§ 33-6-103. SCOPE.

(a)

In general. Except as provided in subsection (b) of this section, this title applies to:

(1)

A person making application for a development, subdivision, project plan, building, grading, or erosion and sediment control approval on units of land 40,000 square feet or greater;

(2)

A public utility not exempt under subsection (b)(5), (6), (7), (8) or (9) of this section;

(3)

A unit of county government, including a public utility or public works project, making application for a development, subdivision, project plan, building, grading, or erosion and sediment control approval on areas 40,000 square feet or greater; and

(4)

Except as provided in subsection (b)(3) of this section, commercial logging or timber harvesting operations.

(b)

Exceptions. This title does not apply to:

(1)

Highway construction activities under § 5-103 of the Natural Resources Article of the Annotated Code of Maryland;

(2)

Areas governed by the Chesapeake Bay Critical Area protection program, Title 8, Subtitle 18 of the Natural Resources Article of the Annotated Code of Maryland;

(3)

Commercial logging or timber harvesting operations, including harvesting conducted subject to the forest conservation and management program under § 8-211 of the Tax-Property Article of the Annotated Code of Maryland, that are completed after July 1, 1991:

(i)

On property located within the urban-rural demarcation line and in accordance with a current forest conservation and management agreement or a forest management plan, either of which was accepted by the Department of Natural Resources before July 1, 1992, and which:

1.

Has not been the subject of application for a grading or building 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; or

(ii)

On property located beyond the urban-rural demarcation line and in accordance with a current forest conservation and management agreement, forest management plan, or forest stewardship resource conservation plan, any of which was approved by the Department of Natural Resources and the Department, and which:

1.

Has not been the subject of application for a grading or building 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;

(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 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 which includes:

(i)

A statement that the landowner or landowner's agent will practice agriculture on that portion of the property for 5 years after the date of the declaration; and

(ii)

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 the Public Utility Companies Article of the Annotated Code of Maryland or land for electric generating stations licensed under the Public Utility Companies Article of the Annotated Code of Maryland, if:

(i)

Required certificates of public convenience and necessity have been issued in accordance with § 5-1603(f) of the Natural Resources Article of the Annotated Code of Maryland; and

(ii)

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 the Public Utility Companies Article of the Annotated Code of Maryland;

(7)

Except for a public utility subject to paragraph (6) of this subsection, routine maintenance or emergency repairs of a public utility right-of-way if:

(i)

The right-of-way existed before January 19, 1993; or

(ii)

The initial construction of the right-of-way was approved under this title;

(8)

The construction of a public utility or highway within a utility right-of-way or highway right-of-way if:

(i)

The right-of-way existed before January 19, 1993; and

(ii)

A forest does not exist within the right-of-way;

(9)

Activities, including construction, of a linear nature conducted by a public utility on more than one lot if the activity:

(i)

Is not within the boundaries of a proposed development;

(ii)

Does not result in the cumulative cutting, clearing, or grading of more than 40,000 square feet of forest; and

(iii)

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 title;

(10)

Any forest clearing activity conducted on a single lot of any size if the lot existed before January 1, 1993 and if the activity:

(i)

Does not result in the cumulative cutting, clearing, or grading of more than 40,000 square feet of forest;

(ii)

Does not result in the cutting, clearing, or grading of a forest that is subject to the requirements of a forest conservation plan approved under this title; and

(iii)

Is the subject of a declaration of intent stating that the lot will not be the subject of a regulated activity within 5 years after the cutting, clearing, or grading of forest;

(11)

Strip or deep mining of coal regulated under Title 15 of the Environment Article of the Annotated Code of Maryland;

(12)

Noncoal surface mining regulated under Title 15 of the Environment Article of the Annotated Code of Maryland;

(13)

An activity required for the purpose of constructing a dwelling house intended for the use of the owner, or a child or a grandchild of the owner, if the activity:

(i)

Does not result in the cutting, clearing, or grading of more than 40,000 square feet of forest; and

(ii)

Is the subject of a declaration of intent stating that transfer of ownership may result in a loss of exemption;

(14)

(i)

Development under a valid CRG approved before July 1, 1991 under Article 32 of the Code; or

(ii)

A valid final development plan approved before January 1, 1993 under the Baltimore County Zoning Regulations for a CRG approved between July 1, 1991 and December 31, 1992;

(15)

Development under a valid CRG approved before January 1, 1993 for a commercial or industrial CRG, in accordance with Article 32 of the Code;

(16)

Development under a valid development plan, in accordance with Article 32 of the Code which was accepted for filing before January 1, 1993;

(17)

Development under a valid 3-lot or less subdivision plan approved before January 1, 1993;

(18)

Grading and sediment control activities under a valid, unexpired grading plan, erosion and sediment control plan, or grading permit approved by the county before January 1, 1993; grading and sediment control activities for development projects must be in accordance with all appropriate state and county laws, rules, and regulations;

(19)

Development under a valid Planned Unit Development that, before January 1, 1993, has:

(i)

Met all requirements for Planned Unit Development approval; and

(ii)

Obtained initial development plan approval by the county;

(20)

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:

(i)

The transfer does not involve a change in land use, or new development or redevelopment, with associated land disturbing activities; and

(ii)

Both the grantor and grantee file a declaration of intent;

(21)

A county capital improvement project for which the preliminary site design plan has been completed before January 1, 1993; and

(22)

A county capital improvement project that:

(i)

Does not result in the cumulative cutting, clearing, or grading of more than 40,000 square feet of forest; and

(ii)

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 title.

(1988 Code, § 14-403) (Bill No. 224, 1992, § 1, 1-19-1993; Bill No. 94-02, § 2, 7-1-2004)