(a) In general. This subtitle applies to any public or private preliminary plan, site development plan, subdivision plan or application for a grading or sediment control permit by any person, including a unit of State government and the County, on areas 40,000 square feet or greater.
(b) Exceptions. This subtitle does not apply to:
(1) highway construction activity that is subject to the Natural Resources Article, § 5-103, of the State Code;
(2) cutting or clearing of forest in areas governed by the critical area overlay contained in Article 18, Title 13 of this Code;
(3) commercial logging and timber harvesting operations as provided in the Natural Resources Article, § 5-1602(b)(3), of the State Code;
(4) any agricultural activity that does not result in a change in a land use category, including agricultural support buildings and other related structures built using accepted best management practices;
(5) the cutting or clearing of public utility rights-of-way or land for electrical generating stations as provided in the Natural Resources Article, § 5-1602(b)(5), of the State Code;
(6) routine maintenance of public utility rights-of-way;
(7) development or a linear project if:
(i) it does not result in the cumulative cutting, clearing, or grading of more than 20,000 square feet of forest on contiguous lots under common ownership; and
(ii) it does not result in the cutting, clearing, or grading of any forest that is subject to the requirements of a previous forest conservation plan prepared under this subtitle;
(8) any strip or deep mining of coal regulated under the Environmental Article, Title 15, Subtitle 5 or 6, of the State Code, and any non-coal surface mining regulated under the Environmental Article, Title 15, Subtitle 8, of the State Code;
(9) the cutting or clearing of trees to comply with the requirements of 14 CFR 77.25 relating to objects affecting navigable airspace if the Federal Aviation Administration has determined that the trees are a hazard to aviation;
(10) a stream restoration project, as defined in the Natural Resources Article, § 5-1601, of the State Code, provided the applicant has a binding agreement with the owner to maintain the project for at least five years;
(11) maintenance or retrofitting of a stormwater management structure, including clearing of vegetation or removal and trimming of trees, provided the maintenance or retrofitting is within the original limits of disturbance for construction of the existing structure or within any maintenance easement for access to the structure; or
(12) previously developed areas covered by impervious surface and located in priority funding areas at the time of an application for approval of a subdivision plan or a grading or sediment control permit.
(c) Declaration of intent. A developer shall file a declaration of intent for the exceptions set forth in subsection (b)(3), (b)(4), and (b)(7); whenever a grading permit is required under Article 16, Title 2, of this Code; and to the extent required by State law.
(Bill No. 3-05; Bill No. 77-05; Bill No. 59-10; Bill No. 57-16; Bill No. 68-19)