Code of Maryland Regulations
Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS
Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT
Chapter 27.01.09 - Habitat Protection Areas in the Critical Area
Section 27.01.09.01-1 - Buffer Establishment

Universal Citation: MD Code Reg 27.01.09.01-1

Current through Register Vol. 51, No. 19, September 20, 2024

A. Applicability.

(1) The requirements of this regulation are applicable to:
(a) A development or redevelopment activity that occurs on a lot or parcel that includes a buffer to tidal waters, a tidal wetland, or a tributary stream if that development or redevelopment activity is located outside the buffer; and

(b) The approval of a subdivision that includes a buffer to tidal waters, a tidal wetland, or a tributary stream.

(2) If an applicant for a subdivision of a lot under §A(1)(b)of this regulation uses or leases the lot for an agricultural purpose, the applicant:
(a) In accordance with local land recordation requirements, shall record an approved buffer management plan under Regulation .01-3 of this chapter; and

(b) If authorized by the local jurisdiction, may delay implementation of the buffer management plan until the use of the lot is converted to a nonagricultural purpose.

(3) The requirements of this regulation are not applicable to an in-kind replacement of a structure.

B. A local jurisdiction shall require an applicant to establish the buffer in vegetation in accordance with §C of this regulation and Regulation .01-2 of this chapter and to provide a buffer management plan under Regulation .01-3 of this chapter when an applicant applies for:

(1) Approval of a subdivision;

(2) Conversion from one land use to another land use on a lot or a parcel; or

(3) Development on a lot or a parcel created before January 1, 2010.

C. When the buffer is not fully forested or is not fully established in existing, naturally occurring woody or wetland vegetation, an applicant shall establish the buffer to the extent required in the following table:

Development Category Lot Created Before Local Program Adoption Lot Created After Local Program Adoption
Development on a vacant lot Establish the buffer based on total square footage of lot coverage outside the buffer Fully establish the buffer
Subdivision Fully establish the buffer
New lot with an existing dwelling unit Establish the buffer based on total square footage of lot coverage outside the buffer
Conversion of a land use on a parcel or lot to another land use Fully establish the buffer
Addition, accessory structure, or redevelopment Establish the buffer based on net square footage increase in lot coverage outside the buffer
Substantial alteration Establish the buffer based on total square footage of lot coverage outside the buffer

D. A local jurisdiction may authorize an applicant to deduct from the total establishment requirement an area of lot coverage removed from the buffer if:

(1)The lot coverage existed before the date of local program adoption or was allowed by local procedures; and

(2) The total area is stabilized.

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