form provided by the Department; Remit a fee of $30; and Enter into a compliance agreement with the Department. Certification Term and Renewal. A certificate shall remain valid for 1 year from the date issued by the Department. A certificate renewal application form shall be submitted, with a fee of $30, to the Department no later than 60 days prior to expiration of the certificate. Suspension and Revocation. The Department may permanently revoke or temporarily suspend the certification of any licensed forest products operator who: Is guilty of fraud or deceit in obtaining the certification; Violates any provision of Natural Resources Article, §5-608, Annotated Code of Maryland, or this chapter; or Violates any provision of the compliance agreement. The Department shall provide a certified forest products operator with notice of its intent to suspend or revoke a certification and the right to a contested case hearing in accordance with COMAR 08.01.04. Natural Resources Article, §5-608.1, Annotated Code of Maryland Effective date: November 14, 2011 (38:23 Md. R. 1420) Regulation .05A amended effective January 7, 2016 (42:26 Md. R. 1594) Regulation .08 adopted effective January 22, 2024 (51:1 Md. R. 16)