§ 33-6-105. GENERAL REQUIREMENTS FOR REGULATED ACTIVITIES.

(a)

In general. Unless exempt under § 33-6-103(b) of this title, a person making application after January 19, 1993, for development or subdivision approval, project plan approval, a building permit, a grading permit, grading plan approval, or erosion and sediment control plan approval for an area of land of 40,000 square feet or greater shall:

(1)

Submit to the Department a forest stand delineation and a forest conservation plan for the lot or parcel on which the project is located; and

(2)

Use methods approved by the Department to protect retained forests and trees during timber harvesting, tree cutting, clearing, grading, and construction and to maintain forest conservation areas, including retained, afforested, and reforested areas, after project completion.

(b)

Waiver. If the Director finds that the size, scope, and nature of the proposed regulated activity does not justify strict compliance with this title and that a waiver would be within the scope, purpose, and intent of this title, the Director may grant a waiver to the forest stand delineation or the preliminary forest conservation plan.

(c)

Application of COMAR. If a county agency or person using state funds makes application to conduct a regulated activity, the provisions of COMAR 08.19.04.01 D through G apply.

(1988 Code, § 14-405) (Bill No. 224, 1992, § 1, 1-19-1993; Bill No. 94-02, § 2, 7-1-2004)