Md. Code Regs. 08.19.06.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.19.06.01 - Qualified Professional

A. An individual may prepare a forest stand delineation or a forest conservation plan, if the individual:

(1) Is a licensed forester;

(2) Is a licensed landscape architect;

(3) Is approved by a local program for work in that jurisdiction and the program has:

(a) Received final approval by the Department, and

(b) Criteria for a qualified professional consistent with the requirements of the Department; or

(4) Meets the requirements of §B of this regulation.

B. An individual may be approved by the Department as a qualified professional if the individual:

(1) Possesses the following education or experience requirements:

(a) A 4-year degree in the natural resources sciences, natural resource management, landscape planning, or environmental planning,

(b) 4 years of professional experience in natural resources sciences, natural resource management, landscape planning, environmental planning, or the equivalent as determined by the Department, or

(c) A graduate degree in natural resources sciences and 1 year of professional experience;

(2) Has shown the ability to meet the obligations required by the Department to prepare a forest stand delineation and a forest conservation plan; and

(3) Has satisfactorily completed a forest conservation training program approved by the Department.

C. The Department shall approve forest conservation training programs to be offered on a regular basis. This approval is contingent on the proposed training program demonstrating how to:

(1) Develop and interpret a forest stand delineation and forest conservation plan according to criteria stated in COMAR 08.19.04;

(2) Prepare and interpret soils, topography, floodplain, wetlands, and site maps;

(3) Prepare afforestation and reforestation plans according to criteria stated in COMAR 08.19.04;

(4) Prepare a sketch map of a site, showing areas of forest retention, proposed reforestation, or afforestation;

(5) Identify and evaluate protection measures that may be appropriate for forested areas that are sensitive to disturbance;

(6) Identify flora and fauna, including trees, woody shrubs, plants, and wildlife;

(7) Diagnose and treat forest pest and disease problems; and

(8) Understand ecosystem interactions including:

(a) Water regime impacts,

(b) Soil variations as they affect existing trees and species selection for afforestation and reforestation,

(c) Wildlife habitats,

(d) Multistoried plant canopies, and

(e) Forest successional stages.

D. The Department may revoke or temporarily suspend its approval of an individual as a qualified professional, pursuant to §B of this regulation, if the individual is found guilty of:

(1) Fraud or deceit in obtaining the Department's approval as a qualified individual; or

(2) Negligence or wrongful conduct in the preparation of a forest stand delineation or forest conservation plan.

E. Hearing.

(1) Approval of an individual as a qualified professional may not be revoked or temporarily suspended until after the individual has a hearing before the Department. Notice of the cause for the suspension or revocation and the hearing date shall be sent to the individual at the individual's last known address by registered or certified mail at least 20 days before the hearing. The nonappearance of the individual after the required notice has been given does not preclude holding the hearing.

(2) A hearing under this section is a contested case hearing and shall be conducted under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

F. The Department may reissue its approval of any qualified professional whose approval was previously revoked.

Md. Code Regs. 08.19.06.01

Regulation .01A amended effective November 22, 1993 (20:23 Md. R. 1804)
Regulation .01B, C amended effective July 1, 1996 (23:13 Md. R. 942)
Regulation .01E amended effective April 5, 2010 (37:7 Md. R. 569)
Regulation .01D_F adopted effective August 20, 2001 (28:16 Md. R. 1482)