Md. Code Regs. 08.07.05.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 08.07.05.03 - Application for Cost-Share Assistance for Woodland Incentive Program

A. An eligible landowner seeking cost-share assistance from the Woodland Incentive Program shall submit a plan to the Department prepared or certified by a licensed forester, which contains:

(1) The name, address, Social Security or federal identification number, and telephone number of the landowner;

(2) A map of the forested area, or of the proposed reforestation area, at a scale of not less than 1 inch = 660 feet, indicating the location by reference to:

(a) Known map coordinates;

(b) Tract designations;

(c) Deed references;

(d) Property boundaries;

(e) North direction; and

(f) Pertinent geographic and man-made features; and

(3) A description of the existing conditions in the proposed treatment area, including:

(a) Stocking levels;

(b) Species;

(c) Quality;

(d) Growth potential;

(e) Age class;

(f) Acreage;

(g) Significant plant and wildlife habitats;

(h) Soil type classification;

(i) Topographic conditions.

B. An eligible landowner seeking cost-share assistance shall submit an application on the form provided by the Department, which contains the:

(1) Name, address, Social Security or federal identification number, and telephone number of the landowner;

(2) Forestry practice and the estimated unit cost or total cost for which application is made; and

(3) Location of woodland tract upon which the forestry practice will be implemented.

C. An eligible landowner seeking cost-share assistance shall sign a statement on a form provided by the Department, declaring that the landowner:

(1) Agrees to use the cost-share assistance for continued forest improvement, and for growth of harvestable forest products on a long-term basis;

(2) Agrees to permit a representative of the Department to enter the woodland tract to inspect for program compliance, and to determine the effectiveness of the funded forestry practice;

(3) Agrees to maintain the forestry practice for a period of 15 years;

(4) Agrees to complete the approved forestry practice within the time period specified by the Department;

(5) Agrees to accept the cost-share payment not to exceed 65 percent of actual expenses as determined by the designated representative of the Department;

(6) Agrees that the landowner may not receive a total of State and federal cost share assistance in an amount that exceeds 90 percent of the cost of the approved practice; and

(7) Agrees to hold the Department harmless from liability for occurrences arising during inspections by representatives of the Department on official business.

D. Processing of Application.

(1) The Department shall give notice twice yearly by publication in a newspaper of general circulation, or by whatever means the Department determines is reasonable, that eligible landowners may file Woodland Incentive Program applications with the Department during a specified 30-day enrollment period.

(2) When the enrollment period expires, the Department shall process applications by assigning a ranking to each application, based on the total points a woodland tract receives. The Department determines the points the tract is to be awarded within each of the five categories set forth in §E of this regulation.

E. Point Determination.

(1) Site Index. To determine a site index, a measurement is taken in trees which have a dominant position in the forest crown. In the eastern United States, including Maryland, the base age for computing site index is 50 years. This age combined with the height of the tree species for which the index is to be determined will provide an index of site capability, or a site index number ranging from 60 to 100. The higher the number, the greater the site capability. Points shall be assigned to a site index as follows:

(a) 60-69 = 2 points;

(b) 70-79 = 4 points;

(c) 80-89 = 6 points;

(d) 90-99 = 8 points;

(e) 100 = 10 points.

(2) The size of total ownership in the proposed management plan is determined as follows:

(a) 10-99 acres = 2 points;

(b) 100-199 acres = 4 points;

(c) 200-299 acres = 6 points;

(d) 300-399 acres = 8 points;

(e) 400-500 acres = 10 points.

(3) The size of a tract or stand to which a particular forestry practice is to be applied is determined as follows:

(a) 10-99 acres = 2 points;

(b) 100-199 acres = 4 points;

(c) 200-299 acres = 6 points;

(d) 300-399 acres = 8 points;

(e) 400-500 acres = 10 points.

(4) The time period to which a landowner agrees to maintain the practice after installation is determined as follows:

(a) 15-25 years = 2 points;

(b) 26-35 years = 4 points;

(c) 36-45 years = 6 points;

(d) 46-55 years = 8 points;

(e) 56 years or more = 10 points.

(5) Species proposed to be managed are determined as follows:

(a) Miscellaneous pine = 2 points;

(b) Upland hardwoods = 4 points;

(c) White oak/red oak = 6 points;

(d) Cove hardwoods = 8 points;

(e) Loblolly/shortleaf pine = 10 points.

F. After the Department has calculated the total points for each woodland tract for which application is made, the Department, in its discretion, shall approve the applications receiving the highest point scores and meeting all other requirements, until the Department has committed the cost-share assistance which it has set aside for a designated enrollment period.

G. The Department shall notify each landowner whether the application has been approved or disapproved within 30 calendar days after the expiration date of the enrollment period.

H. Payments to Landowners From Woodland Incentive Fund-Limitation on Cost-Share Assistance.

(1) The Department shall disburse payments to eligible landowners within a reasonable time after:

(a) The Department has received proof of expenses from the landowner which the Department is able to determine are correct and justified; and

(b) A representative of the Department has inspected the woodland tract and has approved the implementation of the forestry practices.

(2) An eligible landowner may not receive a cost-share payment from the Department exceeding 65 percent of the actual expenses incurred for implementing the approved practice.

(3) An eligible landowner may not receive more than $5,000 in a calendar year for all approved forestry practices implemented by the landowner, unless the Department has approved a 3-year plan.

(4) If the Department has approved a 3-year plan, an eligible landowner may not receive more than $15,000 during the 3-year period for all approved forestry practices implemented by the landowner.

(5) An eligible landowner may not receive a total of State and federal cost-share assistance in an amount that exceeds 90 percent of the actual cost of the approved practice.

Md. Code Regs. 08.07.05.03

Regulations .03, Woodland Incentive Program, adopted effective March 27, 1995 (22:6 Md. R. 473)
Regulation .03 amended effective May 16, 2011 (38:10 Md. R. 614)
Regulation .03C amended effective November 5, 2007 (34:22 Md. R. 1976)