Maryland Forest Conservation Replacement Requirements

Under Natural Resources Article Section 5-1606, developers who clear forest beyond the conservation threshold must replant according to a sliding scale set in the law. When clearing falls below the conservation threshold, replacement is at 1:4 (one acre planted for every four cleared). Above the threshold, replacement is 2:1. Priority retention areas have higher ratios. If on-site planting is impossible, applicants may pay a fee-in-lieu deposited into the state Forest Conservation Fund or the local equivalent. Local governments administer plans but cannot reduce these minimum ratios. Two-year survival agreements and bonding are required to ensure plantings establish successfully.

Failure to replant or pay fees triggers civil penalties up to $1,000 per violation per day, restoration orders, and forfeiture of performance bonds posted with the local authority.