§ 150.21  APPLICABILITY.
   (A)   Except as provided in division (B) of this section, this subchapter applies to:
      (1)   Any person who subdivides property;
      (2)   Any person who performs any other regulated activity which results in the cumulative disturbance of 40,000 square feet or greater, or any property on which such regulated activity is performed:
         (a)   On a site, property, or area where regulated activity crosses parcels, the activity on all of the parcels shall be considered in calculating areas of cumulative disturbance;
         (b)   Regulated activity that occurs at different times or in different sections shall increase the disturbance on the site, property, or area by the amount of the disturbance that occurs each time or in each section;
         (c)   When individual parcels within the site, property, or area are placed under different ownership, cumulative disturbance for regulated activity that occurs on that portion of the property under new ownership shall begin at zero; and
         (d)   Any person who subdivides or who attempts to subdivide any property which has been cut or cleared in accordance with an exemption under divisions (B)(3), (B)(4), and (B)(7) below less than seven years after the filing of the declaration of intent.
      (3)   An activity that results in the cumulative cutting, clearing, or grading of more than 20,000 square feet of forest, if that activity is related to one of the following:
         (a)   A residential construction activity conducted on an existing single lot of any size of record at the time of application;
         (b)   A linear project not otherwise exempted under this subchapter; or
         (c)   Land transfers by an owner of a working farm for the purpose of constructing a dwelling house intended for the use of a child of the owner.
   (B)   This subchapter does not apply to:
      (1)   A property on which a regulated activity is conducted which disturbs less than 40,000 square feet. For purposes of this subchapter, the amount of disturbance is calculated based on all regulated activity on the property after the effective date of this subchapter. If a property is subsequently subdivided, the cumulative effect is calculated;
      (2)   A highway construction activity that is subject to Md. Code, Natural Resources Article, § 5-103;
      (3)   Commercial logging and timber harvesting operations, including harvesting conducted subject to the Forest Conservation and Management Program under the Md. Code, Tax-Property Article, § 8-211, that are completed after July 1, 1991, that does not result in a clear-cut, provided that the property has not been the subject of application for a grading permit for development within seven years after the logging or harvesting operation; and:
         (a)   The property is the subject of a declaration of intent as provided for in § 150.22, approved by the county;
         (b)   The property is the subject of a forest management plan developed for the entire tract prepared by a state licensed forester;
         (c)   The property is the subject of a timber harvest plan prepared by a state licensed forester that outlines estimated residual basal area and utilizes forest harvest best management practices that encourage the growth of forest resources; or
         (d)   The property consists of less than five acres of contiguous forest and the property owner certifies that post-harvest conditions on the property exhibit a residual basal area of 70 square feet per acre or greater and meet the definition of a forest established in this subchapter with the specified species distribution of plants native to the region in accordance with the Technical Manual, in good health and capable of regeneration.
      (4)   Agricultural activities included in a total resource management plan. A person who is engaging in an agricultural activity clearing 25,000 square feet or greater of forest shall not receive an agricultural exemption unless the person files a declaration of intent as provided for in § 150.22, which includes:
         (a)   A statement that the landowner will practice agriculture on that portion of the property for seven years from the date of the declaration; and
         (b)   A survey or scaled drawing of the area to be cleared.
      (5)   The cutting or clearing of public utility rights-of-way or land for electric generating stations licensed pursuant to Md. Code, Public Utilities Article, provided that:
         (a)   Any required certificates of public convenience and necessity have been issued in accordance with Md. Code, Natural Resources Article, § 5-1603(f); and
         (b)   The cutting or clearing of the forest is conducted so as to minimize the loss of forest.
      (6)   Any routine maintenance of public utility rights-of-way or best management practices, existing or hereafter acquired;
      (7)   Any residential development activity conducted on an existing single lot of any size of record at the time of application, provided that the activity on the lot:
         (a)   Does not result in the cumulative cutting, clearing, or grading of more than 20,000 square feet of forest;
         (b)   Does not result in the cutting, clearing, or grading of any forest that is subject to the requirements of a previous forest conservation plan approved under this subchapter; and
         (c)   The activity is the subject of a declaration of intent filed with the county, as provided for in § 150.22, stating that the lot will not be the subject of a regulated activity within seven years of the cutting, clearing, or grading of forest.
      (8)   Any strip or deep mining of coal regulated under Md. Code, Environment Article, Title 15, Subtitles 5 or 6;
      (9)   Any noncoal surface mining regulated under Md. Code, Environment Article, Title 15, Subtitle 8;
      (10)   Minor plat amendments, including lot line reconfiguration, that do not create any additional lots;
      (11)   A division of land authorized by Chapter 155, Development and Subdivision of Land, as an off conveyance, remainder, or hangover parcel. Grading or disturbance conducted on such off conveyance lot or hangover parcel, as defined in Chapter 155, shall not be exempt under any other provision of this subchapter. Grading or disturbance conducted on such off conveyance, remainder, or hangover parcel, as defined in Chapter 155, that does not disturb more than 40,000 square feet is exempt;
      (12)   Clear-cut logging, for any purpose, provided that:
         (a)   The property has not been the subject of application for a grading permit for development for seven years after the logging occurs; and
         (b)   The property is the subject of a declaration of intent as provided for in § 150.22, approved by the county.
      (13)   Any otherwise regulated activity that is the result of a federal or state regulatory order intended to force corrective action, or that may be a result of the inaction of an activity under the voluntary compliance or brownfields redevelopment programs;
      (14)   Land transfers by an owner of a working farm for the purpose of constructing a dwelling house intended for the use of a child of the owner, if the activity:
         (a)   Does not result in the cumulative cutting, clearing, or grading of more than 20,000 square feet of forest; and
         (b)   Is the subject of a declaration of intent filed with the county, as provided in § 150.22, which states that transfer of ownership may result in loss of exemption.
      (15)   A linear project conducted by a public utility, a municipality, or by the county, provided that the activity:
         (a)   Does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; and
         (b)   Does not result in the cutting, clearing, or grading of any forest that is subject to the requirements of a previous forest conservation plan approved under this subchapter.
      (16)   Any preliminary plan of subdivision or any grading or sediment control plan approved before July 1, 1991;
      (17)   Any preliminary plan of subdivision or any grading or sediment control plan approved before July 1, 1991; or
      (18)   Any planned unit development that, by December 31, 1991, had:
         (a)   Met all requirements for planned unit development approval; and
         (b)   Obtained initial development plan approval by the Planning Commission.
(2004 Code, § 115-2)  (Ord. 98-4, passed 11-18-1998; Ord. 02-03, passed 3-14-2002; Ord. 03-04, passed 1-30-2003; Ord. 04-05, passed 4-1-2004; Ord. 07-08, passed 5-3-2007; Ord. 2010-03, passed 4-1-2010; Ord. 2011-03, passed 5-17-2011)