(a) (1) A local jurisdiction may propose, and the Department may approve, alternative afforestation, reforestation, and preservation requirements that are expected to result in the local program at a minimum maintaining its existing level of forest cover over a 4-year period.

(2) If the Department finds that the proposed alternative afforestation, reforestation, and preservation requirements are not expected to maintain the local jurisdiction’s baseline level of forest cover, the Department shall:

(i) Reject the proposed alternative afforestation, reforestation, and preservation requirements; and

(ii) Provide the local jurisdiction with written notice of the elements of the proposal that need to be revised.

(3) In determining whether proposed alternative afforestation, reforestation, and preservation requirements are expected to maintain the local jurisdiction’s existing level of forest cover, the Department shall:

(i) Consider credits generated under § 5-1607(b)(3) of this subtitle to be forest acreage;

(ii) Base its determination on the local annual reports required under § 5-1613 of this subtitle; and

(iii) Exclude the effect of a project:

1. Approved before July 1, 2024; or

2. Described in § 5-1602(b) of this subtitle.

(4) On or before December 31, 2028, the Department shall provide written notice requiring modification of alternative afforestation, reforestation, and preservation requirements if the local program does not:

(i) Maintain or expand the local jurisdiction’s existing level of forest cover over two consecutive 2-year periods; or

(ii) Submit the local annual reports required under § 5-1613 of this subtitle.

(5) On or after January 1, 2029, the Department may rescind approval of alternative afforestation, reforestation, and preservation requirements if the local program does not meet a condition specified under paragraph (4)(i) or (ii) of this subsection.