§ 41-5. Scope of Division – Exemptions.

(a) Definitions.

(1) Commercial logging or timber harvesting operations.

"Commercial logging or timber harvesting operations" means those activities which result in the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.

(2) Timber harvesting.

(i) "Timber harvesting" means a tree-cutting operation affecting 1 or more acres of forest or developed woodland within a 1-year interval that disturbs 5,000 square feet or more of forest floor.

(ii) "Timber harvesting" does not include grubbing and clearing of root mass.

(b) Exempted activities.

This Division IV does not apply to:

(1) any highway construction activity that is subject to State Natural Resources Article § 5-103;

(2) commercial logging and timber harvesting operations, subject to the forest conservation and management program under State Tax-Property Article § 8-211:

(i) that were completed before July 1, 1991; or

(ii) were completed on or after July 1, 1991, on property which:

(A) is the subject of a declaration of intent signed by the land owner and approved by the Department of Public Works and the Maryland Department of Natural Resource's Project Forester's Office as provided in COMAR 08.19.01.05; and

(B) has not been the subject of an application for a grading permit for development within 5 years after a logging or timber harvesting operation, but after this 5-year period the property shall be subject to this Division IV;

(3) the cutting or clearing of public utility rights-of-way or land for electric generating stations regulated under State Public Utility Companies Article, Title 7, if:

(i) required certificates of public convenience and necessity have been issued in accordance with State Natural Resources Article § 5-1603(f); and

(ii) the cutting or clearing of the forest is conducted so as to minimize the loss of forest;

(4) routine maintenance or emergency repairs of public utility rights-of-way, if:

(i) the right-of-way existed before the effective date of the State or this program; or

(ii) the right-of-way's initial construction was approved under this Division IV;

(5) any noncoal surface mining regulated under Title 7, Subtitle 6A, of the State Natural Resources Article;

(6) any preliminary plan of subdivision or any grading or sediment control plan approved before July 1, 1991;

(7) areas covered by the Chesapeake Bay Critical Area Protection Law;

(8) a real estate transfer to provide a security, leasehold, or other legal or equitable interest, including a transfer of title, a portion of a lot or parcel, if:

(i) the transfer does not involve a change in land use or new development or development, with associated land disturbing activities; and

(ii) both the grantor and grantee file a declaration of intent;

(9) any activity conducted on a single lot of any size provided that the activity:

(i) does not result in the cumulative cutting or clearing of 5,000 square feet or greater of forest; and

(ii) does not include an application for a grading or building permit for disturbance of 5,000 square feet or greater; or

(10) an activity required for the purpose of constructing a dwelling house intended for the use of the owner, or a child or a grandchild of the owner, if the activity:

(i) does not result in the cumulative cutting or clearing of 20,000 square feet or greater of forest;

(ii) does not include an application for a grading or sediment and erosion control permit of 20,000 square feet or greater; and

(iii) is the subject of a declaration of intent filed with the Department pursuant to § 42-7 of this Division IV.