(A) Except as provided in division (B) of this section, this chapter applies to:
(1) Regulated activity on areas 40,000 square feet or greater;
(2) For subdivision, "areas" refers to the total size of the newly created, buildable lot or lots;
(3) For timber harvesting, "areas" refers to the size of the area being harvested;
(4) For all other regulated activity, "areas" refers to the area of disturbance or limit of disturbance. If multiple regulated activities related to the same property occur within a one year period, cumulative disturbance shall be assessed;
(5) Regulated activity that results in the cutting, clearing, or grading of more than 20,000 square feet of forest. If multiple regulated activities related to the same property occur within a one year period, the cumulative cutting, clearing and grading of forest shall be assessed.
(B) Exemptions. This chapter does not apply to:
(1) Highway construction activities under Md. Code, Natural Resources Article, § 5-103.
(2) Commercial logging and timber harvesting operations, including harvesting conducted subject to the forest conservation and management program under Md. Code, Tax-Property Article, § 8-211, that does not result in a clear-cut, provided that the property:
(a) Has not been the subject of application for a grading permit for development within seven years after the logging or harvesting operation; and
(b) Is the subject of timber harvest plan prepared by a Maryland licensed forester and a declaration of intent as provided for in § 150.03 of the chapter, and approved by the county; or
(c) Is the subject of a forest management plan developed for the entire tract, prepared by a Maryland licensed forester, which outlines management practices needed to meet the stated objectives for a minimum of five years.
(3) Agricultural activities that disturb less than 20,000 square feet of forest. A person engaging in an agricultural activity clearing 20,000 square feet or greater of forest, within a one-year period, shall receive an agricultural exemption only if the activity is included in a resource management system plan and the person files a declaration of intent as provided for in § 150.03, 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 scaled drawing of the area to be cleared.
(4) The cutting or clearing of public utility rights-of-way licensed under Md. Code, Public Utility Companies, §§ 7-207 and 7-208 or 7-205, or land for electric generating stations licensed under Md. Code, Public Utility Companies, §§ 7-207 and 7-208 or 7-205, if:
(a) Required certificates of public convenience and necessity have been issued in accordance with Md. Code, Natural Resources Article, § 5-1603(f); and
(b) Cutting or clearing of the forest is conducted to minimize the loss of forest.
(5) Routine maintenance or emergency repairs of public utility rights-of-way licensed under Md. Code, Public Utility Companies, §§ 7-207 and 7-208 or 7-205.
(6) Except for a public utility subject to § 150.02(B)(5) of this chapter, routine maintenance or emergency repairs of a public utility right-of-way if:
(a) The right-of-way existed before the effective date of this chapter; or
(b) The right-of-way's initial construction was approved under this chapter.
(7) A residential construction activity, conducted on an existing single lot of any size, of record at the time of application, provided that the activity:
(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 chapter; and
(c) Is the subject of a declaration of intent filed with the county, as provided for in § 150.03, stating that the lot will not be the subject of another regulated activity within seven years of the cutting, clearing, or grading of forest. If the lot contains less than 20,000 square feet of forest or if no forest is being cleared, a declaration of intent is not required.
(8) Strip or deep mining of coal regulated under Md. Code, Environment Article, Title 15, Subtitles 5 or 6.
(9) Noncoal surface mining regulated under Md. Code, Environment Article, Title 15, Subtitle 8.
(10) Clear-cut logging, provided that:
(a) Silvicultural justification in the form of a forest management plan has been provided by a Maryland licensed forester and accepted by the county;
(b) The property has not been the subject of application for a grading permit for development for seven years after the logging occurs; and
(c) The property is the subject of a declaration of intent as provided for in § 150.03, approved by the county.
(11) 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.
(12) 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 § 150.03, which states that transfer of ownership may result in loss of exemption.
(13) 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 chapter.
(14) Subdivision in connection with a real estate transfer to provide a security, leasehold, or other legal or equitable interest, including a transfer of title, of a portion of a lot or parcel, if:
(a) The transfer does not involve a change in land use, or new development or redevelopment, with associated land disturbing activities; and
(b) Both the grantor and grantee file a declaration of intent, as provided for in § 150.03.
(15) Development occurring on a previously developed site, located in the priority funding area, and the proposed net tract area is at least 80% covered by existing, impervious surface.
(16) Maintenance or retrofitting of a storm water management structure that may include clearing of vegetation or removal or trimming of trees, if the maintenance or retrofitting is within the original limits of disturbance for construction of the existing structure, within any maintenance easement for access to the structure, or part of a Chesapeake Bay TMDL Watershed Implementation Plan (WIP).
(17) A stream restoration project, as defined in § 150.01 of this chapter, for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least five years with the affected property owner or owners.
(18) Regulated activity on a subdivision lot previously exempted from this chapter, provided that the subdivision was granted preliminary approval before the effective date of this chapter (December 8, 1992).
(19) Regulated activity on a subdivision lot previously exempted from this chapter, provided that the amount of forest clearing proposed does not exceed ilie amount of forest clearing shown on the previously approved exemption plan.
(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; Ord. 2022-11, passed 8-25-2022)