The Chesapeake Bay Critical Area (“CBCA”) Overlay District is designed to foster more sensitive, consistent, and uniform development and redevelopment activity along the City’s shoreline areas of the Chesapeake Bay and its tributaries, so as to minimize damage to water quality and natural or established habitats for the benefit of current and future generations.
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In this subtitle, the following terms have the meanings indicated.
“Buffer” means area that:based on conditions at the time of development, is immediately landward from mean high water of tidal waterways, the edge of a bank of a tributary stream, or the edge of a tidal wetland; and
exists, or may be established in, natural vegetation to protect a stream, tidal wetland, tidal waters or terrestrial environments from human disturbance.
“Buffer” includes:an area of at least 100-feet, even if that area was previously disturbed by human activity; and
any expansion for contiguous areas, including a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in <cite data-doc="Code of Maryland Regulations" data-path="26.23.01.01">COMAR 26.23.01.01</cite>.
“Critical Area” means all lands and waters defined in §8-1807 of the State Natural Resources Article.
“Critical Area” includes:all waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide;
all State and private wetlands designated under Title 16 of the State Environment Article;
all land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the State Environment Article; and
modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Critical Area Commission, as specified in § 8-1807 of the State Natural Resources Article.
“Critical Area Management Program” or “CAMP” means the Baltimore City Critical Area Management Program, as adopted by Resolution or Ordinance of the Mayor and City Council of Baltimore and approved by the Chesapeake Bay Critical Area Commission.
“Development” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="27.01.01.01|B.|(21)">COMAR 27.01.01.01B(21)</cite>.
“Development” includes any one or a combination of the following:construction, reconstruction, modification, expansion, or demolition of structures;
placement of fill;
dredging;
drilling;
mining;
grading;
paving;
land excavation;
land clearing;
land improvement; or
storage of materials.
“Disturb” means to alter or change land in any way.
“Disturb” includes any amount of clearing, grading, or construction activity.
“Disturb” does not include gardening or maintenance of an existing grass lawn.
“Non-water dependent project” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="27.01.13.01">COMAR 27.01.13.01</cite>.
“Non-water dependent structure” means a temporary or permanent structure or activity which, by reason of its intrinsic nature or operation, is not required to be located in or over State or private tidal wetlands.
“Significant development” means any development that would:disturb any land in the Buffer;
disturb 10,000 or more square feet of land in the Critical Area;
result in any disturbance, caused by use, development, or destruction of vegetation, to land in an area designated under the Critical Area Management Program as a “Designated Habitat Protection Area”; or
involve an expenditure for improvements to the property equal to or greater than 50% of the assessed value of the property, as recorded in the State Department of Assessment and Taxation’s database.
“Water-dependent facilities” means land uses or structures that:are associated with industrial, maritime, recreational, educational, or fisheries activities;
require a location within the Buffer near the shoreline; and
are dependent on the water by reason of the intrinsic nature of their operation.
“Water-dependent facilities” include:ports;
intake and outfall structures of power plants;
industries that withdraw water from surface waters regulated by this State, requiring a Water Appropriation and Use Permit from the Maryland Department of the Environment;
marinas and other boat-docking structures;
public beaches and water-oriented recreation areas; and
fisheries.
“Water-dependent facilities” does not include private piers that are installed and maintained by riparian landowners and are not part of a subdivision that provides community piers.
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The Chesapeake Bay Critical Area Act (State Natural Resources Article Title 8, Subtitle 18) requires the City to designate as its Critical Area an area that consists of, at a minimum:
all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide, and all State and private wetlands designated under Title 16 of the State Environment Article; and
all land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the State Environment Article.
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State law requires the City to designate “Development Areas” within the Chesapeake Bay Critical Area, based generally on existing development patterns and densities.
The 2 types of Development Areas specified in the Critical Area Management Program are:“Resource Conservation Areas, which include the subarea designated as “Shoreline Conservation Area”; and
“Intensely Developed Areas”, which comprise 2 subareas designated as:“Waterfront Industrial Areas”; and
“Waterfront Revitalization Areas.”
Development area boundaries exist as established on the Baltimore City CAMP Map as provided for under § 7-405(a) of this subtitle {“Boundaries delineated on Map”}.
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The boundaries of the Critical Area, the Buffer, and the Development Areas are delineated on the Baltimore City CAMP Map (2020 Edition), as published and maintained by the Baltimore City Department of Planning.
In addition to the requirements of Title 5, Subtitle 5 {“Legislative Authorizations”} of this Code, any amendment to the CAMP Map must be reviewed and approved by:the Planning Commission; and
the Chesapeake Bay Critical Area Commission.
With the approval of the Planning Commission and the Chesapeake Bay Critical Area Commission, the Department pf Planning may create, convert, or update the CAMP Map in a geographic database or other digital format that is capable of depicting the boundaries and designations in both electronic and printed forms.
The CAMP Map approved under this section:is legalized for purposes of the Zoning Code of Baltimore City; and
may be taken by all public officials and others as evidence of the boundaries and designations adopted under this subtitle and the Baltimore City Critical Area Management Program.
Any other representation of the Critical Area, Buffer, or Development Areas, regardless of the source of publication, are illustrative only and may not be used for determining any of the development requirements or restrictions required in this subtitle or by the Critical Area Management Program.
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The uses prohibited by this section are in addition to those prohibited by§ 1-218 {“Uses prohibited citywide”} of this Code.
Except as specified in subsection (d) of this section, the following uses are prohibited within the Critical Area:a non-water dependent structure, except as authorized under <cite data-doc="Md. Code" data-path="gnr|8-1808">State Natural Resources Article § 8-1808</cite>.4 {“Critical Area Protection Program: Nonwater-dependent projects”};
collection, storage, handling, or disposal of hazardous or toxic materials, as defined in <cite data-doc="Code of Maryland Regulations" data-path="11.07.01.01">COMAR 11.07.01.01</cite>;
industrial landfills;
liquefied natural gas and petroleum gas terminals;
maintenance, dismantling, or storage of abandoned, unlicensed, junked, or derelict vehicles or vehicle parts;
non-water dependent uses on barges in tidal waters, except maritime museums;
non-water dependent uses on permanently moored vessels in the Inner Harbor Basin, except maritime museums;
recycling collection stations;
solid waste acceptance facilities, as defined in City Code <cite data-doc="City of Balt., Md., Ord. 24-322" data-path="|23">Article 23</cite>, except for facilities approved as a conditional use under this subtitle; and
storage and handling of radioactive waste.
Except as specified in subsection (d) of this section, the following additional uses are prohibited within the Buffer:cement plants;
chemical plants;
sand or gravel extraction operations; and
storage facilities for nutrients – that is, elements or compounds essential as raw material for organic growth and development (for example, carbon, nitrogen, and phosphorus).
The prohibitions in subsections (b) and (c) of this section do not apply if the following standards are met:on recommendation of the Department of Planning, the Board of Municipal and Zoning Appeals finds both that:there is no environmentally acceptable alternative outside the Critical Area; and
the use is needed to correct an existing water quality or wastewater management problem; and
for any new use that constitutes a significant development or for any expansion of a nonconforming use, a best management practices plan that will achieve a net improvement in water quality and habitat is submitted and implemented as a requirement of the Critical Area review process.
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Non-public water-dependent facilities are prohibited in Resource Conservation Areas.
In a Resource Conservation Area outside the Buffer, permitted and accessory uses are:open space;
public recreation;
natural parks;
pedestrian easements;
bike paths; and
cultural and historical sites.
In a Resource Conservation Area within the Buffer, permitted and accessory uses are areas for passive recreation, such as nature study and education, but service facilities for these areas must be located outside of the Buffer.
In a Resource Conservation Area outside the Buffer, conditional uses are public facilities.
In a Resource Conservation Area within the Buffer, conditional uses are public water-dependent facilities.
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In a Waterfront Revitalization Area outside the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of <cite data-path="|32|§7-406">§ 7-406 {“Prohibited uses”} of this subtitle</cite>.
In a Waterfront Revitalization subarea designated a Shoreline Conservation Area, no new bulkheads are allowed within 30 feet from the mean high water line.
In a Waterfront Revitalization Area within the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited Uses”} and <cite data-path="|32|§7-410">§ 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle</cite>.
In a Waterfront Revitalization Area outside the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of <cite data-path="|32|§7-406">§ 7-406 {“Prohibited uses”} of this subtitle</cite>.
In a Waterfront Revitalization Area within the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited uses”} and <cite data-path="|32|§7-410">§ 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle</cite>.
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In a Waterfront Industrial Area outside the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of <cite data-path="|32|§7-406">§ 7-406 {“Prohibited uses”} of this subtitle</cite>.
In a Waterfront Industrial Area within the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited Uses”} and <cite data-path="|32|§7-410">§ 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle</cite>.
In a Waterfront Industrial Area outside the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of <cite data-path="|32|§7-406">§ 7-406 {“Prohibited uses”} of this subtitle</cite>.
Solid-waste acceptance facilities of the following types require conditional-use approval: waste-to-energy facilities, indoor-operated transfer facilities, and indoor-operated composting facilities, such as “in-vessel” composting facilities. If the use entails any significant development, the Board of Municipal and Zoning Appeals must find, as a condition of its approval, that a best management practices plan that will achieve a net improvement in water quality and habitat is submitted and implemented as a requirement of the Critical Area review process.
In a Waterfront Industrial Area within the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited Uses”} and <cite data-path="|32|§7-410">§ 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle</cite>.
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In Intensely Developed Areas, water-dependent facilities are allowed in the Buffer only if all of the following standards are met:
the use and project meet a recognized private right or public need;
adverse effects on water quality and on fish, plant, and wildlife habitats are minimized and equivalent offsets have been made;
to the extent possible, all associated non-water-dependent uses and structures are located outside the Buffer; and
the facilities meet the requirements of the Critical Area Management Program, the Critical Area Development Manual, and the State law and regulations governing the Critical Area.
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Notwithstanding any other provision to the contrary, every significant development of public utilities or governmental services within the Critical Area is subject to the special requirements and restrictions of the Critical Area Management Program.
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Any use in the Critical Area Overlay District that is discontinued for 12 consecutive months:
is considered abandoned; and
may not be reestablished in the Critical Area unless, on recommendation of the Department of Planning, the Board of Municipal and Zoning Appeals finds that the use complies with the Critical Area Management Program.
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Properties in the Critical Area Overlay District are subject to:
the bulk and yard regulations in the underlying zoning district; and
to the extent that they are more restrictive, the lot coverage limitations imposed by the Critical Area Management Program.
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In addition to the general requirements of this Code governing variances and conditional uses, a variance or conditional use in the Critical Area is subject to the standards and procedures of:State Natural Resources Article Title 8, Subtitle 18;
COMAR Title 27;
the Critical Area Management Program; and
this section.
No conditional use or variance may be granted to authorize a then-existing violation except as authorized in <cite data-doc="Md. Code" data-path="gnr|8-1808">State Natural Resources Article § 8-1808 </cite>{“Critical Area Protection Program: Program development...”}.
In considering an application for a conditional use or variance, the Planning Department and the Board of Municipal and Zoning Appeals must presume that the specific development activity for which a conditional use or variance is required does not conform with the general purpose and intent of State Natural Resources Article, Title 8, Subtitle 18, the general purpose and intent of COMAR Title 27, or the requirements of the Critical Area Management Program.
If the request for a conditional use or variance is based on conditions or circumstances that are the result of actions by the applicant, including the commencement of development activity before an application is filed, the Board of Municipal and Zoning Appeals may consider that fact.
An applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established by paragraph (1) of this subsection.
The Board of Municipal and Zoning Appeals must make written findings as to whether, based on competent and substantial evidence, the applicant has overcome this presumption.
With due regard for the person’s experience, technical competence, and specialized knowledge, the findings may be based on evidence introduced and testimony presented by either:the applicant.
the City or any other government agency; and
any other person considered appropriate by the Board of Municipal and Zoning Appeals.
The Board of Municipal and Zoning Appeals must furnish copies of all applications for a conditional use or variance to the Planning Department and the Chesapeake Bay Critical Area Commission.
The Planning Department must find both that:special conditions or circumstances exist that are peculiar to the land or structure for which the application is made; and
a literal enforcement of the requirements of the Critical Area Management Program would result in the applicant’s being denied reasonable and significant use of the entire parcel or lot for which the conditional use or variance is requested.
In addition, the Board of Municipal and Zoning Appeals must find that all of the following standards are met:a literal interpretation of the Critical Area Management Program, the State Chesapeake Bay Critical Area law, or related regulations will deprive the applicant of rights commonly enjoyed by other properties in similar areas within the Critical Area;
the granting of a conditional use or variance will not confer on the applicant any special privilege that would be denied under the Critical Area Management Program, the Chesapeake Bay Critical Area law, or related regulations to other lands or structures within the Critical Area;
the granting of a conditional use or variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitats within either the Critical Area or any other protected part of the State Chesapeake Bay Critical Area within a neighboring jurisdiction;
the granting of a conditional use or variance will be in harmony with the general spirit and intent of the Critical Area Management Program, the State Chesapeake Bay Critical Area law, and related regulations; and
the application for the conditional use or variance either:is not based on conditions or circumstances that are the result of the applicant’s own actions; or
does not arise from any condition that relates to a land or building use, whether nonconforming or otherwise allowed, on any neighboring property.
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This section is enacted by authority of <cite data-doc="Md. Code" data-path="gnr|8-1808">State Natural Resources Article § 8-1808(c)(1)(iii)</cite>14.
This section applies in addition to any other civil or criminal penalty authorized by State or City law.
Any person who violates a provision of this subtitle, of the Critical Area Management Program, or of any rule or regulation adopted under them, including any contractor, property owner, or other person who authorizes or who assists or participates in the violation, is subject to the imposition by the Zoning Administrator of a civil fine of up to $1,000 for each offense.
Each day that a violation continues is a separate offense.
In determining the amount of the penalty to be imposed under this section, the Zoning Administrator must consider the following:the gravity of the violation;
any willfulness or negligence involved in the violation;
the environmental impact of the violation; and
the cost of restoring and mitigating the damage to the resource affected by the violation, including the cost to the State or the City for performing, supervising, or rendering assistance to the restoration and mitigation.
The procedures for imposing the fine and for providing notice and an opportunity to be heard are as set forth in the Administrative Enforcement Procedures of the Critical Area Management Program.
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