§ 46-2. When payments in lieu permitted.

If reforestation, afforestation, or specimen tree mitigation is not possible, and appropriate credits generated by a forest mitigation bank in the City are not available, the applicant may make payment into the Forest Conservation Fund. Payment may be accepted into the Conservation Fund under the following circumstances:

(1) satisfying all or a portion of the required reforestation, afforestation, or specimen tree mitigation on site is technically infeasible;

(2) an acceptable planting site cannot be found on other land within Baltimore City; and

(3) appropriate credits generated by a forest mitigation bank in the City are not available.