# COMAR Title 27 — Critical Area Commission for the Chesapeake and Atlantic Coastal Bays

## Subtitle 02 — Development in the Critical Area Resulting From State and Local Agency Programs

### Chapter 05 — State Agency Actions Resulting in Development on State-Owned Lands

#### Regulation .15-3 Planting Plan Requirements.

*COMAR 27.02.05.15-3*

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.