Except as provided in §
216-4 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 §
216-4C and
D 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 8-1816,
Annotated Code of Maryland.
C. The cutting or clearing of public utility rights-of-way licensed
under Article 78, §§ 54A and 54B or § 54-I,
Annotated Code of Maryland or land for electric generating stations
licensed under Article 78, §§ 54A and 54B or § 54-I,
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.
D. Routine maintenance or emergency repairs of public utility rights-of-way
licensed under Article 78, §§ 54A and 54B or § 54-I,
Annotated Code of Maryland.
E. Except for a public utility subject to §
216-4F of this article, routine maintenance or emergency repairs of a public utility right-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.
F. Residential construction activity that is conducted on an existing
single residential lot of any size if the activity:
(1) Does not involve a request to subdivide the lot;
(2) Does not result in the cumulative cutting, clearing, or grading of
more than 20,000 square feet of forest;
(3) 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
(4) Is the subject of a declaration of intent filed with the Department, as provided for in §
216-5 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.
G. An activity required for the purpose of constructing a dwelling house
intended for the use of the owner, or a child or a grandchild 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 §
216-5 of this article, which states that transfer of ownership may result in a loss of exemption.
H. A preliminary plan of subdivision or a grading or sediment control
plan approved before July 1, 1992.
I. A real estate transfer to provide a security, leasehold, or other
legal or equitable interest, including a transfer of title, or a portion
of a lot or parcel, if:
(1) The transfer does not involve a change in land use, or other legal
development or redevelopment with associated land disturbing activities;
and
(2) Both the grantor and grantee file a declaration of intent, as provided for in §
216-5 of this article.
J. Previously developed or improved areas absent of tree cover undergoing
redevelopment. Generally these are areas of existing impervious surface.
[Added 9-2-2014 by Ord. No. 768-14]