A. 
A person seeking an exemption for items listed in Article III, § 126-4B, of this chapter shall file a declaration of intent with the Department. The purpose of the declaration of intent is to verify that the proposed activity is exempt under this chapter.
B. 
No regulated activity may occur on the area covered by the declaration of intent within five years of the effective date of the declaration of intent.
C. 
The existence of a declaration of intent does not preclude another exempted activity on the property subject to a separate declaration of intent, provided that the activity:
(1) 
Does not conflict with the purpose of any approved declaration of intent.
(2) 
Complies with the applicable requirements for an exempted activity as stated in Article III of this chapter.
D. 
An applicant may apply for approval of a regulated activity on that area of the property not covered under the declaration of intent if the requirements of this chapter are satisfied.
E. 
The Department may require a person failing to file a declaration of intent or found in noncompliance with a declaration of intent to:
(1) 
Meet the retention, afforestation and reforestation requirements established in this chapter;
(2) 
Pay a penalty fee for noncompliance, established by fee schedules approved by the County Council, by per square foot of forest cut or cleared, but in no case less than $0.30 per square foot of forest cut or cleared as set by state law;
[Amended 10-17-2006 by Bill No. 2006-11]
(3) 
Be subject to other enforcement actions appropriate under this chapter; or
(4) 
File a declaration of intent with the Department.
F. 
In its determination of appropriate enforcement action, the Department may consider whether failure to file a declaration of intent by a person required to file is a knowing or willful violation of this chapter.