This chapter does not apply to:
(A) Construction activities under Md. Code Ann., Natural Resources Article, § 5-103 (highway construction);
(B) Commercial logging and timber harvesting operations, including harvesting conducted subject to the forest conservation and management program under Md. Code Ann., Tax-Property Article, § 8-211, on land that:
(1) Will not be the subject of application for a subdivision, site plan, or grading or sediment and erosion control permit for development within 5 years after the logging or harvesting operation; and
(2) Is the subject of a declaration of intent approved by the Department on a form approved by the Department;
(C) Agricultural activities not resulting in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices; however, a person engaging in an agricultural activity clearing 40,000 square feet or more of forest within a 1 year period, who wishes to receive an agricultural exemption, shall file a declaration of intent with the Department that shall include:
(1) A statement that the landowner, their agent, successors or assigns will practice agriculture on that tract for 5 years from the date of the declaration; and
(2) A scaled sketch map or aerial photograph of the tract that shows the area to be cleared;
(D) The cutting or clearing of public utility rights-of-way or land for electric generating stations pursuant to Md. Code Ann., Public Utilities Article, §§ 7-204, 7-205, 7-207, and 7-208; provided that:
(1) Required certificates of public convenience and necessity have been issued in accordance with Md. Code Ann., Natural Resources Article, § 5-1603(F); and
(2) Cutting or clearing of the forest is conducted to minimize the loss of forest;
(E) Routine maintenance of public utility rights- of-way;
(F) Construction of a single-family house on a single lot of record as of December 31, 1992, of any size, if the activity:
(1) Does not result in the clearing or grading of 20,000 square feet or greater of forest;
(2) Does not result in the clearing or grading of a forest that is subject to the requirements of a previous forest conservation plan prepared under this chapter;
(3) Is the subject of a declaration of intent approved by the Department; provided however, if the lot has less than 20,000 square feet of forest, then the declaration of intent is not required; and
(4) Is not being done pursuant to a site plan or subdivision plat;
(G) Strip or deep mining of coal regulated under Md. Code Ann., Environment Article, Title 15, Subtitle 5 or 6;
(H) Noncoal surface mining regulated under Md. Code Ann., Environment Article, Title 15, Subtitle 8;
(I) Activities required for the purpose of constructing a dwelling unit intended for the use of the owner; or a child of the owner, in any zoning district if the activity:
(1) Does not result in the clearing or grading of more than 20,000 square feet of forest; and
(2) Is the subject of a declaration of intent approved by the Department;
(J) 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:
(1) The transfer does not involve a change in land use, or new development or redevelopment, with associated land-disturbing activities; and
(2) A declaration of intent is approved by the Department;
(K) Non-commercial selective cutting of individual trees or other plant material in order to reduce susceptibility to pests or disease, to eliminate dead, dying or hazardous trees, or to eliminate non- native, invasive plant species or to accomplish non- commercial timber stand improvement according to the prescriptions of a forest management plan prepared by a licensed forester.
(L) Any stream restoration project for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least 5 years with the affected property owner. The activity must meet the following criteria:
(1) Is designed to stabilize stream banks or enhance stream function or habitat located within an existing stream, waterway, or floodplain;
(2) Avoids and minimizes impacts to forests and provides for replanting on-site a number of trees that is equivalent to the number removed by the project;
(3) May be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the state or local government to achieve or maintain water quality standards; and
(4) Is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with proposed development activity.
(M) Maintenance or retrofitting of a stormwater management structure that may include clearing of vegetation or removal and trimming of trees, so long as 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.
(N) Previously developed areas covered by impervious surface and located in priority funding areas at the time of the application for subdivision plan, grading, or sediment control permit approval.
(Ord. 01-20-294, 9-25-2001; Ord. 07-25-465, 7-19-2007; Ord. 09-26-530, 9-29-2009; Ord. 13-18-646, 9-26-2013; Ord. 14-23-678, 11-13-2014)