Md. Code Regs. 08.19.01.05

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

Section 08.19.01.05 - Declaration of Intent

A. The purpose of the declaration of intent is to verify that the proposed activity is exempt under Natural Resources Article, §§ 5-103 and 5-1601 -5-1612, Annotated Code of Maryland, and this subtitle.

B. A person seeking an exemption under Regulation .04A(3), (4), (8), (11), and (15) shall file a declaration of intent with the approving authority.

C. The declaration of intent is effective for 5 years.

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

(1) There shall be an immediate loss of exemption; and

(2) There may be a noncompliance action taken by the Department or local authority, as appropriate, under this subtitle.

F. An applicant may apply for a regulated activity on that area of the property not covered under the declaration of intent if the requirements of this subtitle are satisfied.

G. The Department or local authority may require a person failing to file a declaration of intent or found in noncompliance with a declaration of intent to:

(1) Meet the requirements in this subtitle for a regulated activity;

(2) Pay a noncompliance fee of 30 cents per square foot of forest cut or cleared under the declaration of intent;

(3) Be subject to other enforcement actions appropriate under Natural Resources Article, §§ 5-1601 -5-1612, Annotated Code of Maryland, or this subtitle; or

(4) File a declaration of intent with the Department or local authority.

H. In its determination of appropriate enforcement action, the Department or local authority may consider whether failure to file a declaration of intent by a person required to file is a knowing violation of this subtitle.

I. A local program may substitute for the declaration of intent a procedure that assures that exempted activities do not circumvent the requirements of Natural Resources Article, §§ 5-1601 -5-1612, Annotated Code of Maryland, or this subtitle.

J. Commercial Logging and Timber Harvesting. The requirement for a declaration of intent may be satisfied by a forest management plan for the entire tract prepared by a forester licensed in Maryland according to Business Occupations and Professions Article, Title 7, Annotated Code of Maryland, which outlines management practices needed to meet the stated objectives for a minimum of 5 years.

K. Agricultural Activities or Commercial Logging and Timber Harvesting. A declaration of intent may be part of an amended sediment and erosion control plan which ensures that the activity meets the conditions for an exemption as stated in Regulation .04A(3) or (4) of this chapter.

Md. Code Regs. 08.19.01.05

Regulation .05J, K adopted effective July 1, 1996 (23:13 Md. R. 941)