Department of Natural Resources Policy -
Forest Conservation Implementation and Mitigation on DNR Lands
Policy Number:     03:01 SUPERCEDES: 94:07 & 96:01
Effective Date:     May 15, 2003
See signed policy - Adobe Acrobat file
I. Purpose
The purpose of this policy is to 1) clarify and standardize implementation of the Forest Conservation Act for development projects on lands owned or controlled by the Department and to improve coordination between forest conservation efforts and other land planning efforts; and 2) establish a policy for afforestation and reforestation mitigation planting on DNR lands by both DNR and other entities.

II. Scope (DEPARTMENT WIDE UNLESS OTHERWISE NOTED)

Department wide

III. Policy
It is the policy of the Department to fully comply with the State Forest Conservation Program in all areas of the State, including those jurisdictions currently exempt from local program requirements. The passage of the Forest Conservation Act requires that existing forest conditions and character become an integral part of the site planning process. Prior to approvals of grading permits and sediment and erosion control plans, applicants must provide information on the condition of the existing forest and provide a plan for conserving the most valuable portion of the forest. The Act requires the submittal of two major components; a forest stand delineation (FSD) and a forest conservation plan (FCP). The FCP includes four general sections: forest retention, forest protection, afforestation and reforestation.

The program shall apply to any project which involves the disturbance of 40,000 square feet or greater, except for those activities specifically exempted under the law, or highway projects which fall under the Reforestation Law (NRA 5-103).

Use of DNR lands for the purpose of afforestation and reforestation mitigation will generally be limited to mitigation required by the Department’s own projects, mitigation required of others where the Department has determined that acreage is available in excess of the projected needs of DNR, or where special needs dictate planting types or methods not readily available to the Department. Afforestation or reforestation undertaken by entities other then DNR will be implemented at a rate of two acres for every one required under the Forest Conservation Act, or other applicable laws or regulation. The additional acreage will be utilized by DNR as afforestation/reforestation required for its own projects.

Application of forest conservation requirements will occur most appropriately during the master planning process. For the purposes of this policy, the master planning process includes interim management plans, development plans, master plan updates and other documents prepared at the unit level or for discreet portions of a land unit. In some cases it may be necessary to meet FCA requirements for a specific development project not previously addressed through some kind of master planning process.

IV.PROCEDURE

  1. Implementation

    1. Department lands will be classified as institutional developed areas with a 20% forest conservation threshold and a 15% afforestation threshold.

    2. The net tract area will be determined for:

      1. master plan applications, by delineating the total area presently developed or planned to be developed during the period covered by the master plan.

      2. individual DNR projects, on a case by case basis by designating an appropriate development envelop for the site.

    3. Where the FCP is developed during the master plan process, afforestation or reforestation sites may be identified and credited against future forest clearing undertaken in accordance with the master plan.

    4. Responsibility for preparing and submitting FSD’s and FCP’s for individual projects will fall to the applicant or the project engineer. Design contracts should be written to include the preparation of these elements. Qualified personnel within programs throughout the Department are encouraged to attend classes to become certified to prepare FSD’s and FCP’s. On a case by case basis personnel may assist with development of FSD’s and FCP’s.

    5. Applications for FSD and FCP approval will be submitted to the Forest Service State Forest Conservation Program.

  2. Use of DNR lands for required afforestation/reforestation mitigation

    1. Projects undertaken by DNR may be implemented on DNR lands, if suitable acreage is available. Potential sites will be identified as such only after other needs (i.e., public recreation, wildlife management, non-game species management, wetlands mitigation needs, etc.) have been fully considered.

    2. Private entities, businesses, local, county, non-DNR state or federal agencies with planting requirements may use DNR lands:

      1. if the forest loss occurred on DNR lands (i.e., enterprise projects, access roadways, etc.)

      2. if it has been determined that sufficient area is available in excess of DNR’s own projected needs, or that the site is practicable for DNR use, and when such planting is not in conflict with pertinent planning documents

      3. with the required planting to be at a ratio of two acres of trees for each acre required. The applicant will not be allowed to claim this additional acreage for other present or future projects. Should two-for-one replacement not be possible, the applicant may meet this requirement by paying an appropriate amount of money into the forest conservation fee-in-lieu fund maintained by DNR.

    3. All proposals (including in-house proposals) for planting on DNR lands must first be submitted to the Resource Planning Program for internal environmental review before permission is granted for tree planting to be implemented, subject to meeting statutory time frames. All requests should include a FCP or other document that contain at the minimum the following:

      1. if the forest loss occurred on DNR land, a description of the impacted area, with a map showing its location.

      2. In addition, an accurate delineation of the area required including buffers and a detailed proposal for the actual site work, including proposed start date.

    4. DNR Resources Planning Program will develop and maintain a roster of approved afforestation/reforestation sites on DNR lands. Suggestions for parcels to be added to this list of planting sites should be submitted to the Resource Planning Program for a review of their availability and suitability.

    5. The identification of parcel to be acquired by DNR specifically as afforestation or reforestation sites shall be coordinated with Resource Planning Program.

  3. Additional Requirements for afforestation and reforestation plantings on DNR lands

    1. Monitoring and Maintenance Agreements

      1. All afforestation or reforestation mitigation projects undertaken on DNR lands will be done under a right-of-entry.

      2. The entity or agency undertaking the project will be required to maintain and monitor each site for a period of at least two years. At any time within that period, DNR may require that additional maintenance (fertilizing, watering, etc.) or planting be implemented, as warranted by applicable maintenance and monitoring agreements.

      3. In certain instances a performance bond or other mechanism to ensure financial security may be required. The maintenance and monitoring period will be extended if necessary to ensure forest establishment, as defined in the agreement.

    2. Following expiration of the maintenance and monitoring period, DNR will assume responsibility for the afforestation/reforestation site, and will manage it to ensure long-term protection.

    3. The DNR Resource Planning Program will establish and maintain a data base recording the location and boundaries of each mitigation site on DNR land. If future needs require that established mitigation areas on DNR land be cleared, the impact will be mitigated on a one-for-one basis, with the long-term protection requirements for the original mitigation area transferred to the second mitigation site. This is in addition to mitigation required for other impacts such as non-tidal wetlands.

    4. Forest area identified for conservation will not require specific COMAR changes to ensure long-term protection. The long-term protection used will be reviewed and approved by the State Forest Conservation Program. Where possible, master plan designation should be used to identify protected areas.

Posted February 12, 2004