§ 87-5. Declaration of intent.  


Latest version.
  • 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.