(A) In general.
(1) The purpose of the declaration of intent is to verify that the proposed activity is exempt under Md. Code Ann., Natural Resources Article, §§ 5-103 and 5-1601 through 5-1612 and this chapter, and to bind the applicant to the conditions agreed therein.
(2) A person seeking an exemption under § 1-21-7(B), (C), (F), (I), or (L) of this chapter shall file a declaration of intent with the Department.
(3) The declaration of intent shall be approved by the Department and shall be effective for 5 years.
(B) Multiple exempted activities. The existence of a declaration of intent does not preclude another exempted activity on the property subject to a declaration of intent, if the activity:
(1) Does not conflict with the purpose of any existing declaration of intent; and
(2) Complies with the applicable requirements for an exempted activity.
(C) Violations. If a regulated activity on the area covered by the declaration of intent occurs within 5 years of the effective date of the declaration of intent:
(1) There shall be an immediate loss of exemption; and
(2) There may be a noncompliance action taken by the Department, as appropriate, under this chapter.
(D) Allowable regulated activities. An applicant may apply for a regulated activity on that area of the property not covered under the declaration of intent if the requirements of this chapter are satisfied.
(E) Required mitigations for violations. 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 and forestation requirements established in Articles III and IV of this chapter;
(2) Pay a noncompliance fee of up to $1 per square foot of forest cut or cleared contrary to the declaration of intent;
(3) Be subject to other enforcement actions appropriate under Md. Code Ann., Natural Resources Article, §§ 5-1601 through 5-1612 and this chapter; or
(4) File a declaration of intent with the Department.
(F) Knowing violations. 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.
(Ord. 01-20-294, 9-25-2001; Ord. 14-23-678, 11-13-2014)