Division 1. Agricultural Land Management

Assure that agricultural lands are identified and that programs are established for the Critical Area to maintain, where appropriate, agricultural lands in agricultural use, to the greatest extent possible.

Recognize that agriculture is a protective land use that should be properly managed so that it minimizes its contribution to pollutant loadings to the Bay and its tributaries.

In a Chesapeake Bay Critical Area Overlay Zone, new farmland may not be created:

Drainage of non-tidal wetlands for the purpose of agriculture shall be done in accordance with a Soil Conservation and Water Quality Plan, approved by the County Soil Conservation District.

Best Management Practices (BMPs) for the control of nutrients, animal wastes, pesticides and sediment runoff shall be used to protect the productivity of the land base and enhance water quality. These practices shall minimize contamination of surface and groundwater and further, shall minimize adverse effects on plants, fish and wildlife resources.

Animal feeding operations, including retention and storage ponds, feed lot waste storage and manure storage shall minimize the contamination of water bodies.

Agricultural activity permitted within the Critical Area shall use (BMPs) in accordance with a Soil Conservation and Water Quality Plan approved by the County Soil Conservation District.

The definitions contained in Section 5B-106, Definitions, shall also apply to this Division.

The enforcement and penalties in Section 5B-109, Enforcement, shall also apply to this Division.

Require the implementation of a grassland and manure management program, where appropriate;

Require that farming activities, including the grazing of livestock, do not disturb stream banks, tidal shorelines, or other Habitat Protection Areas, as described in the Conservation Manual;

Prohibit the feeding or watering of livestock within fifty (50) feet of the Mean High Water Line of tidal water and tributary streams, or from the edge of tidal wetlands, whichever is further inland; and

Prohibit the clearing of existing natural vegetation in the Buffer; and

Prohibit the use, storage, or disposal of sludge within the Buffer.

Maintain a minimum twenty-five (25) foot vegetated filter strip landward from tidal waters, tidal wetlands and streams (excluding drainage ditches), or from the edge of tidal wetlands, whichever is further inland, and further provided that:

Further, farmers shall use the following practices:

The filter strip shall be composed of either trees with a dense ground cover or a thick sod of grass and shall be so managed as to provide water quality benefits and habitat protection consistent with the policies stated above. Noxious weeds, including Johnson grass, Canada thistle, and Multiflora rose, which occur in the filter strip, may be controlled by authorized means;

The filter strip shall be expanded by a distance of four (4) feet for every one percent (1%) of slope, for slopes greater than six percent (6%);

The twenty-five (25) foot vegetated filter shall be maintained until such time as the landowner is implementing, under an approved Soil Conservation and Water Quality Plan, a program of (BMPs) for the specific purposes of improving water quality and protecting plant and wildlife habitat; and provided that the portion of the Soil Conservation and Water Quality Plan implemented achieves the water quality and habitat protection objectives of the twenty-five (25) foot vegetated filter strip;

Clearing of existing vegetation in the Buffer is not allowed; and

Farming activities, including the grazing of livestock, shall not disturb stream banks, tidal shorelines or other Habitat Protection Areas as described in Subtitle 5B.

The filter strip shall be composed of either trees with a dense ground cover, or other appropriate vegetation, and shall be so managed as to provide water quality benefits and habitat protection. Noxious weeds, including Johnson grass, Canada thistle, and multiflora rose, which occur in the filter strip, may be controlled by authorized means; and

The filter strip shall be expanded by a distance of four (4) feet for every one percent (1%) of slope, for slopes greater than six percent (6%).

By diking, draining, or filling of any class or subclass of wetlands, as described in the Code of Maryland Regulations ("COMAR") 14.15.09.02 and in Subtitle 5B, which have a seasonally flooded or wetter than seasonably flooded water regime, unless mitigation is accomplished as provided by COMAR 14.15.09.02; or

By clearing of forests and woodland or soils with a slope of greater than fifteen percent (15%); or on soils with "K value" greater than thirty-five percent (35%) and a slope greater than five percent (5%); or

In the vegetated Buffer as defined in Section 5B-102(a)(4) existing (as of May 13, 1986) landward from the Mean High Water Line of tidal waters, tributary streams, and tidal wetlands; or

If the clearing adversely affects water quality or will destroy wildlife habitat, as defined in COMAR 14.15.09 and in the Environmental Technical Manual.