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 27.01.09.01-3 - Buffer Management Plans

Universal Citation: MD Code Reg 27.01.09.01-3

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

A. The provisions of this regulation do not apply to maintenance of an existing grass lawn or an existing garden in the buffer.

B. A local jurisdiction shall require an applicant proposing a development activity to submit a buffer management plan if:

(1) The establishment of the buffer is required in accordance with Regulation .01-1 of this chapter; or

(2) Disturbance to the buffer will result from the issuance of an authorization, including a:
(a) Variance;

(b) Subdivision approval;

(c) Site plan approval;

(d) Local approval of a shoreline stabilization measure, as authorized by the Board of Public Works or the Department of the Environment;

(e) Building permit;

(f) Grading permit;

(g) Special exception; or

(h) Permit by a local health department for the installation, repair, or replacement of a septic system.

C. In accordance with the requirements under Regulations .01-1 and .01-2 of this chapter, a local jurisdiction shall require an applicant to submit a:

(1) Simplified buffer management plan;

(2) Minor buffer management plan; or

(3) Major buffer management plan.

D. A local jurisdiction may not approve a buffer management plan unless:

(1) The plan clearly indicates that all planting standards under Regulation .01-2 of this chapter will be met; and

(2) Appropriate measures are in place for the protection and maintenance of all buffer areas established under this regulation.

E. A local jurisdiction may not issue a permit for a development activity under Regulation .01-1 or .01-2 of this chapter unless the local jurisdiction has approved the buffer management plan submitted under §C of this regulation.

F. If an applicant fails to implement a buffer management plan, that failure shall constitute a violation of the local Critical Area program.

G. A local jurisdiction may not issue a permit or other approval of a development activity for a property that is the subject of a violation under §F of this regulation.

H. Simplified Buffer Management Plan.

(1) Before the performance of an activity under this section in the buffer, a local jurisdiction shall require the applicant to submit a simplified buffer management plan as part of the application associated with any of the following activities:
(a) Providing access up to 3 feet wide to a private pier or shoreline that is up to 3 feet wide;

(b) Manually removing invasive or noxious vegetation;

(c) Filling to maintain an existing grass lawn;

(d) Managing storm damage;

(e) Repairing or replacing a septic system; or

(f) Except for an emergency situation under §H(2)of this regulation, cutting up to five dead, diseased, dying, invasive, or hazardous trees.

(2) If cutting a tree in the buffer is immediately necessary because of an emergency situation, the applicant shall submit a simplified buffer management plan to the local jurisdiction at the earliest possible time after the tree has been cut.

(3) A simplified buffer management plan shall include:
(a) A brief narrative describing the proposed activity, including the anticipated start date and method to be used;

(b) The proposed mitigation;

(c) In the case of the removal of invasive or noxious species, the revegetation of the area in accordance with Regulation .01-2 B(1) and (3) of this chapter;

(d) The proposed planting date; and

(e) The signature of the party responsible for the proposed activity and for ensuring the survival of the planting.

I. Minor Buffer Management Plan.

(1) A local jurisdiction shall require an applicant to submit a minor buffer management plan for:
(a) Establishment of less than 5,000 square feet of the buffer for an application listed under Regulation .01-1 of this chapter; or

(b) A requested disturbance that requires less than 5,000 square feet of mitigation for an application listed under Regulation .01-2 of this chapter.

(2) A minor buffer management plan shall include:
(a) A plan that shows the proposed limit of disturbance, the total number and size of trees to be removed, if applicable, and the arrangement of the planting to be done;

(b) A landscape schedule that shows the proposed species type, the quantity of plants, the size of plants to be installed, and the planting date;

(c) A maintenance plan for the control of invasive species, pests, and predation that shows invasive species and pest control practices, the provision of at least 2 years of monitoring, and a reinforcement planting provision if survival rates fall below the standards in Regulation .01-2M and N of this chapter;

(d) An inspection agreement that grants permission to the local jurisdiction to inspect the plantings at appropriate times;

(e) If buffer establishment is required under Regulation .01-1 of this chapter, the information on which calculation of the amount of buffer to be planted was based;

(f) If buffer mitigation is required under Regulation .01-2 of this chapter, the information on which calculation of the amount of the buffer to be planted was based; and

(g) The signature of the party responsible for the proposed activity and for ensuring the survival of the planting.

J. Major Buffer Management Plan.

(1) A local jurisdiction shall require an applicant to submit a major buffer management plan for:
(a) Establishment of at least 5,000 square feet of the buffer for an application listed under Regulation .01-1 of this chapter; or

(b) A requested disturbance that requires at least 5,000 square feet of mitigation for an application listed under Regulation .01-2 of this chapter.

(2) A major buffer management plan shall include:
(a) A plan that shows the proposed limit of disturbance, the total number and size of trees to be removed, if applicable, and the arrangement of the planting to be done;

(b) A landscape schedule that shows the proposed species type, the quantity of plants, the size of plants to be installed, and the planting date;

(c) A maintenance plan for the control of invasive species, pests, and predation that shows invasive species and pest control practices, the provisions of at least 2 years of monitoring, and a reinforcement planting provision if survival rates fall below the standards in Regulation .01-2 M and N of this chapter;

(d) A long-term protection plan that includes evidence of financial assurance that adequately covers the planting and survivability requirement, a provision for at least 2 years of monitoring as required in Regulation .01-2 M and N of this chapter, and if planting, an anticipated planting date before construction or the sale of the lot;

(e) An inspection agreement that grants permission to the local jurisdiction to inspect the plantings at appropriate times;

(f) If buffer establishment is required under Regulation .01-1 of this chapter, the information on which calculation of the amount of buffer to be planted was based;

(g) If buffer mitigation is required under Regulation .01-2 of this chapter, the information on which calculation of the amount of the buffer to be planted was based; and

(h) The signature of the party responsible for the proposed activity and for the survival of the planting.

(3) For a major buffer management plan a single species may not exceed 20 percent of the total planting requirement.

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