Md. Code Regs. 08.19.04.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.19.04.01 - Application

A. Development Activities. The following development projects or development activities on areas 40,000 square feet or greater shall be subject to this chapter's provisions:

(1) On or after July 1, 1992, any construction, grading, or sediment control activity, or subdivision or project plan by a:

(a) State agency, except for an activity regulated under Natural Resources Article, § 5-103, or

(b) Unit of county government, municipal corporation, or other political subdivision which uses State funds for that activity;

(2) On or after January 1, 1993, any construction, grading, or sediment control activity, or subdivision or project plan by a unit of a county government, municipal corporation, or other political subdivision which does not have a local program, even if State funds are not used for that activity;

(3) A person filing application for a subdivision, grading, or sediment control permit on areas of 40,000 square feet or greater, including public utility construction not exempt under COMAR 08.19.01.04A, after the dates provided for in §B of this regulation; and

(4) A project for which a local program requests State program review, if:

(a) The project has State-wide impact on significant forest resources; and

(b) The Department agrees to review the project.

B. Except as provided in COMAR 08.19.01.04D, on or after January 1, 1993, the local jurisdiction or other approving authority may not approve an application for subdivision, project plan, grading, or sediment control plan approval that is not accompanied by a forest stand delineation and a forest conservation plan approved by the Department in those jurisdictions without a local program in effect.

C. On or after July 1, 1992, the local jurisdiction or other approving authority may not approve a project plan, determined to be subject to the State program because of use of State funds, that is not accompanied by a forest stand delineation and a forest conservation plan approved by the Department.

D. The following procedure shall apply to a unit of government described in §A(1)(b) of this regulation:

(1) The subdivision or project plan or application for grading or sediment control permit or other construction plan shall be submitted to the local authority;

(2) The local authority shall notify the Department within 15 days of receipt of the project plan or application;

(3) Within 15 days of receipt of notice from the local authority, the Department shall:

(a) Determine whether the project has impact on significant forest resources; and

(b) Notify the local authority whether the project is subject to the State program;

(4) If the Department determines that the project is subject to the State program, the:

(a) Time limit for approval of the forest stand delineation and preliminary and final forest conservation plans shall begin when the Department receives the necessary documents from the local authority; and

(b) Local authority may not approve a subdivision plan or project plan or issue the grading or sediment control permit until the local authority receives notice from the Department that the standards and requirements of the State program have been satisfied; and

(5) If the Department determines the project need not be reviewed under the State program, the time limit for approval of the forest stand delineation and forest conservation plan under the local program begins when the local authority receives notice from the Department.

Md. Code Regs. 08.19.04.01

Regulation .01 amended effective November 2, 2009 (36:22 Md. R. 1723)
Regulation .01A amended effective March 14, 2005 (32:5 Md. R. 579)