Except as provided in §
280-6 of this article, this chapter applies to:
A. A person making application for a subdivision, project plan, grading
or sediment control approval on units of land 40,000 square feet or
greater after the effective date of this chapter;
B. A public utility not exempt under §
280-6E and
F of this article;
C. A unit of county or municipal government, including a public utility
or public works project, making application for a subdivision, project
plan, grading, or sediment control approval on areas 40,000 square
feet or greater.
This chapter does not apply to:
A. Highway construction activities under Natural Resources Article,
§ 5-103, Annotated Code of Maryland;
B. Areas governed by the Chesapeake Bay Critical Area Protection Law,
Natural Resources Article, §§ 8-1801 through 8-1817,
Annotated Code of Maryland, including those areas into which Critical
Area forest protection measures have been extended under Natural Resources
Article, § 5-1602(c), Annotated Code of Maryland;
C. Commercial logging and timber harvesting operations, including harvesting
conducted subject to the forest conservation and management program
under Tax-Property Article, § 8-211, Annotated Code of Maryland,
that are completed:
(2) After July 1, 1991, on property which:
(a)
Has not been the subject of application for a grading permit
for development within five years after the logging or harvesting
operation; and
(b)
Is the subject of a declaration of intent as provided for in §
280-7 of this article, approved by the Department;
D. 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, except that a person engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a one-year period may not receive an agricultural exemption, unless the person files a declaration of intent as provided for in §
280-7 of this article, which includes:
(1) 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; and
(2) A sketch map of the property which shows the area to be cleared;
E. The cutting or clearing of public utility rights-of-way licensed
under Public Utility Companies, §§ 7-207 and 7-208
or 7-205, Annotated Code of Maryland, or land for electric generating
stations licensed under Public Utility Companies, §§ 7-207
and 7-208 or 7-205, Annotated Code of Maryland, if:
(1) Required certificates of public convenience and necessity have been
issued in accordance with Natural Resources Article, § 5-1603(f),
Annotated Code of Maryland; and
(2) Cutting or clearing of the forest is conducted to minimize the loss
of forest;
F. Routine maintenance or emergency repairs of public utility rights-of-way
licensed under Public Utility Companies, §§ 7-207 and
7-208 or 7-205, Annotated Code of Maryland;
G. Except for a public utility subject to Subsection
F of this section, routine maintenance or emergency repairs of public utility rights-of-way if:
(1) The right-of-way existed before the effective date of this chapter;
or
(2) The right-of-way's initial construction was approved under this
chapter;
H. A residential construction activity conducted on an existing single
lot of any size of record at the time of application, or a linear
project not otherwise exempted under this chapter, if the activity:
(1) Does not result in the cumulative cutting, clearing, or grading of
more than 20,000 square feet of forest;
(2) 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; and
(3) Is the subject of a declaration of intent filed with the Department, as provided for in §
280-7 of this article, stating that the lot will not be the subject of a regulated activity within five years of the cutting, clearing, or grading of forest;
I. Strip or deep mining of coal regulated under Environment Article,
Title 15, Subtitle 5 or 6, Annotated Code of Maryland;
J. Noncoal surface mining regulated under Environment Article, Title
15, Subtitle 8, Annotated Code of Maryland;
K. An activity required for the purpose of constructing a dwelling house
intended for the use of the owner, or a child of the owner, if the
activity:
(1) Does not result in the cutting, clearing, or grading of more than
20,000 square feet of forest; and
(2) Is the subject of a declaration of intent filed with the Department, as provided for in §
280-7 of this article, which states that transfer of ownership may result in a loss of exemption;
L. A preliminary plan of subdivision or a grading or sediment control
plan approved before July 1, 1991;
M. A planned unit development that, by December 31, 1991, has:
(1) Met all requirements for planned unit development approval; and
(2) Obtained initial development plan approval by the Department;
N. A real estate transfer to provide a security, leasehold, or other
legal or equitable interest, including a transfer of title, of a portion
of a lot or parcel, if:
(1) The transfer does not involve a change in land use, or new development
or redevelopment, with associated land-disturbing activities; and
(2) Both the grantor and grantee file a declaration of intent, as provided for in §
280-7 of this article.