Ch. 556

1994 LAWS OF MARYLAND

(1) Any construction activity that is subject to § 5-103 of this title;

(2) Any cutting or clearing of forest in areas governed by the Chesapeake
Bay Critical Area Protection Law (Title 8, Subtitle 18 of this article);

(3) Commercial logging and timber harvesting operations, including any
harvesting conducted under the forest conservation and management program under §
8-211 of the Tax - Property Article:

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

(ii) That were completed on or after July 1, 1991 on property that is
not the subject of an application for a grading permit for development within 5 years after
the logging or harvesting operation. However, after this 5-year period, the property shall
be subject to this subtitle;

(4) Any agricultural activity that does not result in. a change in land use
category, including agricultural support buildings and other related structures built using
accepted best management practices;

(5) The cutting or clearing of public utility rights of way or land for electric
generating stations licensed pursuant to §§ 54A and 54B or § 54 I of Article 78 of the
Code, provided that:

(i) Any required certificates of public convenience and necessity have
been issued in accordance with § 5-1603(f) of this subtitle; and

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

(6) Any routine maintenance of public utility rights of way;

(7) Any activity conducted on a single lot of any size provided that:

(i) The activity does not result in the cutting, clearing, or grading of
more than 40,000 square feet of forest; and

(ii) The activity on the lot will not result in the cutting, clearing, or
grading of any forest that is subject to the requirements of a previous forest conservation
plan prepared under this subtitle;

(8) Any strip or deep mining of coal regulated under Title 7, Subtitle, 5 or
5A of this article and any noncoal surface mining regulated under Title 7, Subtitle 6A of
this article;

(9) Any activity required for the purpose of constructing a dwelling house
intended for the use of the owner, or a child or grandchild of the owner, if the activity
does not result in the cutting, clearing, or grading of more than. 10,000 square feet of
forest; [and]

(10) A county that has and maintains 200,000 acres or more of its land area in
forest cover; AND

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