§ 33-6-104. DECLARATION OF INTENT.

(a)

Purpose. The purpose of the declaration of intent is to verify that the proposed activity is exempt from the provisions of this title.

(b)

Required. A person seeking an exemption under § 33-6-103(b)(3), (4), (10), (13) or (20) of this title shall file a declaration of intent with the Department.

(c)

Effective period. The declaration of intent is effective for 5 years.

(d)

Nonpreclusion. 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.

(e)

Regulated activity. If a regulated activity occurs on the area covered by the declaration of intent within 5 years after the effective date of the declaration of intent:

(1)

There shall be an immediate loss of exemption; or

(2)

There may be a noncompliance action taken by the Department, as appropriate, under this title.

(f)

Regulated activities authorized. An applicant may apply for a regulated activity on that area of the property not covered under the declaration of intent if the applicant complies with the requirements of this title.

(g)

Failure to file. The Department may require a person who fails to file a declaration of intent or who is found in noncompliance with a declaration of intent to:

(1)

Comply with the retention, afforestation, and reforestation requirements established in this title;

(2)

Pay a noncompliance fee of $1.20 per square foot of forest cut or cleared under the declaration of intent;

(3)

Be subject to other enforcement actions appropriate under this title; and

(4)

File a declaration of intent with the Department.

(h)

Consideration for enforcement. 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 was intentional and willful.

(1988 Code, § 14-404) (Bill No. 224, 1992, § 1, 1-19-1993; Bill No. 94-02, § 2, 7-1-2004)