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5-103. Reforestation.
(d) Reforestation Fund. -(l) If
the constructing agency is unable to locate a sufficient amount
of State or other publicly owned land to comply with the requirements
of subsection (c) of this section, the constructing agency shall
contribute money, at the rate of 10 cents per square foot of the
area of required planting, to a special fund to be maintained in
the Department and to be known as the Reforestation Fund.
(2) There is a Reforestation
Fund in the Department.
(e) Management of Fund. -(l)
Money deposited in the Reforestation Fund:
(i) Shall remain in the Fund until
appropriated and spent; and
(ii) May not revert to the General
Fund.
(2) (i) 1. Except as provided
in item 2 of this subparagraph, the Department shall use the Reforestation
Fund solely to plant trees on State or other publicly owned lands
located in the county and watershed in which construction projects
giving rise to Fund contributions are located.
(2) If reforestation cannot be reasonably
accomplished in the county and watershed in which the construction
activity is located, then the Department may use the Reforestation
Fund to plant trees on State or other publicly owned lands located
in the county or in the watershed in the State in which the construction
activity is located.
(ii) 1. The Department shall
accomplish the reforestation for which money is deposited in the
Reforestation Fund within 1 year or 2 growing seasons after project
completion, as appropriate, after receipt of the money.
2. Money deposited in the Reforestation
Fund under subsection (d) of this section shall remain in the Fund
for a period of 1 year or 2 growing seasons, and at the end of that
time period, any portion that is not used to meet the reforestation
requirements shall be returned to the constructing agency.
Consultation with Department. -(l)
Any unit of State or local government that engages in construction
activities involving land clearing on forest lands shall consult
with the Department to assure compliance with this section:
(i) Before cutting in or clearing
a forest; and
(ii) Before locating a reforestation
area in accordance with this section.
(2) The provisions of this subsection
shall also apply to any construction activity by any other person
who uses State funding for that activity.
(g) Exception. -The provisions of
this section do not apply to any agricultural practice implemented
under a soil and water conservation plan.
(h) Annual report. -on or before
July 1 of each year, the department or local authority shall submit
to the Senate Economic and Environmental Affairs Committee and the
House Environmental Matters Committee a report on:
(1) The number and location of each
construction activity subject to the requirements of this section;
(2) The amount and location of acres
cleared, conserved, and planted in connection with the activity;
and
(3) The amount of reforestation
fees collected and expended. (1991, ch. 255, 2.)
Amendment effective July 1, 1992
The 1991 amendment, effective
July 1, 1992, rewrites the action.
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