Wicomico County, MD Exemptions

The provisions of this chapter do not apply to the following development or activities, provided that a certificate of exemption is issued by the Department, and further provided that the conditions existing at the time the exemption is granted do not change.

Exemptions not requiring a declaration of intent. The following activities or lands are exempt from the requirements of this chapter:

(1)

Any parcel of land recorded prior to January 1, 1993, that is 39,999 square feet or less in size of land area.

(2)

Highway construction activities under Natural Resources Article of the Annotated Code of Maryland, § 5-103.

(3)

Areas governed by the Chesapeake Bay Critical Area Protection Law, Natural Resources Article of the Annotated Code of Maryland, §§ 8-1801 through 8-1816.

(4)

The cutting or clearing of public utility rights-of-way licensed under Article 78, §§ 54A and 54B or § 54-I of the Annotated Code of Maryland, or land for electric generating stations licensed under Article 78, §§ 54A and 54B or § 54-I of the Annotated Code of Maryland, if:

(a)

Required certificates of public convenience and necessity have been issued in accordance with Natural Resources Article of the Annotated Code of Maryland, § 5-1603(f); and

(b)

Cutting or clearing of the forest is conducted to minimize the loss of forest.

(5)

Routine maintenance or emergency repairs of public utility rights-of-way licensed under Article 78, §§ 54A and 54B or § 54-I of the Annotated Code of Maryland.

(6)

Except for a public utility subject to exemption under Subsection A(5) above, routine maintenance or emergency repairs of a public utility right-of-way if:

(a)

The right-of-way existed before the effective date of this chapter; or

(b)

The right-of-way's initial construction was approved under the provisions of this chapter.

(7)

Strip or deep mining of coal regulated under the Natural Resources Article of the Annotated Code of Maryland, Title 7, Subtitle 5 or 5A.

(8)

Noncoal surface mining regulated under the Natural Resources Article of the Annotated Code of Maryland, Title 7, Subtitle 6A.

(9)

A preliminary plan of subdivision or a grading or sediment control plan approved before July 1, 1991. This exemption does not apply to site development plans for build-out of exempt subdivisions, unless otherwise provided.

(10)

A planned unit development that, by December 31, 1991, has:

(a)

Met all requirements for planned unit development approval; and

(b)

Obtained initial development plan approval by the Department.

(11)

(12)

Any habitat program approved by another government agency, such as the United States Soil Conservation Service, the United States Fish and Wildlife Service or the Maryland Department of Natural Resources, for such habitat program if the activity does not result in the cutting, clearing or grading of a forest that is subject to the requirements of a previous forest conservation plan approved under this chapter.

(13)

The construction and maintenance of county utilities, such as public/shared water and sewage treatment facilities and county landfills, where public funds are used, and provided that the cutting or clearing of the forest is conducted to minimize the loss of forest. In addition, all forested area cut or cleared over 40,000 square feet in area shall be replaced at a ratio of one acre planted for each one acre removed.

(14)

The construction and maintenance of linear county utilities, such as tax ditches, drainage ditches, water and sewer lines, telephone, natural gas and electrical power lines, provided that the cutting or clearing of the forest is conducted to minimize the loss of forest. In addition, all forested area cut or cleared over 40,000 square feet in area shall be replaced at a ratio of one acre planted for each one acre removed.

(15)

County road construction activities where public funds are used, provided that the cutting or clearing of the forest is conducted to minimize the loss of forest, and provided that all forested area cut or cleared over 40,000 square feet in area is replaced at a ratio of one acre planted for each one removed.

(16)

Cutting of trees to establish or reestablish property lines or survey control, using accepted field surveying methods, including random traverse and cross sections for topography, provided that the width of such cutting does not exceed 10 feet.

Exemptions requiring a declaration of intent. The following development or activities are exempt from the requirements of this chapter, provided that a declaration of intent is filed with the Department is accordance with Article IV of this chapter:

(1)

Commercial logging and timber harvesting operations, including harvesting conducted subject to the forest conservation and management program under the Tax-Property Article of the Annotated Code of Maryland, § 8-211 that are completed:

(a)

Before July 1, 1991; or

(b)

After July 1, 1991, on property that:

[1]

Has not been the subject of application for a grading permit for development within five years after the logging or harvesting operation; and

[2]

Is the subject of a declaration of intent as provided for in § 126-5 of this chapter, approved by the Department.

(2)

Agricultural activities not resulting in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices, if the activity results in the cutting, clearing or grading of 40,000 square feet or greater of forest within a one-year period. However, the applicant may not receive an agricultural exemption, unless the person files a declaration of intent, as provided for in this chapter, that includes:

(a)

A statement that the landowner or landowner's agent will practice agriculture on that portion of the property for five years from the date of the declaration.

(b)

A sketch map of the property which shows the area to be cleared.

(3)

Residential construction activity that is conducted on a single lot of any size if the activity:

[Amended 3-4-2003 by Bill No. 2003-2]

(a)

Does not result in the cumulative cutting or clearing of more than 40,000 square feet of forest.

(b)

Does not result in the cutting, clearing or grading of a forest that is subject to the requirements of a previous forest conservation plan approved under this chapter.

(c)

Is the subject of a declaration of intent filed with the Department, as provided for in § 126-5 of this chapter, stating that the lot will not be the subject of a regulated activity within five years of the cutting, clearing or grading of forest.

(4)

A regulated activity required for the purpose of constructing a dwelling house intended for the use of the owner or a member of the owner's immediate family, if the activity:

(a)

Does not result in the cutting, clearing or grading of more than 40,000 square feet of forest.

(b)

Is the subject of a declaration of intent filed with the Department, which states that transfer of ownership may result in a loss of exemption.

(5)

A real estate transfer to provide a security, leasehold or other legal or equitable interest or for agricultural purposes only, including a transfer of title, of a portion of a lot or parcel. This exemption shall include but not be limited to:

(a)

A boundary line adjustment, provided that there is no accompanying change in land use and a statement to that effect is included on the plat.

(b)

Corrected or revised subdivision plats, provided that no additional lots are created; provided, however, that the transfer does not involve a change in land use or new development or redevelopment or associated land-disturbing activities and both the grantor and grantee file a declaration of intent, as provided for in this chapter.

(6)

A minor or major subdivision where the area of forested nontidal wetland is greater than or equal to the area of reforestation and afforestation required under this chapter.