Except as otherwise expressly provided in this Chapter, this Chapter applies to:
(a) a person required by law to obtain an approval or amendment to a development plan, diagrammatic plan, project plan, floating zone plan, sketch plan, preliminary plan of subdivision, administrative subdivision, minor subdivision, or site plan;
(b) a person required by law to obtain approval of a special exception or a conditional use, or a sediment control permit on a tract of land 40,000 square feet or larger, and who is not otherwise required to obtain an approval under subsection (a);
(c) a person who performs any cutting or clearing, or any other land disturbing activity that would directly threaten the viability of, any champion tree, wherever located;
(d) a government entity subject to mandatory referral or a park development plan on a tract of land 40,000 square feet or larger which is not exempt under subsection 22A-5(f);
(e) highway construction not exempt under subsections 22A-5
(e) or (p); and
(f) a public utility not exempt under subsections 22A-5
(g), (o)(1) and (2), or (p).
Any person who expects to cut, clear, or grade more than 5000 square feet of forest or any champion tree, and who believes that the cutting, clearing, or grading is exempt under Section 22A-5, 22A-6, 22A-7, or 22A-8, must notify the Planning Director in writing before performing any cutting, clearing, or grading and seek confirmation from the Director that the cutting, clearing, or grading is in fact exempt from Article II. Failing to notify the Director as required by this Section, or performing any cutting, clearing, or grading before the Director confirms that an exemption applies, is a violation of this Chapter.
The Planning Director must notify the Department of Permitting Services if this Chapter would apply to any cutting, clearing, or grading of which the Department would otherwise not be notified. (1992 L.M.C., ch. 4, § 1;
2001 L.M.C., ch 19
, § 1; , § 1; , § 1; , § 1; , §1.)
Editor’s note—2001 L.M.C., ch. 19, § 2, reads as follows:
Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:
(a) a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or
(b) a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].
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