Reforestation Law 5-103 Summary - Reforestation Site Requirements

Section 1c.

The following options are in priority order:

Option 1: Reforestation

To occur on construction site or in the project right of way being used for the construction.

Option 2: Reforestation

To occur on any public land within the county and watershed where construction occurred.

Option 3: Reforestation

To occur in the county or watershed in which the construction activity is located.

Option 4

If all opportunities for reforestation are exhausted to the satisfaction of the Maryland Department of Natural Resources, make payment for forested area cleared to the Reforestation Law fund (see section 2c below for instructions).

The following criteria apply to all planting sites (per options 1 through 3):

  • Open, unforested planting sites must be at least one-half acre in size.
  • Sites that adjoin other forest and must be at least one-quarter acre in size.
  • Free standing strip plantings must be a minimum of 50 feet wide.
  • Site must not be in forested condition before planting.
  • Site must have relatively normal soil profile and be essentially free of obstructions from previous uses.
  • Site must remain in forested condition for the foreseeable future.

Section 2c.

Failure of the constructing agency to locate site(s) and implement reforestation/afforestation requires payment to the State Reforestation Fund. Projects for which construction bids were let after July 1, 1992 are subject to a $4,356/acre (10 cents/sq. ft.) fee, based on amendments to the Reforestation Law. The fee is due upon final clearing and determination per post-construction review by Maryland Forest Service personnel. The Maryland Department of Natural Resources will not authorize payment without sufficient proof that the constructing agency exhausted all planting opportunities (see 1c above).

Section 3c.

Planning Stock: Seedling or balled and burlapped, per Forest Service standards. See reforestation/afforestation planting requirements, pp. 3 and 4.