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]
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 § 216-4 F, G and I of this article 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; and
(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 Department, 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 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 $0.30 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
E. 
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.
F. 
The declaration of intent is effective for five years.