A. 
A person making application after the effective date of this chapter for subdivision, site plan approval, and clearing and grading permits, for an area 40,000 square feet or greater, shall:
(1) 
Submit to the Town of Rock Hall a forest stand delineation and a forest conservation plan for the lot or parcel on which the development is located; and
(2) 
Use methods described in the Rock Hall Forest Conservation Technical Manual to protect retained forests and trees during construction.
B. 
State funds:
(1) 
A local agency or persons using state funds applies to conduct a regulated activity shall submit the subdivision, construction, grading or sediment control plan to the Town of Rock Hall who shall notify the Department of Natural Resources within 15 days of receipt of the plan or project.
(2) 
Within 15 days of receipt of notice from the Town of Rock Hall, the Department of Natural Resources shall:
(a) 
Determine whether the project has impact on significant forest resources; and
(b) 
Notify the local authority whether the project is subject to the state program.
(3) 
If the Department of Natural Resources determines that the project is subject to the State program the:
(a) 
Time limit for approval of the forest stand delineation and preliminary and final forest conservation plan shall begin when the Department receives the necessary documents from the Town of Rock Hall;
(b) 
The Town of Rock Hall may not approve a subdivision or site plan or issue the grading or sediment control permit until the Town of Rock Hall receives notice from the Department of Natural Resources that the standards and requirements of the state program have been satisfied.
(4) 
If the Department of Natural Resources determines the project need not be reviewed under the state program, the time limit for approval of the forest standard delineation and forest conservation plan under the Rock Hall plan begins when the local authority receives notice from the Department of Natural Resources.
A. 
The purpose of the declaration of intent is to verify that the proposed activity is exempt under Natural Resources Article, § 5-103, Annotated Code of Maryland, and this chapter.
B. 
A person seeking an exemption under Article I, § 121-3B, C, G, and I of this chapter shall file a declaration of intent with the Department.
C. 
The existence of a declaration of intent does not preclude:
(1) 
An exempted activity on the property subject to a declaration of intent, if the activity:
(a) 
Does not conflict with the purpose of any existing declaration of intent; and
(b) 
Complies with the applicable requirements for an exempted activity;
(2) 
A regulated activity on the area covered by the declaration of intent, if the activity occurs within five years of the effective date of the declaration of intent, in which case:
(a) 
There shall be an immediate loss of exemption; or
(b) 
There may be a noncompliance action taken by the Town of Rock Hall, as appropriate, under this chapter; or
(3) 
A regulated activity on that area of the property not covered under the declaration of intent if the requirements of this chapter are satisfied.
D. 
The Town of Rock Hall 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 to XIII of this chapter;
(2) 
Pay a noncompliance fee of $0.30 per square foot of forest cut or cleared under the declaration of intent;
(3) 
Be subject to other enforcement actions appropriate under Article XIII of this chapter; or
(4) 
File a declaration of intent with the Town of Rock Hall.
E. 
In its determination of appropriate enforcement action, the Town of Rock Hall may consider whether failure to file a declaration of intent by a person required to file is a knowing violation of this chapter.
F. 
The declaration of intent is effective for five years.