Ten years ago, the Department of Natural Resources
(DNR) contracted with the University of Baltimore School of Law to produce a AGuide to Maryland=s
Regulation of Forest Products Industries.A By
its creation, the Guide acknowledged the dual contributions of Maryland=s forests to the State=s economy and to its natural environment. By its content, the Guide
recognized that the balance between these interests can create a regulatory
path that, to the uninitiated, may seem tortuous. The Guide sought to map this path and its many roads. It described forestry-related laws and
regulations and how they worked. It
also provided names, addresses and telephone numbers of State and local
officials responsible for implementing these laws and regulations.
In the last 10 years, much has changed. Some of the laws discussed in the original
Guide addressed laws were in their infancy, such as the Chesapeake Bay Critical
Area law and the Nontidal Wetlands Act.
Other laws had not yet seen the light of legislative day, such as the
Forest Conservation Act. State
government has also changed. For example, some of the functions once assigned
to DNR are now the responsibility of the Maryland Department of the
Environment. Local responsibility for
implementing State programs has increased.
With the rest of society, government processing of information is
transformed. The World Wide Web
provides immediate answers to questions in all walks of life, including
virtually all of the topics covered in this Guide.
The 2001 AGuide
to Maryland’s Regulation of Forestry and Related Practices@ updates the 1990 Guide. It discusses the regulatory framework using a new format:
activity and requirement, in addition to regulatory name. For example, to prune trees for compensation
a person needs a tree expert license.
This is the activity. To get the
license, a person must have certain qualifications. These are the requirements.
The regulatory name of the program is the tree expert license law. The Guide contains legal references to the
Annotated Code of Maryland and the Code of Maryland Regulations (COMAR), and,
importantly, provides Internet web links and other references for further
information.
Finally, the 2001 Guide includes a chart of all
forestry-related regulations to allow the reader to identify, by activity, the
road to take and the signs to follow to get there. Activities that cross-reference one another are signified in
bold. For example, to harvest timber
within 1,000 feet of the Chesapeake Bay or its tributaries, a person must
comply with the Chesapeake Critical Area
Law, which includes preparation of a forest or buffer management plan
prepared by a Licensed Forester. The words in bold are topics in the Guide.
This
update is made possible by a grant from the Department of Business and Economic
Development (DBED) to DNR, which conducted this research through the Office of
the Attorney General. As part of the
update, DBED asked DNR to examine whether changes should be made to forestry
and forestry-related laws and regulations.
Forestry-related
laws and regulations are located in different places in the burgundy-colored
Maryland Code and the red three-ring binders that house the Maryland
regulations. A review of these laws and
regulations shows that, though many, they continue to serve their different
functions. For example, licensing laws
protect the public by assuring State oversight of forestry-related
practitioners. Natural resource laws
provide special protections to forests that act as filters for agricultural
runoff, such as riparian buffers, or that prevent erosion and sustain wildlife
habitat, such as nontidal wetlands.
Environmental laws seek to keep our water clean by preventing erosion
during forestry operations, or by setting limitations on the discharge
of specific effluents. Laws requiring
specific descriptions of wood products offered for sale protect the
consumer. General laws relating to
business formation encourage economic activity. Tax incentives foster forest preservation.
Efforts can always be made to streamline or
strengthen any law. For example, in
1994, the DNR Forestry Service and the Maryland Department of the Environment
jointly developed a Standard Plan for Forest Harvest Operations in order to
provide the forester harvester with a single plan for sediment and erosion
control requirements. In the 2001
legislative session, the General Assembly increased the axle load limit
tolerance to 15% for vehicles carrying forest products from June 1 through
September 30. Similar and further
changes may also be possible, after consultation with those in the forest
industry who live with these laws or have studied their impact. For now, it is sufficient to say that the
laws on the books continue to serve their purposes.
A NOTE
TO THE READER
The
Guide tracks the separate parts, and phases, of all forestry-related
industries. Part I addresses the
harvest, manufacture and sale of wood products. It includes a discussion of general harvesting requirements, and
the rules applicable to harvests in special areas, such as nontidal
wetlands. Part II discusses the use of
licensed professionals in the harvest planning process, i.e., licensed
foresters and qualified professionals.
Part III identifies the requirements for the care and treatment of
trees, e.g., use of a licensed tree expert.
Finally, Part IV identifies the general requirements for doing business
in Maryland, including financial assistance and tax benefits.
To
help serve as a reference for a wide audience, the Guide begins with a chart
that also serves as an index. The chart
shows in capsule form the forestry-related activity, the applicable legal
requirement, and the pages in the Guide to find this information.
ACKNOWLEDGMENTS
This Guide is made possible in significant part because of the diligent efforts and thoughtful work of a number of individuals. Christopher Staiti and Steven Trader are law students at the University of Baltimore School of Law who labored well to research forestry-related laws and regulations and to draft initial sections of the revised Guide. Their suggestions on format and content were invaluable. Assistant Attorneys General Shara Mervis Alpert and Marianne Mason provided legal advice and support for this work. Finally, the good work and strong commitment of Steve Koehn, Jack Perdue, Mike Galvin, and Marian Honeczy of the Maryland Forest Service deserves special recognition.
Joseph
P. Gill
Principal Counsel
Department of Natural Resources
December 2001
PART
I
THE
HARVEST, MANUFACTURE AND SALE OF WOOD PRODUCTS
|
CH |
TITLE |
ACTIVITY |
REQUIREMENTS |
P. |
|
1 |
A
Forest Products License |
The
harvest, manufacture, or sale of forest products |
A
forest products operators license |
8 |
|
2 |
Timber
Harvests |
Harvest
of wood products on land of any size |
Before
cutting, obtain landowner approval.
After cutting, leave conditions favorable for regrowth. If desirable, district forestry board
assistance is available |
10 |
|
|
|
Commercial
harvest of woodlands on 5,000 square feet of disturbed area, or on an area
that crosses any perennial or intermittent watercourse |
A
Sediment and Erosion Control Plan approved by a Soil Conservation District |
11 |
|
|
|
Application
for a sediment and erosion control or grading permit on an area greater than
40,000 square feet, typically to remove trees for commercial or residential
development |
Approval
of a Forest Conservation Plan prepared by a qualified professional |
15 |
|
3 |
Timber
Harvests in Special Areas |
Timber
harvests within 1,000 feet of the Chesapeake Bay or its tributaries |
A
forest or buffer management plan prepared by a licensed forester and approved
by a district forestry board |
20 |
|
|
|
Timber
harvests in nontidal wetlands |
Application of best management practices through a sediment and erosion control plan approved
by a soil conservation district |
26 |
|
|
|
Cutting
pine trees for commercial purposes on
five acres or more |
After
harvest, leave specified numbers of pine trees or seedlings, or reforest the
land in accordance with a plan approved by DNR |
32 |
|
|
|
Timber
harvests on land subject to a long-term protective agreement under the Forest
Conservation Act |
A
timber harvest plan prepared by a licensed
forester and approved by a district forestry board |
35 |
|
|
|
Land
containing threatened or endangered species |
Contact
DNR to determine the location of the species and implement measures to avoid
a take of the species |
36 |
|
4 |
Transportation
of Wood Products |
Driving
a vehicle to transport wood products |
A
driver=s license for the specific type of vehicle |
38 |
|
|
|
Use
of a vehicle to transport wood
products |
Comply
with motor carrier size, load and weight laws |
38 |
|
|
|
Transportation
of Christmas trees and shrubs |
Possession
of a bill of sale signed by the landowner |
40 |
|
|
|
Interstate
shipment of nursery stock |
Inspection
certificate stating that the stock is apparently free from plant pests |
41 |
|
5 |
Manufacture
of Wood Products |
Operation
of a wood products facility |
Comply
with environmental regulations protecting air and water quality, and
providing for safe hazardous waste disposal |
43 |
|
6 |
Sale
of Wood Products |
Sale
of softwood lumber |
Comply
with regulations governing the use of
quality and quantity terms in
representation, advertisement and
sale |
50 |
|
|
|
Sale
of fireplace and stove wood |
Comply
with regulations governing the use of quality and quantity terms in
representation, advertisement and sale |
53 |
PART
II
FORESTRY
ACTIVITY AND MANAGEMENT PLANS
|
7 |
Licensed
Foresters |
The
practice of forestry for compensation |
A
license issued by the Maryland State Board of Foresters |
56 |
|
8 |
Qualified
Professionals |
Preparation
of a forest stand delineation or conservation plan under the Forest
Conservation Act |
Meet
the requirements of a Qualified Professional |
60 |
PART
III
CARE
AND TREATMENT OF TREES
|
9 |
Licensed
Tree Experts |
Treatment
and care of trees for compensation |
A
tree expert license issued by the Department of Natural Resources |
62 |
|
10 |
Roadside
Tree Care |
The
removal or pruning of a roadside tree |
A
permit from the Department of Natural Resources |
66 |
|
11 |
Pesticide
Applicator |
Application
of pesticides for the control of pests |
A
license or certification issued by the Maryland Department of Agriculture |
69 |
PART
IV
DOING
BUSINESS IN MARYLAND
|
12 |
General
Requirements for Doing Business |
Organization,
registration, local regulations, worker=s
compensation, labor laws, OSHA and MOSH |
Compliance with specificlaws |
72 |
|
13 |
Financial
Assistance |
Business
and Economic Development loan and grant programs |
Five
programs of financial assistance
with different requirements |
79 |
|
14 |
Tax
and Other Benefits |
Income
tax modification, reduced property taxes, and financial assistance for
woodland management |
Compliance
with specific requirements |
80 |
PART
I
THE
HARVEST, MANUFACTURE, AND SALE OF WOOD PRODUCTS
CHAPTER 1
A FOREST PRODUCTS OPERATORS LICENSE
Activity: The harvest, manufacture or sale of
forest products
Requirement: A
forest products operator=s license
Applicability
Any
person engaged in the business of harvesting, manufacturing, or selling forest
products must have a license issued by DNR.
This
license requirement includes, but is not limited to:
—
Forest products manufacturing plants
—
Sawmills (to manufacture lumber or to have timber severed
by loggers)
—
Loggers under contract with a sawmill
—
Loggers not under contract with a sawmill
—
Firewood operators
Exceptions
This
license requirement does not apply to the clearing of woodlands for:
—
Reservoirs
— Military
or naval purposes
—
Agricultural purposes
—
Communication and transmission lines
—
Industrial sites
—
Railroads
—
Residential or recreational purposes
— Cutting firewood and timber for domestic use by the
owner or his tenant
Procedure
To
apply for a forest products industry license, obtain an application from the
Maryland Forest Service and pay a $20 fee.
Licenses are issued annually.
References
Natural Resources Article, '' 5-608 and 5-610
Additional Information
Maryland Forest Service
Tawes State Office Building
B2
580 Taylor Avenue
Annapolis, MD 21401
(410) 260-8531
Maryland Business License
Information System (BLIS)
www.blis.state.md.us
Click on Occupational Licenses, then choose Forest
Products Operator.
Maryland Department of
Natural Resources home page
www.dnr.state.us
Click on Forestry link.
CHAPTER 2
TIMBER HARVESTS
GENERAL REQUIREMENTS
Activity: The
harvest of wood products on land of any size
Requirement: Before cutting, obtain landowner
approval. After cutting, leave
conditions favorable for regrowth. If desirable, district forestry board
assistance is available.
Applicability
Any
person who desires to enter land to cut or injure or destroy merchantable trees
or timber must obtain the prior written permission of the owner of the
land. The written permission shall be
displayed to a law enforcement officer upon request.
Penalties
Any
person who cuts, injures or destroys merchantable trees or timber without
written permission of the owner shall be liable for damages in an amount triple
the value of the lost trees or timber, plus other costs.
Applicability
A
person who harvests timber must comply with the following requirements:
$
Leave conditions favorable
for regrowth.
$
Leave young growth.
$
Arrange for restocking
the land after cutting by leaving trees of desirable species of suitable size
singly, or in groups, well distributed and in a number to secure restocking.
$
Maintain adequate
growing stock after partial cutting or selective logging.
A person who harvests timber may apply to a district
forestry board for inspection
of woodlands proposed to be cut. The State is divided into 24 forestry
districts, one for each of Maryland=s
23 political subdivisions, and one for Baltimore City. Each district has a
district forestry board whose members are appointed by DNR and who represent
various forestry, woodworking, and agricultural interests. Among other things, district forestry boards
aid landowners in forest management and conservation, and may review for
approval any work plan proposal for cutting woodlands. Forestry board approval is specifically
required for harvesting trees in the Chesapeake
Bay Critical Area or on land protected by a long-term agreement under the Forest Conservation Act.
References
Maryland
Natural Resources Article, '' 5-409, 5-605,
5-606, 5-608
Additional
Information
Maryland
Cooperative Extension
www.agnr.umd.edu/ces/home.html
For information on developing a successful forest
management plan, click on the Natural Resources & Environment link, then
click on Forestry & Wildlife Management link, then scroll down to
publication FS 625.
Maryland
Department of Natural Resources home page
www.dnr.state.us
Click on
Forestry link.
* * *
SEDIMENT
AND EROSION CONTROL PLAN
Activity: The commercial harvest of woodlands
on 5,000 square feet of disturbed area, or on an area that crosses any
perennial or intermittent watercourse.
Requirements: A
Sediment and Erosion Control Plan
Forests are recognized as one of the most effective
habitats for removing sediment and nutrients from runoff and groundwater before
they reach a watercourse. It is
essential, therefore, that the pollution buffering capacity of a forest not be
destroyed during a timber harvest.
Proper planning and harvest techniques are required to ensure that
timber is removed in an economical manner while preventing major damage to
waterways.
Definitions
AClear@ means any
activity which removes the vegetative ground cover. Forestry and logging operations fall within this definition.
AResponsible Personnel@ means any foreman, superintendent, or project engineer who is in
charge of on-site clearing and grading operations or sediment control
associated earth changes or disturbances.
Applicability
A sediment and erosion control plan is required for
all harvests on 5,000 square feet of disturbed area, or on an area that crosses
any perennial or intermittent watercourse. The plan is submitted for review and
approval to the appropriate Soil Conservation District (or municipality if not
within a district).
To assist loggers in meeting this requirement, the MDE
Water Management Administration and the Maryland Forest Service developed a Standard
Plan for Forest Harvest Operations.
This plan lists the general sediment control requirements for each
harvest and may be obtained from any Soil Conservation District Office.
Exceptions
The sediment and erosion control plan provisions do
not apply to:
!
agricultural land
management practices and the construction of agricultural structures,
!
construction of certain
single family residences or accessory buildings on lots of 2 acres or more
(except in Calvert County), clearing and grading activities that disturb less
than 5,000 square feet and disturb less than 100 cubic yards of earth,
!
any utility project in
Prince George=s and Montgomery counties under the jurisdiction of
the sediment control regulations of the Washington Suburban Sanitary Commission,
or
!
any state or federal
project or any project on state-owned land.
When on state or federally owned land, it is necessary to obtain
approval from MDE=s Water Management Administration.
Limitations
Generally, approved plans remain valid for 2 years
from the date of approval, unless specifically extended or renewed by the
erosion and sediment control plan
approval
authority.
Requirements
The following requirements must be complied with:
— A person may not begin or perform any site work
unless the person:
$
has obtained approval
for their sediment control plan,
$
implements and follows
the procedures contained in an approved sediment control plan, and
$
complies with all other
applicable permits and procedures.
— In addition to the requirements provided for in the
sediment control plans:
(1)
An applicant for
sediment and erosion control plan approval is required to certify to the
appropriate jurisdiction that the responsible personnel involved in the project
will have a certificate of attendance at an MDE approved training program for
the control of sediment and erosion before beginning the project.
(2)
The authority approving
a plan has the reserved power to impose conditions necessary to prevent
creation of a nuisance or dangerous condition, to avoid sediment pollution, and
to deny the issuance of an approval where the proposed project would adversely
affect the public safety and welfare.
(3)
The approval authority
may revise approved plans as necessary to reflect site conditions.
— If a stream crossing is necessary and unavoidable, a nontidal wetland permit is also
required.
— The plan may require that certain portions of the
harvest site, including roads, trails and landings that would not regenerate
natural vegetation because of steep slopes, be stabilized with seed or mulch,
or both, to prevent future erosion.
— Some soil conservation districts may require that a Licensed Forester prepare the plan.
Inspections
& Penalties
The MDE Water Management Administration, or the
county, municipality, or Commission may inspect project sites and shall
investigate complaints from interested parties in order to spot violations.
Any person who violates any provision of Maryland's
sediment control or sediment pollution laws may be subject to criminal
penalties, injunctions, or civil penalties.
Any agency whose approval is required under these statutes may seek an
injunction against any person who violates or threatens to violate any
provision of these statutes.
References
Environment
Article '' 4-l0l to 4-l16, 4-401 to 4-417
COMAR
'' 26.17.0l.0l to 26.17.0l.ll
l994
Maryland Standards and Specifications for Soil Erosion and Sediment Control
published by MDE
Standard
Plan for Forest Harvest Operations (MDE Water Management Administration and DNR
Forest Service)
Additional
Information:
Water Management Administration
Maryland
Department of the Environment
2500
Broening Highway
Baltimore,
Maryland
(410)
631-3542
Non-Point
Source Program
Maryland
Department of the Environment
2500
Broening Highway
Baltimore,
Maryland
(410)
631-3563
Maryland
Department of the Environment (downloadable permits and information) www.mde.state.md.us
click on
Choice Topic dialogue box and select Download
permit applications
Standard Erosion and Sediment Control Plan for Forest Harvest
Operations www.dnr.state.md.us/forests/landplanning/bmp.html
www.mda.state.md.us/resource/scd.htm
* * *
FOREST CONSERVATION ACT
Activity: Application for a sediment erosion
control or grading permit on an area greater than 40,000 square feet, typically
to remove trees for residential or commercial development.
Requirement: Approval
of a Forest Conservation Plan prepared by a qualified professional.
The purpose of Maryland=s Forest Conservation Act (>Act=) is to minimize loss of Maryland's forest resources
resulting from development. The Act
accomplishes this purpose in two ways.
First, the Act requires a developer to identify forests and other
sensitive areas, such as streams, wetlands, and erodible slopes, as part of the
site planning process. Identification
of priority areas prior to development helps to facilitate their
retention.
Second, the
Act requires a developer to retain or plant forest land as part of the proposed
development. The amount of forest
retained or planted depends upon the land use category, ranging from
agricultural to commercial/industrial use areas.
Generally, rural areas with larger forests have higher thresholds to minimize the number of acres cleared. For example, an area zoned for medium-density residential use would require about 25% of the forests on the site to be conserved. Alternatively, urban areas zoned for commercial and industrial use would require about 15% to be conserved. The purpose is to encourage development in areas where development has already occurred.
Where little or no forest exists, the Act requires
that forests be established by planting trees. The percentages for this
required afforestation vary according to land-use categories. For example, in
medium-density residential and agricultural and resource areas having less than
20% of the net tract area in forest cover, up to 20% of the net tract area
would require afforestation. In all
other land-use categories, tracts having less than 15% of the net tract area in
forest cover require afforestation of up to15% of the net tract area.
The Act also provides a sequence of preference for
retention and protection, afforestation and reforestation, and priorities for
afforestation and reforestation efforts.
The
Act is administered on a local level in all counties (except for Garrett and
Allegany, which are exempt so long as they maintain 200,000 acres or more of
their land in forest cover) and in most municipalities. DNR administers the FCA program for
municipalities that do not have their own programs and for all projects that
are State funded or occur on State land or by a State agency.
Applicability
The requirements of the Forest Conservation Act must
be met upon the filing of any public or private subdivision plan or application
for a grading or sediment control permit on any area of 40,000 square feet or
greater, by any person, including State or local government.
Exceptions
The requirements of the Forest Conservation Act may not apply to all projects. Some of these projects, however, are subject to forest conservation requirements under other laws, as noted below:
$
Highway construction
projects conducted in accordance with Natural Resources Article ' 5-103.
$
Cutting or clearing
operations within the Chesapeake Bay
Critical Area.
$
Agricultural activities
that do not change the applicable land use category.
$
Public utility cutting
or clearing projects
$
Residential construction
activity on a single lot or a linear project that does not result in the
cutting, clearing, or grading of more than 40,000 square feet of forest, or
forest that is already subject to the requirements of an existing forest
conservation plan.
$
Cutting, clearing, or
grading operations that disturb less than 40,000 square feet of forest and is
for the purpose of constructing a dwelling intended for the use of the owner,
or a child or grandchild of the owner.
$
Coal or mining
operations.
$
County projects within a
county that has and maintains 200,000 acres or more of its land area in forest
cover (Allegany and Garrett Counties).
$
Cutting or clearing
operations conducted in order to comply with a Federal Aviation Administration
determination that the trees are a hazard to aviation.
NOTE: In
some instances, a person who wishes to engage in any activity that is exempt
from the Act may be required to file a ADeclaration
of Intent@ with the State or local authority as part of the Sediment and Erosion Control permit
application. A Declaration of Intent is
a signed, notarized statement by a landowner certifying that the activity on
the landowner=s property is exempt from the requirements of the Act.
Definitions
AAfforestation@
means establishing a forest on an area where forest cover is absent or not
presently in forest cover.
AForest@ means a
biological community dominated by trees and other woody plants covering a land
area of 10,000 square feet or greater.
AForest conservation@
means the retention of existing forest or the creation of new forest.
AQualified Professional@ means a Licensed
Forester, licensed landscape architect, or other person who meets the
requirements of COMAR 08.19.06.01A.
AReforestation@
means the creation of a biological community containing at least 100 trees per
acre with at least half the trees having the potential of attaining a 2-inch or
greater diameter measured at 4.5 feet about the ground within seven years.
Requirements
A person filing a plan for a subdivision, or applying
for a grading or sediment and
erosion control permit must arrange for a
qualified professional to prepare a forest stand delineation (FSD). The FSD is used during the preliminary
review process to determine the most suitable and practical areas for forest
conservation. In addition to the FSD,
the applicant must arrange for a qualified professional to prepare a forest
conservation plan (FCP). Among other
requirements, the FCP must identify limits of disturbance and trees for
removal, contain a construction timetable, provide an afforestation (new
planting) or reforestation (replanting) plan, and include a two-year management
agreement addressing how areas designated for afforestation or reforestation
will be maintained.
In addition, every
forest conservation plan must provide for long-term protection of forest
retention areas. These agreements shall
at minimum limit uses in retention and planting areas to those that are
consistent with forest conservation, including passive recreational activities,
wildlife management, and forest management practices that are consistent with a
forest conservation program.
A long-term
protection agreement may be one or more of the following:
$
Conservation easement
$
Deed restriction
$
Covenant running with
the land
$
Legally binding Forest
Management Plan
$
Forest Conservation and
Management Agreement
Procedures
Prior
to the start of field operations, the applicant shall submit the FSD to the
local authority or DNR. Within 30 days
of receipt of a complete FSD, the local authority or DNR shall notify the
applicant whether the FSD is complete and correct. The local authority or DNR may take an additional 15 days to
complete a review for extenuating circumstances.
Following approval of a FSD, the applicant shall
submit a proposed FCP also prepared by a licensed forester, licensed landscape
architect, or other qualified professional.
Within 45 days of receipt of the forest conservation plan, the local
authority or DNR notifies the applicant whether the plan is complete. Failure to notify the applicant at the end
of the review period allows the applicant to treat the plan as complete. The local authority or DNR may take an
additional 15 days for extenuating circumstances. An applicant may proceed with a project only after securing
approval of the forest conservation plan and complying with all other
applicable federal, state, and local permits.
A pre-construction meeting is required before project
commencement.
Variances
A local authority or DNR may grant a variance to the
provisions of the Act. The standard for
granting a variance is unwarranted hardship to the applicant a result of
specific site features or conditions.
Any person who violates any provision of the Act may
be subject to injunction, plan revocation, and civil penalties, or
administrative penalties of $1,000/day.
References
Natural Resources Article ''5-1601 to 5-1613
COMAR 08.19.01-04
Additional Information
Maryland Forest Service
Department of Natural Resources
Tawes Building, E-1
Annapolis, Maryland 21401
(410) 260-8540
Forest Conservation Act with branch office listing www.dnr.state.md.us/forests/treelaws.html
Click on
Forest Conservation Act
Documents for Forest Stand Delineation or Forest
Conservation Plan
www.dnr.state.md.us/forests/programs/urban/explained.html
Click on
either FSD application or FCP worksheet
State Forest Conservation Technical Manual (Ginger
Page Howell & Todd Ericson eds., 3d ed. 1997).
Forest Conservation Act - Local Government Projects
Exempt from Act in Counties that have Threshold Level of Forest Cover, 86 Opinions of the Attorney General ___
(2001).
CHAPTER 3
TIMBER
HARVESTS IN SPECIAL AREAS
THE CHESAPEAKE BAY CRITICAL AREA
Activity: Harvesting timber within 1,000 feet
of the Chesapeake Bay or its tributaries
Requirement: Comply
with the Chesapeake Bay Critical Areas Law, to include preparation of a forest
or buffer management plan prepared by a licensed forester and approved by a
district forestry board.
Applicability
Sixteen counties and forty-four municipalities contain
land that is within 1,000 feet of tidal waters of the Chesapeake Bay or its
tributaries, otherwise known as the “Critical Area.” These local jurisdictions have implemented programs regulating
development in the Critical Area, based upon criteria developed by the
Chesapeake Bay Critical Area Commission.
Among the elements that a county or municipality
Critical Area program must include are provisions requiring that harvesting of
timber in the Chesapeake Bay Critical Area be in accordance with a plan
prepared by a Licensed Forester and
approved by a Maryland district forestry board. There are also special rules for harvesting within the 100-foot
buffer. In addition, certain land
classifications in the Critical Area are subject to forest retention and
reforestation requirements.
Definitions
AAfforestation@
means the establishment of a tree crop on an area from which it has always or
long been absent.
ABuffer@ means a
naturally vegetated area established or managed to protect aquatic, wetland,
shoreline, and terrestrial environments from man made disturbances.
ACommission@
means the Chesapeake Bay Critical Area Commission.
ACommercial harvesting@ means a commercial operation that would alter the existing composition
or profile, or both, of a forest, including all commercial cutting operations
done by companies and private individuals for economic gain.
ACritical Area@
means all land within 1,000 feet of tidal waters or adjacent tidal wetlands of
the Chesapeake Bay or its tributaries.
ADevelopment@ means any activity that substantially changes the
condition of dry land, land under water, or any structure. This includes the harvesting of trees in the
critical area.
ADeveloped woodlands@
means areas that predominantly contain trees and natural vegetation but also
include residential, commercial, or industrial structures and uses.
AForest Interior Dwelling Birds (FIDS)@ means species of birds which require relatively large
forested tracts in order to breed successfully.
AReforestation@
means the establishment of a forest through artificial reproduction or natural
regeneration.
AWildlife Habitat@
means those plant communities and physiographic features that provide food,
water, cover and nesting, foraging, and feeding conditions necessary to
maintain populations of animals in the Critical Area.
Basic
Requirements
The basic requirements for timber harvesting in the
Critical Area are:
— For harvests affecting at least one acre of forest or
developed woodland,
a Forest Management Plan or Timber Harvesting Plan
prepared by a Licensed Forester and
approved by a district forestry board.
The plan must:
$Include measures to protect surface and groundwater
quality
$ Identify whether the activities will disturb or
affect Habitat Protection Areas and
incorporate protection measures for these areas
$ Provide for identification and conservation of FIDS
habitat.
$ Include mitigation through forest management
techniques, which include
scheduling the size, timing and intensity of harvest cuts,
afforestation, and reforestation.
— For harvests affecting 5,000 square feet or more, a Sediment and Erosion
Control Plan.
— Maintenance of a minimum l00 foot buffer around tidal
waters, tidal wetlands,
and tributary streams.
Requirements in the 100-Foot Buffer
— Commercial harvesting of trees by selection or by the
clear-cutting of loblolly pine and tulip poplar may be permitted in the buffer
to within 50 feet of tidal waters, perennial tributary streams, and tidal
wetlands, or to the edge of intermittent streams. In addition to the basic requirements for harvesting in the
Critical Area, all commercial harvests within the buffer, regardless of size,
must comply with a Buffer Management Plan prepared by a Licensed Forester.
— The cutting of trees or removal of natural vegetation
may be permitted within the buffer where necessary to provide access to private
piers, or to install or construct a shore erosion protection device or measure,
provided the device or measure has received all necessary federal and state
permits.
— Individual trees may be cut within the buffer for
personal use provided that this cutting does not impair the water quality or
existing habitat value or other functions of the buffer, and further provided
that the trees are replaced on an equal basis for each tree cut. Individual trees also may be removed within
the buffer when they are in danger of falling and causing damage to dwellings
or other structures, blockage of streams, or accelerated shore erosion.
— Horticultural practices may be used within the Buffer
to maintain the health of individual trees.
Other cutting techniques may be undertaken within the buffer under the
advice and guidance of the Departments of Agriculture and Natural Resources if
necessary to preserve the forest from extensive pest or disease infestation or
threat from fire.
Note: All harvests within the buffer are
subject to regulations prohibiting harvesting in Habitat Protection Areas
designated to preserve habitat for species that are endangered, threatened, or
in need of conservation.
Forest Retention and Reforestation
Requirements
Land in the Critical Area is divided into three
different categories: Intensely
Developed Areas (IDAs), Limited Development Areas (LDAs), and Resource
Conservation Areas (RCAs). Additional
requirements apply to activity within these areas. Anyone planning to conduct a development activity in any of these
specialty areas should contact the officials of the local jurisdiction for
specific requirements imposed on such activities.
Category: Intensely
Developed Areas (IDA)
—Description
Area of twenty
or more adjacent acres where residential, commercial, or
industrial land uses predominate. Any one or combination of the following
characterizes IDAs:
$ A housing density of four or more dwelling units per
acre
$ A concentration of industrial, institutional, or
commercial uses
$ Public sewer and water collection and distribution
facilities and more than three
dwelling units per acre; or any combination of the above three characteristics.
— Additional Requirements
In the IDA, the additional requirements are
programmatic. When the cutting or
clearing of trees in forests and developed woodland areas is associated with
current or planned development activities:
$ Compliance with programmatic requirements for the
enhancement of forest and
developed woodland resources, such as programs for urban forestry (for example, street tree
plantings, gardens, landscaping, open
land buffer plantings)
$ Protection for existing forests and developed woodlands
identified as Habitat Protection
Areas
$ Minimization of adverse impacts to water quality
caused by storm water
Category: Limited
Development Areas (LDA)
—Description
Area in which development is of a low or moderate
intensity. LDAs are
characterized by at least one of the following:
$ Housing density between one dwelling unit per five
acres and four dwelling
units per acre
$ Lack of domination by agriculture, wetlands, forest,
barren land, surface water, or open space
$ Public water or public sewer, or both
$ All the characteristics of an IDA but in fewer than
twenty acres.
— Additional Requirements
In the LDA, there are requirements for reforestation
and forest retention. They are:
$ Replacement of cleared or developed forests in the
Critical Area on not less than an
equal (1 to 1) basis
$ No more than 20 percent of any forest or developed
woodland may be removed from forest use, except that a developer may clear up
to 30 percent of the forest or woodland if the developer replaces the cleared
area with an afforested area on a 1.5 to 1 basis.
$ Afforestation to provide a forest or developed
woodland cover of at least l5 percent
if no forest is already established on proposed development sites
$ Clearing forest in the LDA is also regulated by
Commission regulations that prohibit
development on slopes greater than l5 percent (as measured before development) in LDAs, unless the
project is the only effective
way to maintain or improve the stability of the slope and is consistent with Commission's policies for Limited
Development.
Category: Resource
Conservation Areas (RCA)
— Description
Area dominated
by natural environments or resource-utilization activities (agriculture,
aquaculture,etc.) RCAs are
characterized by at least one of the following:
$ Density of less than one dwelling unit per five acres
$ Dominant land use is agriculture, wetlands, forest,
barren land, surface water, or open
space
— Additional Requirements
$ The same replacement, retention and afforestation
requirements applicable to the LDA
also apply to the RCA.
$ The policy in the RCA is to conserve the existing
developed woodlands and forests for their water quality benefits, providing
land use management practices for preserving Habitat Protection Areas, and
assuring that the overall acreage of forest and woodland within their Resource
Conservation Areas does not decrease.
Penalties
If a person cuts or clears or plans to cut or clear
trees within the Critical Area in violation of the Commission=s regulations Commission, the local jurisdiction or
the Attorney General may bring an action:
— To require
the person to replant trees where the cutting or clearing occurred in
accordance with a plan prepared by the State Forester,
a Licensed Forester, or a registered landscape architect;
— In the LDA and RCA, to require a person to replace
forests cleared in violation of Critical Area requirements on a 3 to 1 basis;
— To restrain the planned violation; or
— For damages:
$ to be
assessed by a circuit court in an amount equal to the
estimated
cost of replanting trees; and
$ to be paid to
DNR by the person found to have violated these
provisions.
References
Natural Resources Article '' 8-1801 - 8-1817
COMAR Title 27
Chesapeake Bay Critical Area Commission
1804 West Street, Suite 100
Annapolis, Maryland 21401
410-260-3460
Critical Area Commission=s website:
www.dnr.state.md.us/criticalarea
For a list of informative publications, click on Guidance Publications.
For information on IDAs, LDAs, and RCAs, click on Land Use Classifications.
This site also includes an extensive Glossary of Terms.
For more information on timber harvest plans and their
approval:
$ DNR website
www.dnr.state.md.us
Click on Forestry,
then Chesapeake Bay and Water Quality
Programs,
Then click on Critical
Area Timber Harvest Guidelines.
For more information on FIDS and the identification
and protection of their habitat, see:
A Guide to
the Conservation of Forest Interior Dwelling Birds in the Chesapeake Bay
Critical Area. June 2000.
Available through the Chesapeake Bay Critical Area
Commission.
* * *
NONTIDAL WETLANDS
Activity: Timber harvests in nontidal wetlands
Requirement: Application
of best management practices through a sediment and erosion control plan
approved by a soil conservation district.
Overview
In 1989, the General Assembly established a statewide
program within the Maryland Department of the Environment (MDE) for the
conservation, regulation, creation, and wise use of nontidal wetlands. Nontidal wetlands are transitional areas between
uplands and water that are saturated by water for all or part of the year.
Examples include marshes, swamps, bogs and nontidal streams. Nontidal wetlands are valuable areas for
fish and wildlife habitat, are vital to the maintenance of water quality, and
provide flood control benefits.
Subject to certain exemptions, a person may not
conduct a regulated activity in a nontidal wetland or buffer without a permit
from MDE. Forestry activities are one
of the exemptions. Generally, a
forestry activity is exempt from the permit requirements of the Act as long as
the activity (a) does not change nontidal wetlands to another land use and (b)
is implemented using best management practices to protect nontidal wetlands
through a sediment and erosion control plan approved by a soil conservation district
office.
Definitions
ANontidal wetland@ is
an area that is inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support hydrophytic vegetation.
AHydrophytic vegetation@ is vegetation typically adapted for life in saturated soil conditions.
AForestry activity@ is
planting, cultivating, thinning, harvesting, or any other activity undertaken
to use forest resources or to improve their quality or productivity, excluding
activities that would change nontidal wetlands to another land use.
ABest Management Practices (BMPs)@ means conservation practices and management measures
that control soil loss, reduce water quality degradation, and minimize adverse
impacts to the surface water and groundwater flow and to the chemical,
physical, and biological characteristics of a nontidal wetland.
ARegulated activity@
means any of the following activities if undertaken in or originated in a
nontidal wetland or buffer:
— Removal, excavation, or dredging of soil, sand, gravel,
minerals, organic matter or materials of any kind
— Changing of existing drainage, flow, sedimentation,
or flood retention characteristics
— Disturbance of water level or water table by
drainage, impoundment, or other means
— Dumping, discharging of material, filling with
material, including driving of
piles and placement of obstructions.
— Grading or removal of material that would alter
existing topography
— Destruction or removal of plant life that would alter
the character of the nontidal wetland.
ABuffer@ is a regulated
area, 25 feet wide, surrounding a nontidal wetland.
Note: A buffer may be extended to 100 feet for
Wetlands of Special State Concern, discussed below.
AMinor activities@
means activities that affect less than 5,000 square feet or 100 cubic yards of
disturbance.
Applicability
A person conducting a forestry activity in a nontidal
wetland shall implement Best Management Practices through a Sediment and Erosion Control Plan
prepared by a Licensed Forester and
submitted to and approved by a Soil Conservation District.
Exemptions
The following forestry activities are exempt from the
approval requirement of Best Management Practices:
—Repair and maintenance of existing structures for
forestry activities
—Forestry activities on land that is lying or has lain
fallow
—Forestry activities that do not require a sediment and
erosion control plan
—Forestry activities begun before January 1, 1991 under
a sediment and erosion
control plan
approved before that date.
General
Requirements
The goals of best management practices are to:
$ Control soil loss and sediment deposition
$ Minimize water quality degradation
$ Minimize adverse impacts to water flow or circulation
patterns
$ Prevent a nontidal wetland from being changed to
another land type
$ Minimize adverse impacts to chemical, physical, or
biological
characteristics of the nontidal wetland.
Acceptable BMPs may include, but are not limited to
the following:
$ For skid trails, decks, and roads -
#Locating on soils that resist compaction
#Selecting appropriate log skidding equipment
#Minimizing encroachment into nontidal wetlands
# Using stabilization techniques to minimize erosion
# Following natural contours of the land
# Minimizing use of fill materials
# Regrading and revegetating affected areas, as
necessary
$ For harvest and regeneration practices -
# Using flotation equipment if soils are unable to
support
conventional equipment
# Employing site preparation methods that do not
convert the
wetland to
upland.
# Preventing increased runoff
# Employing natural regeneration methods.
$ These requirements to not apply to loblolly pine
harvests in nontidal wetlands, which
are regulated under the Seed Tree
Law.
Wetlands of Special State Concern
The criteria for designating a wetland of special
State concern is as follows. The
wetland:
# Provides habitat or buffer for plant or animal
species listed as endangered or
threatened (or are candidates for such listing), or are considered to be locally unusual or rare.
# Is a unique natural area or contains ecologically
unusual natural communities.
# Has exceptional ecological or educational value of
State wide significance.
Designated nontidal wetlands of special State concern
are listed in COMAR 26.23.06.01.
BMPs for nontidal wetlands of special State concern
must be designed to maintain the ecological value of the wetlands by:
# Establishing a primary protection area for crucial
parts of the wetland within
which no disturbance may occur
# Establishing a secondary protection area for
selection and use
restrictions, and implementing
other low-impact techniques
Approval of BMPs
Factors considered by the Soil Conservation District
in approving BMPs include:
$ Properties of specific soils to resist compaction and
support equipment
$ Ability to maintain water levels in the wetland after
harvest
$ Maintenance of the ecological value of nontidal
wetlands of special State concern
Procedure
— To obtain approval of a sediment and erosion control
plan implementing
BMPs, a person
shall submit the following information to a Soil Conservation District:
$ Extent of nontidal wetlands affected by the activity
$ Method and schedule for harvesting
$ Description of equipment to be used
$ Estimated location of skid trails, roads, and decks
$ Proposed location of diversion ditches
$ Anticipated site preparation methods
$ Proposed planting or regeneration method
$ Measures to rectify disturbances from temporary
structures
— The Soil Conservation District shall:
$ Delineate or review and approve the delineation of
nontidal wetlands
$ Review and approve the proposed sediment and erosion
control plan if it
complies
with the regulations set forth
— The person conducting the forestry activity shall
submit copies of an approved
sediment and erosion control plan MDE.
Note: If the
forestry activity is in nontidal wetlands on State lands, the sediment and
erosion control plan must be approved by MDE directly.
Additional
100-year Floodplain Requirements
— For minor activities that affect the 100-year
floodplain, a General Waterway
Construction Permit is needed. To obtain a permit, complete the ARequest for MDE General Waterway Construction Permit@ worksheet.
— An individual Waterway Construction Permit is needed
for excavation and fill activities in the mainstem or 100-year floodplain of a
State Scenic and Wild River, or where the activity will significantly affect
the hydraulic characteristics of the floodplain.
Penalties
A person who violates any of the provisions of the
Nontidal Wetlands Act is subject to issuance of a stop work order, civil
penalties up to $10,000 a day and issuance of an injunction, and criminal
penalties up to $25,000 and issuance of a restoration order. In addition, MDE may revoke a nontidal
wetlands permit if a person violates the permit conditions, obtains a permit by
misrepresentation, or fails to disclose a relevant or material fact or change
in conditions.
References
Environment Article '' 5-901 through 5-911
COMAR 26.23.05
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
(410) 631-3000
1-800-633-6101
MDE homepage
www.mde.state.md.us
Click on New Environmental Permits Guide, then choose
3.17 Nontidal Wetlands
Best Management Practices for Forest Harvests
www.dnr.state.md.us/forests/landplanning/bmp.html
For more links to information on nontidal wetlands, go to:
DNR homepage
www.dnr.state.md.us
Scroll down to search and type in Anontidal wetlands.@
* * *
PINE TREE REFORESTATION (SEED TREE LAW)
Activity: Cutting pine trees for commercial
purposes on five acres or more.
Requirement: Leave
specified numbers of pine trees or seedlings, or reforest the land in
accordance with a plan approved by DNR.
In 1977, the General Assembly determined that the pine
forest resources of the State were being harvested at a greater rate than they
were being replanted or reproduced. The legislature enacted the pine tree
reforestation, or seed tree, law to reduce the depletion of these resources. The law establishes specific reforestation
requirements upon loggers and landowners who engage in certain cutting
operations of pine trees.
Definitions
"Cutting operation" is defined as the
cutting of timber for commercial purposes from five acres or more of land on
which pine trees constitute 25 percent or more of the live trees.
APine" is defined as any loblolly (Pinus taeda), shortleaf pine (Pinus echinata), or pond pine (Pinus serotina).
"Seedling" is defined as a young pine tree
less than six inches in diameter.
"Timber" is defined as any tree of a
currently commercially valuable species, which is six inches or more in
diameter.
"Tree" is defined as any tree of a currently
commercially valuable species, which is six inches or more in diameter.
Applicability
Any cutting operation of pine trees on five acres or
more of land, where the pine trees constitute 25% or more of the live trees, is
subject to specific reforestation requirements.
Exemptions
Pine tree reforestation requirements do not apply in
the case of cutting of timber for:
$
reservoirs
$
military installations
$
agriculture
$
communication and
transmission lines
$
industrial sites
$
railroads
$
residential or
recreational purposes
$
residential or
commercial construction, or
$
commercial cutting
operations pursuant to a contract executed prior to January l, l978.
Requirements
— After any
such cutting operation, the operator or landowner is required to leave uncut
and uninjured at least eight (8) cone-bearing loblolly, shortleaf, or pond pine
trees l4 inches or larger in diameter on each acre cut for the purpose of
re-seeding.
— If eight (8) pine trees as required are not present
on any acre, the owner or operator is required to leave uncut and uninjured, at
least two cone-bearing pine trees of the next largest diameter standing for
each pine tree not present.
$
Trees left uncut
pursuant to this section for the purpose of re-seeding are required to be
healthy, windfirm, well-distributed, and with well-developed crowns possessing
a sufficient number of cones to reforest the areas affected by the cutting
operation.
$
A landowner shall not
cut, or permit to be cut, any pine tree required to be reserved for re-seeding
for three years after completion of the cutting operation and will so bind his
successor in title.
— Cone-bearing pine trees need not be reserved if there
are at least 400 seedlings, which are vigorous, well distributed, and free to
grow upon completion of the cutting operation.
— Alternatively, the area of the cutting operation may
be reforested pursuant to a plan approved by the DNR.
Procedures
— A
cutting operation may not commence unless seed trees have been reserved or the
Department has approved a reforestation plan.
The DNR must approve, approve with modifications, or reject any plan
submitted to it, in writing, within 30 days.
Cutting operations without written permission will be subject to fines
or penalties.
— If
applicable, a reforestation plan is required to be accompanied by a statement
of the landowner, on a form furnished by the DNR, that he will not perform or
permit any act, which prevents reforestation and will so bind his successor in
title.
— An
operator or landowner proposing to reforest any area of a cutting operation
pursuant to an approved plan is required to notify the DNR at least 24 hours
prior to initiation of the cutting operations.
Enforcement
DNR may enjoin the violation of any provisions of the
seed tree law, or enforce its provisions through assessment of money damages
equal to the estimated cost of compliance.
References
Relevant Statutes:
Natural Resources Article '' 5-50l
to 5-509
* * *
LAND SUBJECT TO A LONG-TERM PROTECTIVE AGREEMENT
Activity: Harvesting timber on land subject to
a long term protective agreement under the Forest Conservation Act.
Requirement: A
timber harvest plan prepared by a licensed forester and approved by a district
forestry board.
Under the Forest
Conservation Act, land retained as forested, afforested or reforested under
a forest conservation plan must be placed in a long-term protective
agreement. An approved forest
management plan, a Forest Conservation
and Management Agreement, or other legally binding agreements, such as a
conservation easement, satisfy the long-term protection requirements.
Applicability
A person may not harvest timber subject to a long term
protective agreement under the Forest Conservation Act except in accordance
with a timber harvest plan prepared by a Licensed
Forester and approved by district forestry board.
Requirements
(1) The
harvest must be consistent with the intent and requirements of the long-term
protective agreement.
(2)
The timber harvest plan
must be prepared by a licensed forester, submitted to the district board for
review and approval, and remain in effect for two years.
References
Natural Resources Article '' 5-1601 to 5-1613
COMAR 08.19.01-04
Additional Information
Maryland Forest Service
Department of Natural Resources
Tawes Building, E-1
Annapolis, Maryland 21401
(410) 260-8540
* * *
LAND CONTAINING THREATENED OR ENDANGERED SPECIES
Activity: Timber harvests on land with
threatened and endangered species of plants and animals.
Requirement: Determine
the location of threatened and endangered species and implement measures to avoid
a Atake@ of them
Applicability
A person may not take threatened or endangered species
of plants and animals.
Definitions
ATake@ means to harm,
harass, capture or kill.
AEndangered species@
means any species listed as an endangered species under the federal Endangered
Species Act, and any species whose continued existence as a viable component of
the State=s wildlife or plants is determined to be in jeopardy.
AThreatened species@
means any species listed as a threatened species under the federal Endangered
Species Act, and any species of wildlife or plants which appears likely, within
the foreseeable future, to become endangered.
DNR’s Wildlife and Heritage Division reviews projects for their potential impacts to known locations of rare, threatened, or endangered species and their habitats. This review is known as an “environmental review.” When potential negative impacts are identified, Division ecologists will work with the project applicant to avoid or minimize impacts.
An environmental review is often initiated pursuant to
the Forest Conservation Act. That Act identifies as a priority area for
retention trees, shrubs or plants identified as threatened or endangered. County planning and zoning agencies and
private consulting firms request an environmental review in order to comply
with the Act.
Any person, however, can submit an environmental
review request by sending a cover letter briefly describing the project and the
nature of the request along with a map, such as on a USGS 7.5 minute
topographic quadrangle or ADC book map, which shows the location of the site
and the site boundaries. The review
request should be sent to the DNR Wildlife & Heritage Division, Tawes
Office Bldg E-1, Annapolis MD 21401.
The review is at no cost and will take twenty (20) business days to
complete.
References
Natural Resources Article, '' 10-2A-01 through 10-2A-09
COMAR 08.03.08
Maryland Wildlife and Heritage Division
Department of Natural Resources
Tawes Building, E-1
Annapolis, Maryland 21401
(410) 260-8540
DNR home page
www.dnr.state.md.us
Click on
Wildlife and Heritage, then Endangered Species Plants and Animals
Endangered Species in Maryland
Compiled by the Maryland Wildlife and Heritage
Division of the DNR
http://www.dnr.state.md.us/wildlife/espaa.html
Follow links
to listings of Plants & Animals
CHAPTER 4
TRANSPORTATION
OF WOOD PRODUCTS
DRIVER=S LICENSE REQUIREMENTS
Activity: Driving
a vehicle carrying forest products
Requirement: A driver=s license
for the specific type vehicle.
Applicability
The United States Commercial Motor Vehicle Act of l986
requires each state to meet uniform licensing and testing standards for drivers
of commercial vehicles. Maryland's
Commercial Driver's License (CDL) requirement became effective on January l,
l990 and is applicable according to the type of vehicle or cargo as follows:
$ Class A - Any
single or combination of vehicles, and may tow any trailer.
$ Class B -
Motor vehicles with a gross vehicle weight (GVW) of 26,00l or more pounds, and trailers of l0,000 pounds or less
$ Class C -
Motor vehicle under 26,00l pounds (GVW), and trailers of l0,000 pounds or less.
$ Any size
vehicle which requires hazardous materials placards.
$
Double/triple trailers.
Related Web Site:
The Maryland Trucking Handbook
http://www.mva.state.md.us
Click on >Links= on top tool
bar
Click on >The Maryland Trucking Handbook=
* * *
MOTOR CARRIER SIZE, LOAD AND WEIGHT
Activity: Use of a vehicle to transport lumber
and wood products
Requirements: Compliance
with motor carrier size, load and weight laws
Applicability
By statute, Maryland places various restrictions on
vehicle size and weights. All
transporters are required to comply with all applicable regulations, whether
highlighted here or otherwise.
Requirements
A full listing of applicable transportation
regulations is beyond the scope of this manual. The following aspects of the
size, load and weight laws, however, are worthy of note:
(1) The load on any vehicle or combination of vehicles
may not extend more than 3 feet beyond the front of the vehicle or 6 feet
beyond the rear of the body of the vehicle. Exceptions to these general
restrictions include the following:
$
Vehicles carrying wooden
prefabricated roof trusses are permitted a maximum rear extension of l0 feet.
$
Combinations of vehicles
carrying indivisible loads during daylight hours are exempt from these load
restrictions, provided the load is not over 70 feet in length.
$
Vehicles or combination
of vehicles carrying piling, poles, mill logs, or nursery stock are also exempt
from these load restrictions.
(2) In the 2001 legislative session, the General
Assembly increased the axle load limit tolerance to 15% for vehicles carrying
forest products from June 1 through September 30.
(3) A vehicle used to carry logs, poles, unfinished or
unfabricated lumber, other
materials of a
similar kind, size, shape, or characteristic may not be driven on any highway
unless its load is enclosed entirely within the sides and ends of the body of
the vehicle and is fastened securely to both the front and rear of the vehicle
at both the front and rear of the load.
The fastening of a load to a vehicle shall be by two separate common coil
B.B. chains. The links of the chains
may not be less than 3/8 of an inch in diameter for loads of 3 tons or less; or
l/2 of an inch in diameter for loads over 3 tons. Wire rope not less than 5/l6 of an inch in diameter, steel
strapping, logistic webbing of synthetic fibers, or any fastening device
specified in regulations adopted jointly by the State Highway Administration
and the State Police may be used if they have at least as much tensile strength
as the chains.
Enforcement
If a police officer observes that a vehicle registered
in this State is being operated with any equipment that apparently does not
meet the standards established under this subtitle, the officer can stop the
driver of the vehicle and issue a safety equipment repair order. A police officer may issue a safety
equipment repair order for a cover only if the vehicle is equipped with a cover
and the cover or any equipment necessary to properly secure the cover does not
meet the standards established under this article.
Permits for Oversize and Overweight
Vehicles
The State Highway Administration may issue a permit
for oversized or overweight vehicles carrying a load on Maryland's
highways. For information regarding
permits, go to www.sha.state.md.us/truckers.htm and click
on Hauling Permit Information.
* * *
CHRISTMAS TREES AND EVERGREEN SHRUBS
Activity: Transportation of Christmas trees
and shrubs
Requirement: Possession
of a bill of sale signed by the landowner.
Applicability
Any person who drives or operates any vehicle on any
public road in Maryland for the purpose of transporting five or more trees, or
l00 pounds or more of boughs, of any species of pine, spruce, fir, hemlock, or
other narrow-leafed or broad-leafed evergreen tree or shrub, is required to
have upon his person a bill of sale for the trees signed by the owner or
custodian of the lands from which they were cut or removed.
Exemptions
These requirements do not apply to the transportation
of trees, shrubs, or boughs by the owner or custodian of lands from which the
trees, shrubs, or boughs were cut or removed.
Requirements
The bill of sale is required to state the date of
sale; the number and species of trees or pounds and species of boughs being
transported; the number of the election district; the name of the county and
state from which the trees, shrubs, or boughs were cut and removed; the
identity of the landowner or custodian; and the postal address of the landowner
or custodian or, if a dealer, the name and place of business from which the trees
or boughs were obtained.
Enforcement
Any uniformed forest or law enforcement officer may
stop any vehicle engaged in the transportation of the evergreen trees, shrubs,
or boughs described above in order to verify compliance. A driver's failure to have and produce upon
demand the required bill of sale or identification is classified as a
misdemeanor. Civil penalties and
criminal charges may be applied in the event of a violation.
* * *
INTERSTATE SHIPMENT OF NURSERY STOCK
Activity: Shipment of nursery stock into
Maryland
Requirements: Inspection
certificate stating that the stock is apparently free from plant pests
Applicability and Requirements
Nursery stock shipped into the State shall be plainly
labeled with:
1.
the name of the cosignor,
2.
the name of the
cosignee, and
3.
A certificate showing
that a qualified State or government officer has inspected the contents and
determined that the nursery stock is apparently free from plant pests.
Plant pests are any form of terrestrial or aquatic
plant, animal, or microorganism that is normally considered or declared as a
plant pest.
Enforcement
Failure to comply with these provisions may result in
civil fines, criminal charges, or the immediate burning or destruction of the
nursery.
Driver's Licenses
Issuance, Expiration and Renewal of Licenses
Transportation Article '' l6-l0l through l6-l20
Cancellation, Refusal, Suspension, or Relocation
Transportation Article '' l6-20l through l6-208.l
Maryland Commercial Driver's License Act
Transportation Article '' l6-80l through l6-820
Vehicle Laws
Size, Weight, and Load; Highway Preservation
Transportation Article '' 24-l0l through 24-304
Permits for Oversize and Overweight Vehicles
Code of Maryland Regulations '' ll.04.0l - ll.04.04
Christmas Trees and Evergreen Shrubs:
Natural
Resources Article '' 5-4l2, 5-4l3, 5-4l4, & 5-l30l
Agriculture
Article '' 5-301 through 5-314
Code
of Maryland Regulations ' l5.06.02.l6
Additional Information
The
State Highway Administration=s website
contains a Motor Carrier Handbook updated annually. To access the Handbook, go to www.sha.state.md.us,
click On the Road, then Truckers, then MDOT Motor Carrier Program. Scroll to the bottom of the page to find the
Handbook.
CHAPTER 5
MANUFACTURE OF
WOOD PRODUCTS
Activity: Operation of a Wood Products
Facility
Requirements: Compliance
with environmental regulations protecting air and water quality, and solid
waste disposal
Wood products facilities are subject to Maryland
construction and operation regulations regarding air quality, water quality,
and solid or hazardous waste disposal.
The particular regulations that are applicable depend on the individual
circumstances of each facility.
Applicability
The following types of facilities may be subject to
construction and operation regulations regarding air and water quality, and
solid and hazardous waste disposal.
— Saw mills,
— Kiln driers,
— Wood preservation facilities,
— Wood chipping facilities,
— Secondary manufacturers of the Forest Industry,
— Pulp, paper, and paperboard mills,
— Kraft pulp mills,