§ 55-5. Exemptions.

This Chapter does not apply to:

(a) any activity that is subject to Article II of Chapter 22A;

(b)any commercial logging or timber harvesting operation with an approved exemption under Article II of Chapter 22A;

(c)any tree nursery activity approved under Section 19-48;

(d) cutting or clearing trees in a public utility right-of-way for the construction or modification of electric generation facilities approved under the Maryland Code Public Utilities Article if:

(1) the person cutting or clearing the trees has obtained a certificate of public convenience and necessity required under Sections 7-207 and 7-208 of the Public Utilities Article; and

(2)the cutting or clearing of forest or tree canopy minimizes the loss of both;

(e) routine maintenance of a public utility right-of-way, and cutting or clearing any tree by a public utility as necessary to comply with applicable vegetation management requirements, to maintain, repair, replace, or upgrade any public utility transmission or distribution line, or for a new transmission or distribution line;

(f) any activity conducted by the County Parks Department;

(g) routine or emergency maintenance of an existing stormwater management facility, including an existing access road, if the person performing the maintenance obtained all required permits;

(h) any stream restoration project if the person performing the work obtained all necessary permits;

(i) cutting or clearing any tree by an existing airport currently operating with all applicable permits to comply with applicable provisions of any federal law or regulation governing the obstruction of navigable airspace;

(j) any public use airport’s obligation to pay fees under subsection 55-6(d);

(k) cutting or clearing any tree to comply with any applicable federal, state, or local law governing the safety of dams;

(l) any development activity permitted as a small land disturbing activity under Section 19-5B; or

(m) any non-coal surface mining conducted under applicable state law. (, § 1; 2020 L.M.C., ch. 6, §1.)

Editor’s note—2020 L.M.C., ch. 6, § 2, states: Effective Date. This Bill is effective on January 1, 2017 and applies to any fees paid on or after that date.