Sec. 22A-4. Applicability.
Montgomery County, Md., Code § 22A-4 (2026)
Sec. 22A-4. Applicability.LinkCopy Citation
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, expedited approval 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);
(f)
a public utility not exempt under subsections 22A-5(g), (o)(1) and (2), or (p); and
(g)
clearing or grading conducted on two or more platted contiguous lots:
(1)
that collectively total 40,000 square feet or larger;
(2)
that are graded at the same time; and
(3)
where sediment control is required.
Notwithstanding the above, any person who expects to cut, clear, or grade more than 5,000 square feet of forest or any champion tree must request an exemption under Section 22A-5 or must comply with the requirements of Article II. Any person who believes that cutting, clearing, or grading is exempt under Section 22A-5, 22A-6, or 22A-8 must receive confirmation from the Planning Director that the activity is in fact exempt from Article II. 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.
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].