# COMAR Title 08 — Department of Natural Resources

## Subtitle 07 — Forests and Parks

### Chapter 05 — Woodland Incentive Program

**Authority:** Natural Resources Article, §5-303, Annotated Code of Maryland

**Administrative History:** Effective date: May 10, 1982 (9:9 Md. R. 903)

**Administrative History:** Chapter, Charges for Administering the Forest Conservation and Management Program, repealed effective August 27, 1984 (11:17 Md. R. 1491)

**Administrative History:** Regulations .01—.05, Woodland Incentive Program, adopted effective March 27, 1995 (22:6 Md. R. 473)

**Administrative History:** Regulation .02B amended effective February 15, 2016 (43:3 Md. R. 272)

**Administrative History:** Regulation .02C amended effective February 25, 2008 (35:4 Md. R. 513); May 16, 2011 (38:10 Md. R. 614)

**Administrative History:** Regulation .03 amended effective May 16, 2011 (38:10 Md. R. 614)

**Administrative History:** Regulation .03C amended effective November 5, 2007 (34:22 Md. R. 1976)

**Administrative History:** Regulation .04A amended effective February 15, 2016 (43:3 Md. R. 272)

**Administrative History:** Regulation .05B amended effective November 2, 1998 (25:22 Md. R. 1652); April 17, 2000 (27:7 Md. R. 705)

#### Regulation .01 Scope.

*COMAR 08.07.05.01*

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.

#### Regulation .02 Definitions.

*COMAR 08.07.05.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Department of Natural Resources — Forest Service.

  (2) “Forestry practice” means an approved or accepted silvicultural and reforestation activity including:

    (a) Thinning;

    (b) Pruning;

    (c) Prescribed burning;

    (d) Crop tree release;

    (e) Site preparation for natural or artificial reforestation;

    (f) Herbicide treatments; and

    (g) Planting of seedlings.

  (3) “Form” means the combined application and agreement form adopted by the Department for the purpose of implementing the Woodland Incentive Program.

  (4) “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.

  (5) “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.

  (6) “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.

  (7) “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.

  (8) Technical Assistance.

    (a) “Technical assistance” means the Department's assistance to a nonindustrial private forest landowner in the implementation of an approved practice or forest practice.

    (b) “Technical assistance” may include, but is not limited to:

      (i) Giving advice regarding forest resource protection; and

      (ii) Sharing information regarding restoration and management techniques, and advances in forest management technology.

  (9) Timber Stand Improvement.

    (a) “Timber stand improvement” means a precommercial cultural operation undertaken to improve the composition, value, condition, and number of trees in a timber stand.

    (b) “Timber stand improvement” includes:

      (i) Tree removal;

      (ii) Deadening; and

      (iii) Pruning activities.

  (10) “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.

C. Eligibility.

  (1) A landowner may apply for cost-share assistance for the Woodland Incentive Program if the:

    (a) Landowner is an individual, group, or corporation that owns private woodland in the State; and

    (b) Woodland tract meets the following criteria:

      (i) Consists of 5 to 1,000 contiguous acres;

      (ii) Is capable of producing more than 20 cubic feet of wood per acre per year;

      (iii) When appropriate, has the potential to be harvested for products including logs, timbers, pulpwood, firewood, woodchips, poles, piles, posts, and other primary forest products;

      (iv) 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.

  (2) 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.

  (3) A nonindustrial private forest landowner may apply for technical assistance regardless of the size of the tract.

#### Regulation .03 Application for Cost-Share Assistance for Woodland Incentive Program.

*COMAR 08.07.05.03*

A. 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:

  (1) The name, address, Social Security or federal identification number, and telephone number of the landowner;

  (2) 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:

    (a) Known map coordinates;

    (b) Tract designations;

    (c) Deed references;

    (d) Property boundaries;

    (e) North direction; and

    (f) Pertinent geographic and man-made features; and

  (3) A description of the existing conditions in the proposed treatment area, including:

    (a) Stocking levels;

    (b) Species;

    (c) Quality;

    (d) Growth potential;

    (e) Age class;

    (f) Acreage;

    (g) Significant plant and wildlife habitats;

    (h) Soil type classification;

    (i) Topographic conditions.

B. An eligible landowner seeking cost-share assistance shall submit an application on the form provided by the Department, which contains the:

  (1) Name, address, Social Security or federal identification number, and telephone number of the landowner;

  (2) Forestry practice and the estimated unit cost or total cost for which application is made; and

  (3) Location of woodland tract upon which the forestry practice will be implemented.

C. An eligible landowner seeking cost-share assistance shall sign a statement on a form provided by the Department, declaring that the landowner:

  (1) Agrees to use the cost-share assistance for continued forest improvement, and for growth of harvestable forest products on a long-term basis;

  (2) 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;

  (3) Agrees to maintain the forestry practice for a period of 15 years;

  (4) Agrees to complete the approved forestry practice within the time period specified by the Department;

  (5) Agrees to accept the cost-share payment not to exceed 65 percent of actual expenses as determined by the designated representative of the Department;

  (6) 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

  (7) Agrees to hold the Department harmless from liability for occurrences arising during inspections by representatives of the Department on official business.

D. Processing of Application.

  (1) 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.

  (2) 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.

E. Point Determination.

  (1) 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:

    (a) 60—69 = 2 points;

    (b) 70—79 = 4 points;

    (c) 80—89 = 6 points;

    (d) 90—99 = 8 points;

    (e) 100 = 10 points.

  (2) The size of total ownership in the proposed management plan is determined as follows:

    (a) 10—99 acres = 2 points;

    (b) 100—199 acres = 4 points;

    (c) 200—299 acres = 6 points;

    (d) 300—399 acres = 8 points;

    (e) 400—500 acres = 10 points.

  (3) The size of a tract or stand to which a particular forestry practice is to be applied is determined as follows:

    (a) 10—99 acres = 2 points;

    (b) 100—199 acres = 4 points;

    (c) 200—299 acres = 6 points;

    (d) 300—399 acres = 8 points;

    (e) 400—500 acres = 10 points.

  (4) The time period to which a landowner agrees to maintain the practice after installation is determined as follows:

    (a) 15—25 years = 2 points;

    (b) 26—35 years = 4 points;

    (c) 36—45 years = 6 points;

    (d) 46—55 years = 8 points;

    (e) 56 years or more = 10 points.

  (5) Species proposed to be managed are determined as follows:

    (a) Miscellaneous pine = 2 points;

    (b) Upland hardwoods = 4 points;

    (c) White oak/red oak = 6 points;

    (d) Cove hardwoods = 8 points;

    (e) Loblolly/shortleaf pine = 10 points.

F. 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.

G. 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.

H. Payments to Landowners From Woodland Incentive Fund—Limitation on Cost-Share Assistance.

  (1) The Department shall disburse payments to eligible landowners within a reasonable time after:

    (a) The Department has received proof of expenses from the landowner which the Department is able to determine are correct and justified; and

    (b) A representative of the Department has inspected the woodland tract and has approved the implementation of the forestry practices.

  (2) 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.

  (3) 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.

  (4) 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.

  (5) 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.

#### Regulation .04 Application for Technical Assistance for Woodland Incentive Program.

*COMAR 08.07.05.04*

A. An eligible landowner seeking technical assistance may be required to submit the following to the Department during the rendering of requested assistance:

  (1) The name, address, Social Security or federal identification number, and telephone number of the landowner; and

  (2) A sketch map of the property at a scale of not less than 1 inch = 660 feet, indicating the location by reference to:

    (a) Known map coordinates,

    (b) Tract designations,

    (c) Deed references,

    (d) Property boundaries,

    (e) Property tax account numbers by parcel,

    (f) North direction, and

    (g) Pertinent geographic and man-made features.

B. An eligible landowner seeking technical assistance may be required to submit the goals, objectives, or issues for which technical assistance is being sought.

#### Regulation .05 Charges for Cost-Share and Technical Assistance by the Department.

*COMAR 08.07.05.05*

A. The Department may charge reasonable fees for cost-share and technical assistance it may render the landowner in implementing approved forestry practices.

B. The fee may not exceed $12 for each affected acre during a 6-month period, except for the following services:

  (1) Plan preparation:

    (a) Less than 5 acres = $100,

    (b) 5—25 acres = $200,

    (c) 26—50 acres = $225,

    (d) 51—100 acres = $250,

    (e) 101—500 acres = $275,

    (f) 501 or more acres = $300;

  (2) Plan inspection:

    (a) 5—10 acres = $50,

    (b) 11 or more acres = $100;

  (3) Equipment rental—bedding with State equipment at $40 per acre;

  (4) Planting site exams at $40 per exam.

C. Fees collected for the Department's assistance shall be deposited into the Woodland Incentive Fund.

D. 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.