§ 87-4. Exemptions.

This chapter does not apply to:

A. 

Highway construction activities under Natural Resources Article, § 5-103, Annotated Code of Maryland.

B. 

Areas governed by the Chesapeake Bay Critical Area Protection Law, Natural Resources Article, §§ 8-1801 through 8-1816, Annotated Code of Maryland.

C. 

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

(1) 

Before July 1, 1991; or

(2) 

After July 1, 1991 on property which:

(a) 

Has not been the subject of application for a grading permit for development within five years after the logging or harvesting operation; and

(b) 

Is the subject of a declaration of intent as provided for in § 87-5 of this article, approved by the Department.

D. 

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 one-year period, may not receive an agricultural exemption, unless the person files a declaration of intent as provided for in § 87-5 of this article which includes:

(1) 

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

(2) 

A sketch map of the property which shows the area to be cleared.

E. 

The cutting or clearing of public utility rights-of-way or land for electric generating stations licensed under the Public Utility Company Article, § 1-101 et seq., if:

[Amended 3-17-2009 by Ord. No. 2009-05]

(1) 

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

(2) 

Cutting or clearing of the forest is conducted to minimize the loss of forest.

F. 

Routine maintenance or emergency repairs of public utility rights-of-way licensed under the Public Utility Company Article, § 1-101 et seq., Annotated Code of Maryland.

[Amended 3-17-2009 by Ord. No. 2009-05]

G. 

Except for a public utility subject to Subsection F of this section, routine maintenance or emergency repairs of a public utility right-of-way if:

(1) 

The right-of-way existed before the effective date of this chapter; or

(2) 

The right-of-way's initial construction was approved under this chapter.

H. 

An activity conducted on an existing single lot of any size if the activity:

(1) 

Does not result in the cumulative cutting, clearing, or grading of more than 20,000 square feet of forest;

[Amended 2-6-2012 by Ord. No. 2012-01]

(2) 

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 chapter; and

(3) 

Is the subject of a declaration of intent filed with the Department, as provided for in § 87-5 of this article, stating that the lot will not be the subject of a regulated activity within five years of the cutting, clearing, or grading of forest.

I. 

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

[Amended 2-6-2012 by Ord. No. 2012-01]

(1) 

Does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; and

(2) 

Is the subject of a declaration of intent filed with the Department, as provided for in § 87-5 of this article, which states that transfer of ownership may result in a loss of exemption.

J. 

A preliminary plan of subdivision or a grading or sediment control plan approved before July 1, 1991.

K. 

A planned unit development that, by December 31, 1991, has:

(1) 

Met all requirements for planned unit development approval; and

(2) 

Obtained initial development plan approval by the Department.

L. 

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:

(1) 

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

(2) 

Both the grantor and grantee file a declaration of intent, as provided for in § 87-5 of this article.

M. 

A grading permit for landscaping or to correct drainage or slope problems.