<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 08.19.02.04" title_num="08" subtitle_num="19" chapter_num="02" heading="Biennial Review.">
  <paragraph num="A.">
    <text>The Department shall conduct a review of each local program at least every 2 years from the date the program is approved.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The review shall consist of:</text>
    <paragraph num="(1)">
      <text>Documentation from the local authority which includes the:</text>
      <paragraph num="(a)">
        <text>Number, location, and type of projects;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Number and location of acres cleared, conserved, and planted;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Amount of reforestation and afforestation fees and noncompliance penalties collected and expended, the number of acres for which the fees were collected, and the number of acres reforested, afforested, or conserved using the fees; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Number and location of forest mitigation banks approved;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Field checks by the Department at development projects subject to the local program and forest mitigation banks approved by the local program; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An evaluation of compliance with the performance standards and required forest conservation measures provided in Natural Resources Article, §§5-1601—5-1612, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The information required by §B(1) of this regulation shall be submitted with a letter signed by the person in charge of the local program.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A local authority having a proposed amendment to its program shall demonstrate to the Department's satisfaction that the proposed amendment is as stringent or more stringent than the provisions of Natural Resources Article, §§5-1601—5-1612, Annotated Code of Maryland, and this subtitle.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The Department may conduct a review at any time it receives information that a local program is being administered in substantial violation of Natural Resources Article, §§5-1601—5-1612, Annotated Code of Maryland, and this subtitle.</text>
  </paragraph>
  <paragraph num="F.">
    <text>If the Department notifies a local authority that the authority's program is in noncompliance and the local authority has failed to comply with the terms of the notice with 90 days, the Department may do one or more of the following:</text>
    <paragraph num="(1)">
      <text>Assume review and approval of all forest conservation plans and forest mitigation bank applications within the jurisdiction of the local authority until the deficiencies are corrected;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>On a finding by an auditor made in consultation with the Office of the Attorney General that a local authority has misappropriated local forest conservation funds, the Department may require the local authority to submit payment to the State Forest Conservation Fund for the amount of any misappropriated local forest conservation funds; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Request that the Attorney General investigate payments and expenditures of funds collected by the local authority under this subtitle.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>The Department's assumption of a local program does not affect the validity of a prior approval of a forest conservation plan granted by the local authority.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Every 2 years, the Department shall review an exemption received by a county under Regulation .01B or D of this chapter.</text>
  </paragraph>
  <paragraph num="I.">
    <text>Loss of County's Exemption.</text>
    <paragraph num="(1)">
      <text>If a county fails to maintain at least 200,000 acres of forest cover, the Department shall:</text>
      <paragraph num="(a)">
        <text>Revoke the exemption status of the county, including municipalities; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide notice of revocation in the Maryland Register and in a daily newspaper distributed in the county.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Within a county or municipality which has lost its exemption, a person who has not received final plat or equivalent approval, or who has not been issued a grading or sediment control permit for a project, is subject to the State program 60 days after the publication of the notice of revocation described in §I(1)(b) of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Within 4 months of initial publication of notice of revocation, a county and any municipality which has not assigned its obligation provided in Natural Resources Article, §5-1603(a)(3), Annotated Code of Maryland, shall submit a proposed program to the Department.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Within 2 months of submission, the Department shall approve a program as submitted by the county or municipality or provide written notice of program elements needing revision.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Revisions required by the Department shall be submitted to the Department within 2 months of the date the Department notified the county or municipality of the need for revisions.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>If a county or municipality does not adopt a local program, the Department shall continue to review and approve all forest stand delineations and forest conservation plans within that county or municipality.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>Appeal of Program Suspension or Revocation.</text>
    <paragraph num="(1)">
      <text>If a local program is found to be deficient by the Department, the appropriate official of the local authority may request a hearing before the Secretary. The hearing is not a contested case hearing under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A hearing request shall be in writing and filed with the Secretary within 30 days of issuance of the decision to suspend or revoke.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The hearing request shall contain:</text>
      <paragraph num="(a)">
        <text>The name, address, and telephone number of the person requesting the hearing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A description of the grounds for the request;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A statement of the specific relief desired as a result of the hearing;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>An outline of the evidence to be presented in support of the desired relief, including the names and addresses of all witnesses to be called; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Documentation which describes the authority of the person requesting the hearing to represent the local authority.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A hearing before the Secretary shall be conducted within 60 days unless delayed because of extenuating circumstances.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The decision of the Secretary, on the basis of the hearing, shall be the final decision of the Department.</text>
    </paragraph>
  </paragraph>
</regulation>