Md. Code Regs. 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.
Notes
Regulation .01A amended effective March 14, 2005 (32:5 Md. R. 579)
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