The provisions of this Division shall constitute and be known as the "Agricultural Ordinance of Prince George's County, Maryland." The purpose of this Division is to provide for the management of agricultural land so that nonpoint source pollution resulting from agricultural activities is minimized and natural habitats are conserved. All development and utilization of property located in a Chesapeake Bay Critical Area Overlay Zone shall be in accordance with this Division with regard to agricultural practices and Division 2; and, where appropriate, in accordance with an approved Conservation Plan and Conservation Agreement.

General Policies. This section provides for the management of agricultural land so that non-point source pollution resulting from agricultural activities is minimized and natural habitats are conserved. All of the following policies shall be followed with regard to agriculture in the Critical Area: 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: By diking, draining or filling of any class or subclass of wetlands, as described in the COMAR 27.01.09.02 and in this Subtitle, which have seasonally flooded or wetter than seasonably flooded water regime, unless mitigation is accomplished as provided by COMAR 27.01.09.02; 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%); By clearing existing vegetation in a Buffer established landward from the Mean High Tide Line of tidal waters, tributary streams and tidal wetlands; or If the clearing adversely affects water quality or will destroy plant or wildlife habitat. 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.

Effective May 13, 1991, each owner of agricultural land in a Chesapeake Bay Critical Area Overlay Zone is required to have in place and be implementing a Soil Conservation and Water Quality Plan approved by the Prince George's Soil Conservation District. The Prince George's Soil Conservation District shall review and renew Plans at a maximum of five (5) year intervals. The Soil Conservation and Water Quality Plans shall: 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. Until such time as a Soil Conservation and Water Quality Plan is implemented to the satisfaction of the Department of Public Works and Transportation and the Soil Conservation District, existing farms in the Chesapeake Bay Critical Area Overlay Zones are required to: 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: 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%). Further, farmers shall use the following practices: Cover crops shall be planted to reduce erosion. Nutrients shall be applied at the appropriate time and appropriate methods shall be used. Reduced tillage (e.g. Ano-till) practices shall be utilized where practical. Crop rotations shall be implemented. The Prince George's Soil Conservation District shall provide documentation and periodic updates of approved Soil Conservation and Water Quality Plans in the Chesapeake Bay Critical Area Overlay Zones to the Director of the Department of Public Works and Transportation. Agricultural activities in the Buffer. Agricultural activities are permitted in the Buffer, if, as a minimum best management practice, a twenty-five (25) foot vegetated filter strip measured landward from the Mean High Tide Line of tidal waters or tributary streams, or from the edge of tidal wetlands, whichever is further inland, is established and further provided that: 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. When agricultural uses in the Buffer area cease and a new use is proposed, the Buffer shall be established in forest vegetation. The Buffer shall be established landward from the mean high water line of tidal waters, the edge of tributary streams, and the edge of wetlands. In establishing the Buffer, management measures shall be undertaken to provide forest vegetation that assures the Buffer functions set forth in that section of the Subtitle.

Until such time as a Soil Conservation and Water Quality Plan is implemented to the satisfaction of the Department of Permitting, Inspections, and Enforcement, existing farms in the Chesapeake Bay Critical Area Overlay Zones are required to 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: 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%).

In a Chesapeake Bay Critical Area Overlay Zone, new farmland may not be created: 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. The prohibitions contained in this Subdivision shall be included on every Soil Conservation and Water Quality Plan filed.