Plain Text Law

Regulation .15-3 Planting Plan Requirements.

Regulation .15-3 Planting Plan Requirements.Copy Citation

A.
Based on the constraints and opportunities presented by a project area, a State agency shall select from the following options to address the planting plan requirements of Regulation .15-1E and F of this chapter:
(1)
Plant on-site in one of the following planting areas:
(a)
The area within 300 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream;
(b)
Contiguous to or within a designated forest interior dwelling bird habitat; or
(c)
A wildlife corridor; or
(2)
If approved by the Commission:
(a)
Plant off-site and the planting options are in accordance with §A(1) of this regulation;
(b)
Create a wetland migration area, nonstructural shoreline stabilization measure, or other nature-based practice that naturally adjusts to changing environmental conditions through the lifespan of the practice and is designed to address future sea level rise, precipitation-induced flooding, or other climate change impacts;
(c)
Create, restore, or enhance a nontidal wetland that results in habitat and water quality benefits if it is authorized by the Department of the Environment; or
(d)
Propose alternative mitigation options for Commission review.
B.
A State agency shall ensure that any general landscape screening requirements for construction of an energy generating system are not included as part of the mitigation or on-site or off-site planting required in Regulation .15-1 of this chapter.
C.
A State agency shall require a planting plan for:
(1)
The area under the solar panels; or
(2)
Replanting required in Regulation .15-1D and F of this chapter.
D.
A State agency shall ensure long-term maintenance of the plantings.