PARRIS N. GLENDENING, Governor                             Ch. 630

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

5-1602.

(a)     Except as provided in subsection (b) of this section, this subtitle shall apply to
any public or private subdivision plan or application for a grading or sediment control
permit by any person, including a unit of State or local government on areas 40,000 square
feet or greater.

(b)     The provisions of this subtitle do not apply to:

(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;

- 3551 -