§ 87-5. Declaration of intent.
Latest version.
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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 through 5-1612, Annotated Code of Maryland, and this chapter.B.A person seeking an exemption under § 87-4C, D, H, I, and L of this article shall file a declaration of intent with the Department.C.The declaration of intent is effective for five 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 five years of 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 chapter.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 chapter are satisfied.G.The Department may require a person failing to file a declaration of intent or found in noncompliance with a declaration of intent to:(1)Meet the retention, afforestation and reforestation requirements established in Article III of this chapter;(2)Pay a noncompliance fee of $0.30 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 through 5-1612, Annotated Code of Maryland, and this chapter; or(4)File a declaration of intent with the Department.H.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 is a knowing violation of this chapter.