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Statutes Text

Article - Natural Resources




§5–101.

    (a)    In this title the following words have the meanings indicated.

    (b)    “County” includes Baltimore City unless otherwise indicated.

    (c)    “Department” means Department of Natural Resources.

    (d)    “Environmental services” means the benefits generated for society by the existence and dynamic development of forests, including:

        (1)    Producing oxygen and removing carbon dioxide from the atmosphere;

        (2)    Regulating the surface and underground flow of water;

        (3)    Providing effective filtration systems for higher water quality;

        (4)    Supporting a myriad of native flora and fauna; and

        (5)    Providing goods and services ranging from forest products to aesthetics.

    (e)    (1)    “Forest land” means a biological community dominated by trees and other woody plants that are capable of producing timber or other wood products with a stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or greater diameter at 4.5 feet above the ground.

        (2)    “Forest land” includes forested areas that have been cut but not converted to other land uses.

    (f)    “Forest stewardship plan” means a document written by a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, regarding a parcel of land comprising not less than 5 contiguous forested acres that lists activities that enhance or improve forest resources, including soil, water, timber, recreation, and aesthetics over a 15–year period.

    (g)    “Forestry” or “silviculture” means the science, art, and practice of creating, managing, using, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, including goals for:

        (1)    Clean air and water;

        (2)    Biodiversity;

        (3)    Wildlife habitat;

        (4)    Fiber production; and

        (5)    Recreation.

    (h)    (1)    “Forestry practices” means activities conducted to achieve land management objectives.

        (2)    “Forestry practices” includes:

            (i)    Planting;

            (ii)    Prescribed burning;

            (iii)    Thinning;

            (iv)    Pruning;

            (v)    Harvesting;

            (vi)    Fertilizing; and

            (vii)    Pesticide and herbicide application.

    (i)    “No net loss of forest” means 40% of all land in Maryland is covered by tree canopy.

    (j)    “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

    (k)    “Secretary” means Secretary of Natural Resources.

    (l)    “Silvicultural product” or “forest product” means any raw material yielded by a forest, including:

        (1)    Timber;

        (2)    Timber products; and

        (3)    Any other forest materials, such as lumber, poles, pulpwood, firewood, and pine straw.

    (m)    “Sustainable forestry” or “sustainable forestry management” means an internationally accepted and applied stewardship concept for the use of forests and forest lands in a manner and at a rate that maintains a forest’s:

        (1)    Biodiversity;

        (2)    Productivity;

        (3)    Regeneration capacity;

        (4)    Nutrient reduction benefits;

        (5)    Vitality; and

        (6)    Ecological, economic, and social purposes at local and national levels that do not cause damage to other ecosystems.

    (n)    “Working landscapes” means:

        (1)    Forest lands that are managed consistently with the requirements of a forest stewardship plan or a forest conservation plan, approved by the Department or a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, that advances sustainable forestry management as defined in subsection (m) of this section; and

        (2)    Agricultural lands that are managed consistently with criteria set forth by the Department of Agriculture.