reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1206 - Certain State-Owned Roadless Areas and Islands, Wildlife Refuges, and Public Hunting Areas

Within ten years after July 1, 1971, the Secretary shall review every roadless area of 500 contiguous acres or more in the State-owned lands under his jurisdiction on July 1, 1971. Every area of State-owned roadless islands, State wildlife refuges, and public hunting areas under his jurisdiction on July 1, 1971 shall be reported to the Governor together with the Secretary’s recommendation as to the suitability or nonsuitability of each area or island for preservation as a wildland. The Governor shall advise the President of the Senate and Speaker of the House of Delegates of his recommendation with respect to the designation as wildland of each area or island on which review has been completed, and submit a map, and a definition of its boundaries. The advice shall be given with respect to not less than one third of the areas and islands to be reviewed under this subsection by July 1, 1974, not less than two thirds by July 1, 1978, and the remainder by July 1, 1981. A recommendation of the Governor for designation as wildland becomes effective only if provided by an act of the General Assembly. Nothing contained in this title may be construed, by implication or otherwise, to lessen the present statutory authority of the Secretary with respect to maintenance of roadless areas under his jurisdiction.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1208 - Notice and Hearings as to Designations

Prior to submitting any recommendations to the Governor with respect to the suitability of any area for preservation as wildland the Secretary shall:
(1)    Give the public notice he deems appropriate of the proposed action, including publication in a newspaper having general circulation in the vicinity of the affected land;
(2)    Announce and then hold a public hearing at a location convenient to the area affected. A hearing shall be announced by any means the Secretary deems appropriate, including notice in a newspaper of general circulation in the area but, if the lands involved are located in more than one county, the hearing shall be held in the county in which the greatest portion of the land lies; and
(3)    At least 30 days before the date of a hearing, advise the governing board of each county in which the lands are located, and State departments and units concerned and invite these officials and State units to submit their views on the proposed action at the hearing or not later than 30 days following the date of the hearing. Any view submitted to the Secretary under the provisions of this section with respect to any area shall be included with any recommendations to the Governor and General Assembly with respect to that area.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1209 - Adjustment of Boundaries by Notice, Hearing and Legislative Action

Any modification or adjustment of the boundaries of any State wildlands area shall be recommended by the Secretary after public notice of the proposal and public hearing as provided in § 5–1208 of this subtitle. The proposed modification or adjustment shall then be recommended with map and any description to the Governor. The Governor shall advise the General Assembly of his recommendations with respect to any modification or adjustment. Any recommendation shall become effective only by act of the General Assembly.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1210 - Effect of Designation of Woodland Areas Upon State Forests and State Park and Wildlife Refuge Systems

The purposes of Part II of this subtitle are supplemental to the purposes for which State forests and units of the State park and wildlife refuge systems are established and administered. Nothing in Part II of this subtitle may interfere with either the purpose for which State forests are established or modify the statutory authority under which units of the State park system are created and continued. The designation of any area of any park, monument, or other unit of the State park system as wildlands may not lower the standards evolved for the use and preservation of the park, monument, or other unit of the State park system.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1211 - Responsibility of Unit for Administering Areas; Wildland Areas to Be Devoted to Public Purposes

Except as otherwise provided in this part, each unit administering any area designated as wildlands is responsible for preserving the wildland character of the area and administering the other purposes for which it was established in order to preserve its wildland character. Except as otherwise provided in Part II of this subtitle, wildland areas shall be devoted to public purposes for recreational, scenic, scientific, educational, conservation, and historical use.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1212 - Restrictions on Certain Uses

Except as provided in Part II of this subtitle, and subject to existing private rights, a commercial enterprise or permanent road, except fire roads, may not exist within any wildlife area designated by Part II of this subtitle. Except as necessary to meet minimum requirements for the administration of the area for the purpose of Part II of this subtitle, including measures required in emergencies involving the health and safety of persons within the area, there shall be no temporary road, use of motor vehicles, motorized equipment, motorboats, landing of aircraft, or other forms of mechanical transport, and no structure or installation within any area.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1212.1 - Areas Open to Activities Prior to Wildlands Designation

Any area which was open to hunting, fishing, or trapping prior to wildlands designation shall continue to be available for those activities subject to the laws, regulations, and administrative policies of the Department.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1213 - When Motorboats Permitted; Control of Fire, Insects, and Disease

Within wildland areas designated by Part II of this subtitle, the use of motorboats, where they have already become established, may continue subject to any restrictions the Secretary deems desirable. In addition, necessary measures may be taken to control fires, insects, and diseases, subject to conditions the Secretary deems desirable. These regulations shall be adopted by July 1, 1972.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1213.1 - Measures to Protect Nearby Private Land

In addition to any measures taken under § 5-1213 of this subtitle, in order to protect privately owned land adjoining or located in close proximity to a State wildland, each unit administering the designated wildland area shall:
(1)    Maintain fire access roads located within the wildland area in a passable condition as determined by the Department; and
(2)    Take or allow immediate action, as approved by the Department, to respond to any threat resulting from insects, disease, noxious weeds, or fire.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1214 - Development of Resources and Facilities

Within State wildland areas designated under Part II of this subtitle, the Governor, within a specific area and in accordance with the regulations he deems desirable, may authorize prospecting for water resources, and recommend the establishment and maintenance of reservoirs, water conservation works, power projects, transmission lines, and other facilities needed in the public interest, including road construction and maintenance essential to the development and use of specified areas, upon his determination that the use in the specific area will better serve the interests of the State and its people than will its denial. The recommendations shall be made after public notice of a proposal and a public hearing as provided for in § 5–1208 of this subtitle. The proposed development shall become effective only by act of the General Assembly.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1215 - Access Rights of Owners of Surrounded Areas

If privately owned land is surrounded completely by areas designated by Part II of this subtitle as State wildland, the private owner and his successor in interest has the rights necessary to assure adequate access to the privately owned land, or the privately owned land may be exchanged for State-owned land in the same county of approximately equal value under authority available to the Secretary. However, the State may not transfer to a private owner any mineral interests unless the private owner relinquishes or causes to be relinquished to the State the mineral interest in the surrounded land. If valid mining claims or other valid occupancies are wholly within a designated wildlands area, the Secretary, by regulations consistent with the preservation of the area as State wildlands, may permit ingress and egress to the surrounded areas by means which have been or are being customarily enjoyed with respect to other areas similarly situated.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1216 - Secretary Authorized to Acquire Privately Owned Land Within Perimeter of Designated Area

Subject to the appropriation of funds by the legislature, the Secretary may acquire privately owned land within the perimeter of any area designated by Part II of this subtitle as wildlands if the owner concurs in the acquisition.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1217 - Acceptance of Gifts of Land or Wetlands; Purchase of Land, Wetlands, or Scenic Easements

The Department may accept any gift of land or wetlands to the State, make other agreements as to these lands, purchase land or wetlands, or purchase scenic easements in the name of the State to be held, restored, and administered as State wildland areas. The Department may also designate and set aside areas in State forests and State parks as wildland areas.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part III - Nature Conservancy › Section 5-1220 - Proposal by Nature Conservancy

The Nature Conservancy may submit to the Department a proposal outlining an area in which the Nature Conservancy has secured or is considering securing title or other legal interest. The proposal shall include the location, acreage, explanation of planned use, and explanation of values which make the acreage of interest to the State.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part III - Nature Conservancy › Section 5-1221 - Action by Secretary

Within three months after receipt of the proposal, the Secretary shall report to the Nature Conservancy his recommendations as to the suitability or nonsuitability of the proposal in relation to the State’s program of open space or wildland areas, with copies to the Board of Public Works, the President of the Senate, and the Speaker of the House of Delegates.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part III - Nature Conservancy › Section 5-1222 - Agreements by Secretary

Subject to the availability of funds and in accordance with other provisions of this article regarding open space and wildland areas, the Secretary may enter into agreements with the Nature Conservancy for the State to acquire title to or an interest in property owned by the Nature Conservancy or property on which the Nature Conservancy holds an option or a contract to purchase.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 13 - Penalties and Fines › Section 5-1301 - Enumeration

(a)    Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court.
(b)    Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within two years of any prior violation of this title.
(c)    In addition to any administrative penalty provided in this title, violation of any rule or regulation promulgated by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 13 - Penalties and Fines › Section 5-1302 - Collection of Fines

(a)    If any fine is imposed by the District Court for a violation of any provision of this title, the fine shall be collected pursuant to the provisions of law of the District Court system.
(b)    If any fine is imposed by the circuit court for a county, the fine, less the costs of collection and not otherwise provided for, shall be paid to the Forest or Park Reserve Fund.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 14 - Caves › Section 5-1401 - Definitions

(a)    In this subtitle the following terms have the meanings indicated.
(b)    “Cave” means any naturally occurring void, cavity, recess, or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge, including natural subsurface water and drainage systems. The word “cave” includes or is synonymous with cavern, sinkhole, grotto, and rock shelter.
(c)    “Cave life” means any life form which normally occurs in, uses, visits, or inhabits any cave or subterranean water system, excepting, herein, those animals and species covered by any of the game laws of this State.
(d)    “Commercial cave” means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry.
(e)    “Gate” means any structure or device located to limit or prohibit access or entry to any cave.
(f)    “Owner” means a person who has the right of access (or possession) to the cave.
(g)    “Person or persons” means any individual, partnership, firm, association, trust, or corporation.
(h)    “Sinkhole” means a natural depression in a land surface communicating with a subterranean passage or drainage system.
(i)    “Speleogen” means an erosional feature of the cave boundary and includes or is synonymous with anastomoses, scallops, rills, flutes, spongework, and pendants.
(j)    “Speleothem” means a natural secondary mineral formation or deposit occurring in a cave. This includes or is synonymous with stalagmites, stalactites, helectites, anthodites, gypsum flowers, needles, angel’s hair, soda straws, draperies, bacon, cave pearls, popcorn (coral), rimstone dams, columns, palettes, flowstone, et cetera. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite and other similar minerals.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 14 - Caves › Section 5-1402 - Prohibitions Regarding Use of Caves

(a)    (1)    A person may not, without express, prior, written permission of an owner, wilfully or knowingly:
(i)    Break, break-off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken, including speleothems, speleogens, and sedimentary deposits;
(ii)    Disturb or alter in any manner the natural condition of any cave; or
(iii)    Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained.
(2)    However, the entering or remaining in a cave by itself shall not constitute a violation of this section.
(b)    A person may not dispose of, dump, store, or otherwise introduce into any cave, sinkhole, or subterranean drainage system any litter, refuse, dead animals, sewage, trash, garbage, or any chemical or biological contaminant which is potentially dangerous to man or any form of cave life.
(c)    Unless otherwise established by the Secretary and clearly posted at the cave entrance, caves having access within the boundaries of public properties shall be open for recreational purposes.
(d)    Any person violating any provision of this section is guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $500, and in addition thereto, may be imprisoned for not less than ten days nor more than six months.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 14 - Caves › Section 5-1403 - Sale of Speleothems

A person may not sell or offer for sale any speleothems in this State, or to export them for sale outside the State. A person who violates any of the provisions of this section is guilty of a misdemeanor, and, upon conviction, shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 14 - Caves › Section 5-1404 - Disturbing Cave Life; Scientific Collecting Permits; Gates; Violation; Penalties

(a)    A person may not remove, disfigure, kill, harm, disturb, keep, restrain, or in any manner alter the natural condition or environment of any cave life.
(b)    Notwithstanding the provisions of subsection (a) of this section, scientific collecting permits may be obtained from the Secretary.
(c)    Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air, water, insects, bats, and aquatic fauna.
(d)    A person who violates any provision of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 14 - Caves › Section 5-1405 - Disturbing Paleontological Sites

(a)    A person may not excavate, remove, destroy, injure, deface, or in any manner disturb any paleontological site or any part thereof, including saltpeter workings, fossils, bones, or any other paleontological features which may be found in any cave.
(b)    Notwithstanding the provisions of subsection (a) of this section, a permit to excavate or remove paleontological features may be obtained from the Secretary. The permit shall be issued for a period of two years and may be renewed at expiration. It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit.
(c)    A person applying for a permit shall:
(1)    Have knowledge of paleontology.
(2)    Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work.
(3)    Provide data and results of any completed excavation, study, or collection at the first of each calendar year.
(4)    Obtain the prior written permission of the Secretary if the site of the proposed excavation is on State-owned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land.
(5)    Carry the permit while exercising the privileges granted.
(d)    A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor, and upon conviction shall be fined not less than $100 nor more than $500, and may be imprisoned for not less than ten days nor more than six months. A person who violates any of the provisions of subsection (b) of this section is guilty of a misdemeanor, and, upon conviction, shall be fined not less than $100 nor more than $500, and the permit shall be revoked.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 14 - Caves › Section 5-1406 - Liability of Cave Owner

(a)    An owner of a cave or the owner’s authorized agents acting within the scope of their authority shall have the immunity from liability described under § 5-804(b) of the Courts and Judicial Proceedings Article.
(b)    An owner of a commercial cave shall have the immunity from liability described under § 5-804(c) of the Courts and Judicial Proceedings Article.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 15 - Heritage Conservation Fund › Section 5-1502 - Purposes of Fund

The purposes of the Heritage Conservation Fund are for the State to acquire conservation easements or a fee simple or other interests in:
(1)    Forestlands;
(2)    Unique ecological areas of the State;
(3)    Any area characterized by significant natural scenic beauty;
(4)    Tidal or nontidal wetlands;
(5)    Lands in the Chesapeake Bay Critical Area, as defined under § 8-1807 of this article;
(6)    Any land designated as a unique ecological area under the Natural Heritage Program in the Department;
(7)    Any wilderness area that remains relatively undisturbed by human encroachment;
(8)    Lands supporting rare, threatened, or endangered plants or animals;
(9)    Lands that support diverse ecological communities of plants or animals;
(10)    Any land whose conversion to development would significantly affect water quality or unique natural habitat; and
(11)    Natural areas that have been designated by the State or submitted by a county for designation as areas of critical State concern under § 5-611 of the State Finance and Procurement Article.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 15 - Heritage Conservation Fund › Section 5-1503 - Acquisition of Conservation Easements

(a)    The Department may acquire a conservation easement or a fee simple or other interest in any land described under § 5-1502 of this subtitle.
(b)    The Department shall establish criteria for acquisition of conservation easements and of fee simple and other interests in lands, including a priority system that considers:
(1)    The ecological uniqueness of the land;
(2)    The presence of rare, threatened, or endangered plants or animals or diverse communities of plants or animals;
(3)    The threat to the land by development;
(4)    Whether the land is in the Chesapeake Bay Critical Area;
(5)    Whether development of the land will adversely impact water quality or unique natural habitat;
(6)    Whether a natural area has been designated by the State or submitted by a county for designation as an area of critical State concern under § 5-611 of the State Finance and Procurement Article; and
(7)    Whether the land is forestland, nontidal wetlands, or tidal wetlands.
(c)    The Department annually shall consult with the counties of the State:
(1)    For suggested acquisition of lands; and
(2)    To coordinate the acquisition projects under this subtitle.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 15 - Heritage Conservation Fund › Section 5-1504 - Management of Land or Interest in Land Acquired

(a)    The Department shall manage land or interests in land acquired under this subtitle to ensure:
(1)    The continued existence of any unique ecological features;
(2)    The continued survival of any rare, threatened, or endangered plant or animal;
(3)    The protection of forestlands and wetlands, although timber harvesting may be allowed under an approved forest conservation plan; and
(4)    The protection of the Chesapeake Bay and its tributaries and of water quality anywhere in the State.
(b)    To the extent compatible with the management requirements of subsection (a) of this section, the Department may permit recreational opportunities, including access to the Chesapeake Bay and its tributaries:
(1)    Where feasible; and
(2)    Where the recreation will not adversely affect the natural state of the land.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 15 - Heritage Conservation Fund › Section 5-1505 - Sources of Appropriations for Fund; Use of Money

(a)    Appropriations for the Heritage Conservation Fund may be provided from:
(1)    Special bond authorization;
(2)    General funds of the State; and
(3)    Other sources.
(b)    Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 16 - Forest Conservation › Section 5-1604 - Forest Stand Delineation

(a)    Except as provided in subsection (b)(2) and (3) of this section, after December 31, 1992, or after the date on which a local program has been adopted under § 5-1603 of this subtitle, whichever occurs first, a person making application for subdivision or grading or sediment control permits on areas greater than 40,000 square feet shall submit a forest stand delineation for the entire site prepared by a licensed forester, licensed landscape architect, or other qualified professionals that may be approved by the State or a local authority in the manner required by the approved program.
(b)    (1)    The forest stand delineation shall be used during the preliminary review process to determine the most suitable and practical areas for forest conservation. Subject to paragraphs (2) and (3) of this subsection, and except when waived by the Department during approval or review of a local program, the forest stand delineation shall contain the following components:
(i)    A topographic map delineating intermittent and perennial streams, and steep slopes over 25%;
(ii)    A soils map delineating soils with structural limitations, hydric soils, or soils with a soil K value greater than 0.35 on slopes of 15% or more;
(iii)    Forest stand maps indicating species, location, and size of trees and showing dominant and codominant forest types; and
(iv)    Any other requirements necessary to carry out the purposes of this subtitle established in regulations adopted by the Department or imposed by a local authority.
(2)    A concept plat or plan, preliminary plat or plan, sediment and erosion control plan, site plan, or other appropriate document, verified by a site visit if appropriate, may substitute for the forest stand delineation required by paragraph (1) of this subsection if:
(i)    There is no forest on the site; or
(ii)    No forest on the site is to be cut, cleared, or graded for the proposed use, and all forest on the site is to be subject to a long-term protective agreement.
(3)    The Department shall provide for, and a local authority may adopt, a simplified process or processes for forest stand delineation under this section, including:
(i)    Limiting required forest sampling to areas not proposed for protection under long-term protective agreements as long as all priority areas on the site are protected; and
(ii)    Minimizing overlapping mapping and sampling requirements for sites where no disturbance of priority forest retention areas is contemplated.
(c)    Within 30 days from receipt of the forest stand delineation, the Department or local authority shall notify the applicant whether the forest stand delineation is complete and correct. If the Department or local authority fails to notify the applicant about the delineation within 30 days, the delineation shall be treated as complete and correct. The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 16 - Forest Conservation › Section 5-1605 - Forest Conservation Plan. [Effective Until July 1, 2024]

(a)    Upon receipt of notice that the forest stand delineation is complete and correct, the applicant shall submit to the State or local authority a proposed forest conservation plan for the site.
(b)    The forest conservation plan shall be developed by a licensed forester, licensed landscape architect, or other qualified professionals that may be approved by the State or a local authority.
(c)    A proposed forest conservation plan shall contain:
(1)    A map of the site drawn at the same scale as the grading or subdivision plan;
(2)    A table listing the net tract area in square feet, the square foot area of forest conservation required for the site, and the square foot area of forest conservation provided by the applicant on-site and off-site, if applicable;
(3)    A clear graphic indication of the forest conservation provided on the site showing areas where both retention of existing forest or afforestation, by any and all methods, is planned;
(4)    An anticipated construction timetable, including the sequence for tree conservation procedures;
(5)    An afforestation or reforestation plan with a timetable and description of needed site and soil preparation, species, size, and spacing to be utilized;
(6)    Locations and types of protective devices to be used during construction activities to protect trees and areas of forest designated for conservation;
(7)    Limits of disturbance delineated;
(8)    Stockpile areas delineated;
(9)    A binding 2-year management agreement that details how the areas designated for afforestation or reforestation will be maintained to ensure protection or satisfactory establishment including:
(i)    Watering; and
(ii)    Reinforcement planting provisions if survival falls below required standards; and
(10)    Any other requirement established in regulations adopted by the Department, or imposed by a local authority.
(d)    Within 45 days from receipt of the forest conservation plan, the Department or local authority shall notify the applicant whether the forest conservation plan is complete. If the Department or local authority fails to notify the applicant about the forest conservation plan within 45 days, the plan shall be treated as complete and approved. The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances. In addition, at the request of the applicant, the State or local authority may extend this deadline for extenuating circumstances.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 16 - Forest Conservation › Section 5-1608 - Review of Forest Conservation Plan Concurrent With State or Local Review for Subdivision Plan, Grading or Sediment Control Permits

(a)    The review of the forest conservation plan shall be concurrent with the review process of the State or local authority for the subdivision plan, or the grading or sediment control permit, whichever may be submitted first.
(b)    Before the approval of the final subdivision plan, or the issuance of the grading or sediment control permit by the State or local authority, the applicant shall have an approved forest conservation plan that shall include the requirements in §§ 5-1605, 5-1606, and 5-1607 of this subtitle.
(c)    (1)    Any person found to be in noncompliance with this subtitle, regulations adopted under this subtitle, the forest conservation plan or the associated 2-year management agreement shall be assessed by the Department or local authority, the penalty of 30 cents per square foot of the area found to be in noncompliance with required forest conservation.
(2)    This amount shall be paid into the appropriate local or State Forest Conservation Fund.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 16 - Forest Conservation › Section 5-1609 - Regulations; Guidance Manuals; Forest Resource Inventory

(a)    (1)    By December 31, 1991, the Department, after consulting with local government and the real estate development, building, and environmental communities, shall adopt regulations, including the development of guidance manuals to:
(i)    Implement this subtitle and set requirements and standards which establish:
1.    Standards of performance required in forest stand delineations and forest conservation plans including the submittal process;
2.    Criteria for local forest conservation programs; and
3.    Implementation processes for the Department’s administration in the absence of a local forest conservation program;
(ii)    Assist and guide local authorities in the development of their local forest conservation program by providing:
1.    Training of local officials; and
2.    A model local government ordinance that meets the requirements of this subtitle; and
(iii)    Assist developers, planners, surveyors, engineers, foresters, biologists, and landscape architects in:
1.    Developing methodology and gathering natural resource information required in the preparation of a forest stand delineation and a forest conservation plan;
2.    Determining the size, location, and orientation of forest areas to be retained;
3.    Determining the size, location, and orientation of areas to be afforested or reforested;
4.    Implementing protection techniques and devices used in preserving specimen trees or areas designated for retention during construction; and
5.    Determining species, spacing, and timing of afforestation or reforestation.
(2)    All provisions of the guidance manual that are not specifically noted as standards or minimum requirements shall be deemed recommendations by the Department for the development of the local program.
(b)    By December 31, 1992, the Department shall prepare and provide to local authorities a statewide forest resource inventory that shall:
(1)    Be updated every 5 years or as deemed appropriate by the Department; and
(2)    Include a list of potential sites for reforestation or afforestation of both publicly and privately owned land on a county by county basis.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 16 - Forest Conservation › Section 5-1610.1 - Forest Mitigation Banks. [Effective Until July 1, 2024]

(a)    The Department shall develop standards and adopt regulations for the creation and use of forest mitigation banks, including criteria for tracking, crediting, maintaining, bonding, and reporting mitigation bank activities.
(b)    A local jurisdiction may develop procedures for establishing forest mitigation banks as part of its forest conservation program.
(c)    Mitigation banks may be permitted only in priority areas as identified in § 5–1607(d) of this subtitle or as identified in a comprehensive plan adopted by a local jurisdiction.
(d)    The establishment of mitigation banks and their use may not alter the sequence for retention, reforestation, or afforestation on a development site as outlined in § 5–1607 of this subtitle.
(e)    Criteria established by local or State programs for the use and establishment of forest mitigation banks shall include protection and conservation in perpetuity of forest mitigation banks consistent with reasonable management plans, through methods that include easements, covenants, or similar mechanisms that shall be in place at the time credits are withdrawn.
(f)    This section may not be construed to require the Department or a local jurisdiction to:
(1)    Establish or fund State or local mitigation banks;
(2)    Fund the establishment of forest mitigation banking by the private sector; or
(3)    Use State or local government land for forest mitigation banking.
(g)    (1)    Credits in a mitigation bank may not be approved for debiting until construction of the mitigation bank is complete.
(2)    A mitigation bank shall maintain sufficient credits in reserve to cover anticipated expenses of completion of the mitigation bank.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 16 - Forest Conservation › Section 5-1611 - Variances

(a)    In the preparation of the State or local forest conservation programs, the State and local authorities shall provide for the granting of variances to the requirements of this subtitle, where owing to special features of a site or other circumstances, implementation of this subtitle would result in unwarranted hardship to an applicant.
(b)    Variance procedures adopted under this section shall:
(1)    Be designed in a manner consistent with the spirit and intent of this subtitle; and
(2)    Assure that the granting of a variance will not adversely affect water quality.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 16 - Forest Conservation › Section 5-1612 - Enforcement

(a)    (1)    The enforcement provisions in this section and § 5–1608 of this subtitle are in lieu of any other provision in this title.
(2)    In addition to the enforcement authority granted the Department, the enforcement provisions of this section may be exercised by any local authority that has adopted a forest conservation program, in addition to any enforcement provisions available to the local authority.
(b)    The Department or a local authority may revoke an approved forest conservation plan for cause, including violation of conditions of the plan, obtaining a plan approval by misrepresentation, failing to disclose a relevant or material fact, or change in conditions. The Department or a local authority shall notify the violator in writing and provide an opportunity for a hearing.
(c)    The Department or a local authority may issue a stop work order against any person who violates any provision of this subtitle or any regulation, order, approved plan, or management agreement.
(d)    (1)    A person who violates any provision of this subtitle or any regulation, order, plan, or management agreement under this subtitle is liable for a penalty not exceeding $1,000 which may be recovered in a civil action brought by the Department or a local authority. Each day a violation continues is a separate violation under this subtitle.
(2)    The court may issue an injunction requiring the person to cease the violation and take corrective action to restore or reforest an area.
(e)    A local authority conducting enforcement activity in accordance with this section or § 5–1608(c) of this subtitle shall give notice to the Department within 15 days after the commencement of the enforcement activity.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 16 - Forest Conservation › Section 5-1613 - Annual Report

On or before September 30 of each year, the Department shall submit, subject to § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee a statewide report, compiled from local authorities’ reports to the Department, on:
(1)    The number, location, and type of projects subject to the provisions of this subtitle;
(2)    The amount and location of acres cleared, conserved, and planted, including any areas which utilize forest mitigation bank credits or areas located in the 100 year floodplain, in connection with a development project;
(3)    The 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;
(4)    The costs of implementing the forest conservation program;
(5)    The size, location, and protection of any local forest mitigation banks which are created under a local or State program;
(6)    The number, location, and type of violations and type of enforcement activity conducted in accordance with this subtitle; and
(7)    To the extent practicable, the size and location of all conserved and planted forest areas, submitted in an electronic geographic information system or computer aided design format.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 17 - Leasing of State Oil and Gas Resources › Section 5-1701 - Regulations; Lease Required; Restrictions on Leases

(a)    (1)    The Board of Public Works shall adopt regulations establishing procedures and standards for awarding any oil or natural gas lease for production or reserve under lands or waters of the State.
(2)    An area leased for reserve may not be put into production until the lessee obtains a lease for production pursuant to § 5-1702 of this subtitle.
(b)    The Board of Public Works shall adopt regulations establishing a system by which persons may periodically nominate areas beneath lands or waters of the State for possible leasing for production or reserve of oil or natural gas.
(c)    The Board of Public Works may not enter into any lease under this section that would preclude or interfere with the public or private harvesting of finfish or shellfish.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 17 - Leasing of State Oil and Gas Resources › Section 5-1703 - Strict Liability

Any person who drills for oil or gas on the lands or in the waters of the State is strictly liable for any damages that occur in exploration, drilling, or producing operations or in the plugging of the person’s oil or gas wells, including liability to the State for any environmental damage.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 18 - South Mountain Battlefield › Section 5-1801 - Legislative Findings; Established; Management; Fees; Revenues; Boundaries; Funding

(a)    The General Assembly finds that:
(1)    On September 14, 1862, the Union and Confederate Armies fought a major battle along a seven mile stretch of South Mountain, which was the first battle of the Civil War fought on Maryland soil.
(2)    The South Mountain Battlefield has been recognized as one of the 11 most endangered historic places in America for 2000.
(3)    In order to preserve the land where the battle was fought and to provide the public with access to appreciate the land where the battle was fought, it is declared to be the public policy of this State to establish the first Civil War State Battlefield at South Mountain and to provide the authority and resources to develop and operate the Battlefield.
(b)    (1)    The Department shall manage the development and operation of the South Mountain Battlefield.
(2)    The Department shall exercise the same powers of adopting regulations and managing the Battlefield that:
(i)    Are exercised by the Department for a State park; and
(ii)    Are consistent with the historic significance of the Battlefield.
(3)    (i)    The Department may set and charge fees based upon the approximate cost of operating the Battlefield to cover the cost of operating the Battlefield.
(ii)    Any excess revenue at the end of a fiscal year shall be remitted to the General Fund.
(c)    The South Mountain Battlefield shall encompass the property owned by the State along South Mountain between the northern portion of Washington Monument State Park in Washington and Frederick counties and the property near the town of Brownsville, south of Gathland State Park in Washington County.
(d)    Subject to the availability of funds, the Governor shall appropriate the necessary funds in the State budget each year to the Department for the construction, operation, maintenance, and administration of the South Mountain Battlefield.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 19 - Calvert County Youth Recreational Opportunities Fund › Section 5-1901 - Fund

(a)    In this section, “Fund” means the Calvert County Youth Recreational Opportunities Fund.
(b)    There is a Calvert County Youth Recreational Opportunities Fund.
(c)    The purpose of the Fund is to increase youth recreational opportunities in Calvert County.
(d)    The Secretary shall administer the Fund.
(e)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    Revenue distributed to the Fund under § 2–202(b)(3) of the Tax – General Article;
(2)    Money appropriated in the State budget to the Fund; and
(3)    Any other money from any other source accepted for the benefit of the Fund.
(g)    The Fund may be used only for projects that are approved by the Secretary to advance youth recreational opportunities in Calvert County and that receive contributions from the county for the projects.
(h)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any investment earnings of the Fund shall be credited to the General Fund of the State.
(i)    Expenditures from the Fund may be made only in accordance with the State budget.
(j)    Subject to subsection (k) of this section, money expended from the Fund for youth recreational opportunities in Calvert County is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for youth recreational opportunities in Calvert County.
(k)    (1)    Money from the Fund first shall be used for the sole purpose of completing the development of Ward Farm Recreation and Nature Park until the development of the park is complete.
(2)    After completion of the development of Ward Farm Recreation and Nature Park, the Calvert County Board of County Commissioners shall adopt a plan to expand youth recreational opportunities at additional locations.