Md. Code Regs. 08.19.01.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 08.19.01.04 - Application

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.

B. Application. The provisions of this subtitle apply to:

(1) A unit of local government having planning and zoning authority, required to adopt a local program;

(2) Under COMAR 08.19.04, any construction, project plan, grading, or sediment control activity, except for an activity regulated under Natural Resources Article, § 5-103, Annotated Code of Maryland, on areas 40,000 square feet or greater by:

(a) A State agency, or

(b) A unit of county government, municipality, or other political subdivision, including a public utility or public works project;

(3) A person filing application for a subdivision, grading, or sediment control permit on areas of 40,000 square feet or greater, including public utility construction not exempt under §A of this regulation, after the dates provided for in §C of this regulation.

C. Except as provided in §D of this regulation, on or after January 1, 1993, or the effective date of a local program, whichever is earlier, the local jurisdiction or other approving authority may not approve an application for subdivision or grading or sediment control plan approval that is not accompanied by an approved forest conservation plan.

D. Effective Date.

(1) The absence of an approved forest conservation plan does not prevent a local jurisdiction or other approving authority from approving an application for final plat or equivalent approval, as this term is defined by the local jurisdiction and approved by the Department, if the application is:

(a) Filed before January 1, 1993, or the effective date of a local program, whichever is earlier; and

(b) Substantively complete for final determination under applicable criteria other than forest conservation requirements.

(2) For the purpose of §D(1) of this regulation, a local jurisdiction shall consider an application to be substantively complete even if an approval or permit from another government agency that is required as part of the application has not been obtained, if the local jurisdiction determines that the approval or permit is not available solely because of the inaction of the other government agency and not because the applicant has failed to use best efforts to obtain the approval or permit.

(3) A person who has obtained final plat or equivalent approval, or has filed an application that satisfies this section, before January 1, 1993, or the effective date of a local program, whichever is earlier, is not required to file a forest conservation plan with a subsequent application for sediment or grading plan approval for the tract to be developed according to the final plat or equivalent approval.

Md. Code Regs. 08.19.01.04

Regulation .04A amended effective July 1, 1996 (23:13 Md. R. 941); June 15, 1998 (25:12 Md. R. 945); August 20, 2001 (28:16 Md. R. 1481); November 2, 2009 (36:22 Md. R. 1723);41:2 Md. R. 90, eff. 2/3/2014