Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.01 - General › Section 08.19.01.04 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exemptions. The provisions of this subtitle do not apply to:
(1) Highway construction activities under Natural Resources Article, §
										5-103, Annotated Code of Maryland;
(2) Areas governed by the Chesapeake Bay Critical Area Protection Law, Natural Resources Article, §§
										8-1801 -8-1817, Annotated Code of Maryland, including those areas into which Critical Area forest protection measures have been extended under Natural Resources Article, §
										5-1602(c), Annotated Code of Maryland;
(3) Commercial logging and timber harvesting operations, including harvesting subject to the forest conservation and management program under Tax-Property Article, §8-211, Annotated Code of Maryland, that are completed on or after July 1, 1991, on property which:
(a) Has not been the subject of an application for a grading permit for development within 5 years after the logging or timber harvesting operation, and after which time the property shall be subject to this subtitle; and
(b) Is the subject of a declaration of intent as provided for in Regulation .05 of this chapter which includes a sketch map of the property showing the area to be harvested;
(4) 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, except that a person who is engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a 1-year period may not receive an agricultural exemption unless the person files a declaration of intent as provided for in Regulation .05 of this chapter which includes:
(a) A statement that the landowner or landowner's agent will practice agriculture on that portion of the property for 5 years from the date of the declaration; and
(b) A sketch map of the property, which shows the area to be cleared;
(5) The cutting or clearing of public utility rights-of-way licensed under Public Utilities Article, §§7-207 and 7-208 or 7-205, Annotated Code of Maryland, or land for electric generating stations licensed under Public Utilities Article, §§7-207 and 7-208 or 7-205, Annotated Code of Maryland, if:
(a) Required certificates of public convenience and necessity have been issued under Natural Resources Article, §
											5-1603(f), Annotated Code of Maryland; and
(b) Cutting or clearing of the forest is conducted to minimize the loss of forest;
(6) Routine maintenance or emergency repairs of public utility rights-of-way licensed under Public Utilities Article, §§7-207 and 7-208 or 7-205, Annotated Code of Maryland;
(7) Except for a public utility subject to §A(6) of this regulation, any routine maintenance or emergency repairs of a public utility right-of-way if:
(a) The right-of-way existed before the effective date of a State or local program; or
(b) The right-of-way's initial construction was approved under this subtitle;
(8) A residential construction activity that is conducted on an existing single lot of any size of record at the time of application, or a linear project not otherwise exempted under §A(5), (6), or (7) of this regulation, if 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 a forest that is subject to the requirements of a previous forest conservation plan approved under this subtitle; and
(c) Is the subject of a declaration of intent filed with the Department or local authority, as provided for in Regulation .05 of this chapter, stating that the lot will not be the subject of a regulated activity within 5 years of the cutting, clearing, or grading of forest;
(9) Strip mining or deep mining of coal regulated under Environment Article, Title 15, Subtitle 5 or 6, Annotated Code of Maryland;
(10) Noncoal surface mining regulated under Environment Article, Title 15, Subtitle 8, Annotated Code of Maryland;
(11) An activity required for the purpose of constructing a dwelling intended for the use of the owner, or a child of the owner, if the activity:
(a) Does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; and
(b) Is the subject of a declaration of intent, as provided for in Regulation .05 of this chapter, stating that the lot will not be the subject of further subdivision or a regulated activity within 5 years of the cutting, clearing, or grading of forest;
(12) A county that has and maintains 200,000 acres or more of its land area in forest cover and which has met the provisions of COMAR 08.19.02.01B or D, and a municipality within an exempt county that has assigned its obligations to the county under Natural Resources Article, §
										5-1603(a)(3), Annotated Code of Maryland, and COMAR 08.19.02.01C or D;
(13) A preliminary plan of subdivision or a grading or sediment control permit approved before July 1, 1991;
(14) A planned unit development that, by December 31, 1991, has:
(a) Met all local requirements for planned unit development approval; and
(b) Obtained initial development plan approval by the appropriate local planning or zoning authority;
(15) A real estate transfer to provide a security, leasehold, or other legal or equitable interest, including a transfer of title, in 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 Regulation .05 of this chapter;
(16) An activity on a previously developed area covered by impervious surface and located in the priority funding area;
(17) 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; or
(18) Stream restoration project, as described regulation .03 of this Chapter, 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 or owners.