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:
(1) 
Before July 1, 1991; or
(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.
A. 
The purpose of the declaration of intent is to verify that the proposed activity is exempt under Natural Resources Article, §§ 5-103 and 5-1601 through 5-1612, Annotated Code of Maryland, and this chapter.
B. 
A person seeking an exemption under § 280-6C, D, H, K, and N of this article shall file a declaration of intent with the Department.
C. 
The declaration of intent is effective for five years.
D. 
The existence of a declaration of intent does not preclude another exempted activity on the property subject to a declaration of intent, if the activity:
(1) 
Does not conflict with the purpose of any existing declaration of intent; and
(2) 
Complies with the applicable requirements for an exempted activity.
E. 
If a regulated activity on the area covered by the declaration of intent occurs within five years of the effective date of the declaration of intent:
(1) 
There shall be an immediate loss of exemption; or
(2) 
There may be a noncompliance action taken by the Department, as appropriate, under this chapter.
F. 
An applicant may apply for a regulated activity on that area of the property not covered under the declaration of intent if the requirements of this chapter are satisfied.
G. 
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 Articles III through XIII of this chapter;
(2) 
Pay a noncompliance fee of $1 per square foot of forest cut or cleared under the declaration of intent;
(3) 
Be subject to other enforcement actions appropriate under Natural Resources Article, §§ 5-1601 through 5-1612, Annotated Code of Maryland, and this chapter; or
(4) 
File a declaration of intent with the Department.
H. 
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 violation of this chapter.
I. 
Commercial logging and timber harvesting. The requirements for a declaration of intent may be satisfied by a forest management plan for the entire tract, prepared by a forester licensed in Maryland according to Business Occupations and Professions Article, Title 7, Annotated Code of Maryland, which outlines management practices needed to meet the stated objectives for a minimum of five years.
J. 
Agricultural activities or commercial logging and timber harvesting. A declaration of intent may be part of an amended sediment and erosion control plan which ensures that the activity meets the conditions for an exemption as stated in Article III, § 280-6C and D of this chapter.