# COMAR Title 08 — Department of Natural Resources

## Subtitle 19 — Forest Conservation

### Chapter 06 — Additional Requirements for State and Local Programs

**Authority:** Natural Resources Article, §§1-104 and 5-1601—5-1613; State Government Article, §10-206; Annotated Code of Maryland

**Administrative History:** Effective date: January 20, 1992 (19:1 Md. R. 24)

**Administrative History:** Regulation .01A amended effective November 22, 1993 (20:23 Md. R. 1804)

**Administrative History:** Regulation .01B, C amended effective July 1, 1996 (23:13 Md. R. 942)

**Administrative History:** Regulation .01D—F adopted effective August 20, 2001 (28:16 Md. R. 1482)

**Administrative History:** Regulation .01E amended effective April 5, 2010 (37:7 Md. R. 569)

**Administrative History:** Regulation .02A amended effective August 20, 2001 (28:16 Md. R. 1482)

**Administrative History:** Regulation .03A—C amended effective June 15, 1998 (25:12 Md. R. 946)

**Administrative History:** Regulation .03C, F amended effective April 5, 2010 (37:7 Md. R. 569)

**Administrative History:** Regulation .04B amended effective August 20, 2001 (28:16 Md. R. 1482)

#### Regulation .01 Qualified Professional.

*COMAR 08.19.06.01*

A. An individual may prepare a forest stand delineation or a forest conservation plan, if the individual:

  (1) Is a licensed forester;

  (2) Is a licensed landscape architect;

  (3) Is approved by a local program for work in that jurisdiction and the program has:

    (a) Received final approval by the Department, and

    (b) Criteria for a qualified professional consistent with the requirements of the Department; or

  (4) Meets the requirements of §B of this regulation.

B. An individual may be approved by the Department as a qualified professional if the individual:

  (1) Possesses the following education or experience requirements:

    (a) A 4-year degree in the natural resources sciences, natural resource management, landscape planning, or environmental planning,

    (b) 4 years of professional experience in natural resources sciences, natural resource management, landscape planning, environmental planning, or the equivalent as determined by the Department, or

    (c) A graduate degree in natural resources sciences and 1 year of professional experience;

  (2) Has shown the ability to meet the obligations required by the Department to prepare a forest stand delineation and a forest conservation plan; and

  (3) Has satisfactorily completed a forest conservation training program approved by the Department.

C. The Department shall approve forest conservation training programs to be offered on a regular basis. This approval is contingent on the proposed training program demonstrating how to:

  (1) Develop and interpret a forest stand delineation and forest conservation plan according to criteria stated in COMAR 08.19.04;

  (2) Prepare and interpret soils, topography, floodplain, wetlands, and site maps;

  (3) Prepare afforestation and reforestation plans according to criteria stated in COMAR 08.19.04;

  (4) Prepare a sketch map of a site, showing areas of forest retention, proposed reforestation, or afforestation;

  (5) Identify and evaluate protection measures that may be appropriate for forested areas that are sensitive to disturbance;

  (6) Identify flora and fauna, including trees, woody shrubs, plants, and wildlife;

  (7) Diagnose and treat forest pest and disease problems; and

  (8) Understand ecosystem interactions including:

    (a) Water regime impacts,

    (b) Soil variations as they affect existing trees and species selection for afforestation and reforestation,

    (c) Wildlife habitats,

    (d) Multistoried plant canopies, and

    (e) Forest successional stages.

D. The Department may revoke or temporarily suspend its approval of an individual as a qualified professional, pursuant to §B of this regulation, if the individual is found guilty of:

  (1) Fraud or deceit in obtaining the Department's approval as a qualified individual; or

  (2) Negligence or wrongful conduct in the preparation of a forest stand delineation or forest conservation plan.

E. Hearing.

  (1) Approval of an individual as a qualified professional may not be revoked or temporarily suspended until after the individual has a hearing before the Department. Notice of the cause for the suspension or revocation and the hearing date shall be sent to the individual at the individual's last known address by registered or certified mail at least 20 days before the hearing. The nonappearance of the individual after the required notice has been given does not preclude holding the hearing.

  (2) A hearing under this section is a contested case hearing and shall be conducted under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

F. The Department may reissue its approval of any qualified professional whose approval was previously revoked.

#### Regulation .02 Training.

*COMAR 08.19.06.02*

A. Seminars for Local Officials.

  (1) The Department shall provide a training program to assist local officials in the development of local programs, including one seminar per year for each geographic region of the State for the calendar years of 1992 and 1993.

  (2) For the purposes of this training program the geographic regions are:

    (a) Central Region—Baltimore, Carroll, Cecil, Harford, Howard, Kent, Montgomery, and Queen Anne's counties and Baltimore City;

    (b) Eastern Region—Caroline, Dorchester, Somerset, Talbot, Wicomico, and Worcester counties;

    (c) Southern Region—Anne Arundel, Calvert, Charles, Prince George's, and St. Mary's counties; and

    (d) Western Region—Allegany, Frederick, Garrett, and Washington counties.

B. Additional Seminars.

  (1) The Department may offer additional annual seminars to assist local officials, developers, planners, surveyors, engineers, foresters, biologists, and landscape architects in the development, review, or approval of forest stand delineations and forest conservation plans.

  (2) The Department may sponsor additional seminars in conjunction with other professional and trade organizations.

#### Regulation .03 Enforcement.

*COMAR 08.19.06.03*

A. Application.

  (1) The provisions of this chapter apply to a person:

    (a) Under the State program making application for a subdivision or project plan, grading, or sediment control permit, on areas 40,000 square feet or greater; and

    (b) Violating the terms and provisions of an easement, covenant, or deed restrictions regarding a forest mitigation bank.

  (2) A local authority may adopt the provisions of this chapter for the enforcement of a local program.

B. Complaints and Orders.

  (1) In addition to sanctions authorized by Natural Resources Article, §5-1612, Annotated Code of Maryland, the Department may serve a written complaint on an alleged violator if the Department determines that there has been a violation of:

    (a) A provision of Natural Resources Article, §§5-1601—5-1611, Annotated Code of Maryland;

    (b) A regulation of this subtitle;

    (c) A forest stand delineation or forest conservation plan;

    (d) An administrative order; or

    (e) An easement, covenant, or deed restriction regarding a forest mitigation bank.

  (2) The complaint shall:

    (a) Identify the violator and the location of the violation;

    (b) State the provision violated;

    (c) State the specific facts on which the complaint is based; and

    (d) Provide an opportunity to request a hearing to contest the complaint.

  (3) Corrective Action.

    (a) At any time, including during an enforcement action, the Department may issue an administrative order requiring the violator to take corrective action within a certain time period.

    (b) The corrective action may include an order to:

      (i) Stop the violation;

      (ii) Stabilize the site;

      (iii) Stop all construction work at the site of a regulated activity;

      (iv) Restore or rectify unlawfully cleared areas; or

      (v) Submit a written report or plan concerning the violation.

  (4) Service.

    (a) A complaint, order, or other administrative notice issued by the Department shall be served:

      (i) On the violator personally;

      (ii) On the violator's agent at the activity site; or

      (iii) By certified mail to the violator's last known address.

    (b) An order issued under this regulation is effective immediately, according to its terms, when it is served.

C. Hearings.

  (1) The Department shall give notice and hold a hearing under this chapter in conformance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

  (2) Within 10 calendar days of receiving a complaint, order, or notice under this chapter, the violator may request a hearing, in writing.

  (3) If a person has been served with an order for corrective action, the person may request a stay in conjunction with a request for a hearing.

  (4) A request for stay may be heard before or during a hearing on the complaint. At the request of a violator, a request for stay may be heard within 10 business days of the Department's receipt of the request.

  (5) Administrative Action for a Forest Conservation Plan or Bond. The Department may suspend or revoke a forest conservation plan or forfeit a bond on a forest conservation plan on failure of the violator to comply with the requirements of an administrative order.

  (6) In addition to seeking an injunction to enforce the terms of any easement, covenant, or deed restrictions regarding a forest mitigation bank, or seeking any other civil remedies, the Department may assess noncompliance fees against a person found to be in noncompliance with the terms of an easement, covenant, or deed restrictions regarding a forest mitigation bank. The fee shall be a penalty of 30 cents per square foot of the area found to be in noncompliance with the requirements. Money collected as noncompliance penalties shall be deposited in the State Forest Conservation Fund.

  (7) Statutory Remedies. The provisions of this subtitle may not be construed to limit or affect the authority of the Department to proceed against violators under Natural Resources Article, §5-1612, Annotated Code of Maryland.

D. Plan Suspension and Revocation. The Department may suspend or revoke a plan after notice to the violator and opportunity for a hearing has been provided if the Department determines that one or more of the following has occurred:

  (1) Failure of a violator to post a bond required under COMAR 08.19.05.01B;

  (2) Failure to comply with the requirements of an administrative action or order issued under this subtitle, or for a violation of Natural Resources Article, §§5-1601—5-1612, Annotated Code of Maryland;

  (3) Misrepresentation in the application process or failure to disclose a relevant or material fact;

  (4) Violation of a forest conservation plan requirement;

  (5) Substantial deviation from the conditions, specifications, or requirements of a plan;

  (6) Changes in site conditions, new information, or amended regulatory requirements necessitate revocation before a person's rights under a plan have vested.

E. Notice. Except as provided under §G of this regulation, the Department may not suspend or revoke a forest conservation plan unless the Department first gives the violator written notice by certified mail of the specific facts that warrant suspension or revocation, and an opportunity to be heard.

F. Contested Case Hearings.

  (1) On receipt of written notice to suspend or revoke a forest conservation plan, the violator has 10 calendar days to request a contested case hearing.

  (2) A hearing under this regulation shall be conducted in conformance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

  (3) If the Department does not receive a request for a hearing, the forest conservation plan shall be suspended or revoked.

G. Emergency Action.

  (1) The Department may order the immediate suspension of a forest conservation plan if the Department finds that the public health, safety, or welfare imperatively requires the emergency suspension.

  (2) The Department shall promptly give the violator written notice that the emergency action has been taken.

  (3) A notice of emergency action shall include a statement of:

    (a) Specific facts on which the emergency suspension is based; and

    (b) The violator's opportunity to be heard.

#### Regulation .04 Statewide Forest Resource Inventory.

*COMAR 08.19.06.04*

A. By December 31, 1992, the Department shall prepare and provide to local authorities a statewide forest resource inventory that includes:

  (1) A list of priority areas for reforestation or afforestation of both publicly and privately owned land on a county-by-county basis; and

  (2) Specific areas which contain plants and animal species to be considered as priority areas for forest retention and protection under Natural Resources Article, §5-1607(c), Annotated Code of Maryland.

B. The Department shall update the Statewide forest resource inventory at least every 5 years or as considered appropriate.