Program

Chesapeake Bay Critical Area Act

Forest Conservation Act

Type

Regulatory, State (MD)

Regulatory, State (MD)

Purpose

Controls development within 1,000 feet of tidal waters. 100-foot mandatory buffer required for all tidal waters, tidal wetlands, and tributary streams in Critical Area. Exemptions for agricultural/silvicultural land.

Protects forest cover from development by limiting forest clearing. Requiring replanting where needed. "Priority areas" for retainment/replanting include 50-foot buffer areas streams.

RFB Emphasis

Yes

No

Prot. Level

Indefinite

Indefinite

Admin. Agency

Critical Area Commission, MD DNR

Local counties and municipalities with planning and zoning authority and MD DNR - Forest Service.

Participation

Mandatory

Mandatory

Enforcement

Adequate

Adequate

Barriers

Does not enjoy universal acceptance at the local level

Needs to be streamlined to better recognize local development regulations and standard forest management practices.

$ Level/Source

Varies by local county

Varies by local county. DNR-Forest Service General Fund @ $80,000/yr

Benefits

The first 50' from mean high tide is a no cut buffer; the next 50' may be thinned selectively or clear-cut in the cases of Loblolly pine and yellow-poplar if a Buffer Management Plan is prepared by a licensed forester as part of the Timber Harvest Plan.

Provides long-term protection and management of riparian forest buffers at part of the tract.

 Program

Nontidal Wetlands Act

Economic Growth, Resource Protection, and Planning Act

Type

Regulatory, State (MD)

Regulatory, State (MD)

Purpose

Mandatory 25-foot naturally vegetated buffer required around all nontidal wetlands greater than 5,000 square feet. Provides forested/naturally vegetated buffer in cases where wetland exists within/adjacent to stream.

Encourages riparian protection as part of each county's requirement to develop "sensitive areas element" in comprehensive plans.

RFB Emphasis

No

No

Prot. Level

Duration of the regulated activity

Indefinite

Admin. Agency

MD Department of the Environment - Water Resources Administration

Local counties and municipalities that have planning and zoning authority with approval of Maryland Office of Planning.

Participation

Mandatory

Mandatory

Enforcement

Adequate to Poor

Adequate

Barriers

Spotty enforcement due to insufficient personnel.

Inconsistent implementation at the local level. Needs to be streamlined to better recognize local development regulations and standard forest management practices. Insufficient support resources at the local level ($ & people).

$ Level/Source

Water Resources Administration General Fund

Varies by local county

Benefits

Allows for management of forested wetlands through the use of BMPs. Conserves riparian as well as other non-tidal wetland values.

Conserves the forest land base by allowing for a comprehensive review of the forest resource. Prioritizes forest mitigation by encouraging riparian buffer planting. Riparian forests are considered high priority areas for forest retention. Provides long-term protection and management of riparian forest buffers at part of the tract.

 Program

Reforestation Act

Chesapeake Bay Preservation Act

Type

Regulatory, State (MD)

Regulatory, State (VA

Purpose

Minimizes forest loss, replaces unavoidable losses from highway construction projects. Highest priority on forests near/adjacent to streams

Establishes "preservation areas" that comprise between 50% - 60% of Virginia's coastal plain. Stream areas, wetlands, tributaries require a 100-foot buffer around tributary streams. Exemptions for agricultural land. Prevents indiscriminate tree cutting.

RFB Emphasis

No

Yes, where there are trees

Prot. Level

Indefinite

Indefinite

Admin. Agency

MD DNR-Forest Service

Chesapeake Bay Land Assistance Department working with local jurisdictions through local ordinances.

Participation

Mandatory

Mandatory

Enforcement

Adequate

Inadequate local enforcement

Barriers

Requires more preconstruction planning. Differences between forest values and riparian buffer values is not distinguished.

 Public perception of ordinances being inflexible and a form of a "taking".

$ Level/Source

MD DNR-Forest Service General Funds @ $30,000/yr

State General Funds @ $2.3 million/yr. $1.1 million made available to local jurisdiction through 50/50 matching grants. Local jurisdictions generate Special Fund revenue for plan review.

Benefits

Mitigated the loss of forest land including riparian areas. Encourages mitigation to occur in riparian areas as a priority.

 Improved land use planning. Improvement in oversight of development and conservation planning on forest lands. Reduces NPS pollution by protecting and conserving riparian forest buffers.

 Program

Dams Safety and Encroachments Act

Local Zoning Ordinances

Type

Regulatory, State (PA)

Regulatory, State (MD, VA, PA)

Purpose

Regulates development in wetlands, stream areas by requiring permit from the Department of Environmental Protection. Applicants must avoid, minimize, or mitigate impacts. No specific buffer requirements.

Some municipalities in Pennsylvania have ordinances which restrict timber harvesting altogether.

RFB Emphasis

No

Yes (MD, VA), No (PA)

Prot. Level

Indefinite

Indefinite

Admin. Agency

Department of Environmental Protection, Bureau of Land and Water Conservation, and local soil and water conservation districts.

Local counties

Participation

Mandatory

Mandatory

Enforcement

Adequate

Adequate

Barriers

Burdensome paperwork

N/A

$ Level/Source

Department of Environmental Protection, Bureau of Land and Water Conservation, and local soil and water conservation districts.

Varies by local county

Benefits

Reduced NPS pollution

Conserves forest land base.

 Program

Forest Harvest Guidelines

Water Quality Law ("Bad Actor" Law)

Type

Regulatory, State (MD)

Regulatory, State (VA)

Purpose

Minimum 50-foot forested, selective-cut buffer required around all perennial streams. 60% crown cover or 60 square feet of basal area per acre must be evenly retained.

State guidelines recommend minimum 50-foot forested, selective-cut buffer required around all perennial streams and retention of 50% crown cover or 50 square feet of basal area per acre. Alternative practices that provide equivalent water quality protection may be permitted.

RFB Emphasis

No

No

Prot. Level

Duration of regulated activity

Duration of regulated activity

Admin. Agency

Local Soil Conservation Districts, local counties, and the Maryland Department of the Environment.

VA Department of Forestry

Participation

Mandatory

Mandatory

Enforcement

Adequate

Adequate

Barriers

Varying requirements by county. Inconsistent implementation by county. Burdensome paperwork.

Lack of public awareness

$ Level/Source

Local Soil Conservation Districts, local counties, and the Maryland Department of the Environment. Information not available for forest harvesting.

Va Department of Forestry

Benefits

Reduce nonpoint source pollution. Protect and maintain stream integrity and bank stability.

Reduce nonpoint source pollution

Program

Special Protection Streams

Type

Regulatory, State (PA)

Purpose

Mandatory forested buffers required for commercial logging operations on state forest lands around streams designated for "special protection" by the Bureau of Water Quality Management (100-foot selective-cut buffer) or as Wilderness Trout Streams by the Pennsylvania Fish and Boat Commission (200-foot no-cut buffer).

 RFB Emphasis

Yes

Prot. Level

Indefinite

Admin. Agency

Bureau of Water Quality Management or Fish and Boat Commission

Participation

Mandatory

Enforcement

Adequate

Barriers

N/A

$ Level/Source

Bureau of Water Quality Management or Fish and Boat Commission

Benefits

Reduced NPS pollution. Maintain water quality for fish habitat.