Applicability. For the purpose of this Subtitle, the following terms, phrases, and words and their derivations shall have the meaning given herein: Abatement. The act of putting an end to a land alteration, development activity, or other action cited as a violation under this Subdivision. Abatement includes the act of reducing the degree or intensity of the alteration, activity, or action. Afforestation. The establishment of a biological community of perpetual woodlands either through the planting of trees on an area from which trees have always or very long been absent, or the planting of open areas which are not presently in forest cover. Agricultural easement. A non-possessory interest in land that restricts the conversion of use of the land, preventing non-agricultural uses. Agricultural Land. Those lands which are assessed agricultural for tax purposes. Agriculture. All methods of production and management of livestock, crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry, and handling their by-products. Andromous fish. Fish that travel upstream from their primary habitat in the ocean to freshwater in order to spawn. Andromous fish propagation waters. Those streams that are tributaries to the Chesapeake Bay where spawning of andromous species of fish (e.g., rockfish, yellow perch, white perch, shad, and river herring) occurs or has occurred. Aquaculture. Farming or culturing of finfish, shellfish, other aquatic plants or animals or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments. Activities include hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas. Cultivation methods include, but are not limited to, seed or larvae development and grow-out facilities, fish pens, shellfish rafts, racks and loglines, seaweed floats and the culture of clams and oysters on tidelands and sub tidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aqua cultural practices. Best Management Practices (BMPs). Those conservation practices or systems of practices and management measures that control soil and nutrient loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment, including, but not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures. Bona fide Intra-family Transfer. A transfer to a member of the owner's immediate family of a portion of the owner's property for the purpose of establishing a residence for that family member. See "immediate family." Breeding bird areas. Wooded areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques. Chesapeake Bay Critical Area or Critical Area (CBCA). All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. This includes: (a) all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide, and State and private wetlands designated under Title 16 of the Environment Article; (b) all land and water within one thousand (1,000) feet beyond the resources identified in (a); and (c) Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. Clear cutting. Removal of the entire stand of trees in one cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut from advanced regeneration or stump sprouts or from planting of seeds or seedlings by man. Clearing. The removal of trees, understory trees, saplings, shrubs or herbaceous plants even if the stumps or root systems remain intact. Clearing includes using a mechanical device to remove vegetation (e.g. bush hogging). Horticultural practices necessary to maintain the health of individual trees are not restricted, but must be approved if associated with any disturbance in the buffer. Colonial nesting water birds. Herons, egrets, terns, and glossy ibis. For the purposes of nesting, these birds congregate (that is "colonize") in relatively few areas, at which time, the regional populations of these species are highly susceptible to local disturbances. Commercial logging. See "timber harvesting." Commission. Critical Area Commission for the Chesapeake and Atlantic Coastal Bays. Community piers. Boat docking facilities associated with subdivisions or similar residential areas, and with condominium, apartment and other multiple family dwelling units. Private piers are excluded from this definition. Conservation Agreement. A formal agreement which commits a grading or building permit applicant to the execution of various approved elements of an approved conservation plan, planting plan or buffer management plan, including a stormwater management concept plan, an erosion and sedimentation concept plan, a vegetation management plan, and other plans which may be required by the Department of Permitting, Inspections, and Enforcement or the Prince George's County Planning Board. Conservation Agreements shall be recorded in the land records prior to permit issuance. Conservation Easement. A recorded easement established for the protection of sensitive resources within the Critical Area. Conservation Plan. A plan developed in accordance with this Subtitle and the applicable provisions of Subtitles 24 and 27 which demonstrates how a project has been designed to meet the specific Chesapeake Bay Critical Area criteria. The Conservation Plan consists of a stormwater management concept plan, an erosion and sedimentation concept plan, a vegetation management plan, and such other plans relating to environmental systems as may be required by the Washington Suburban Sanitary Commission, the Maryland-National Capital Park and Planning Commission, the Prince George's County Health Department, the Prince George's County Department of Public Works and Transportation, the Prince George's County Department of Permitting, Inspections, and Enforcement, or the Prince George's Soil Conservation District. Contiguous. Touching and sharing a common point or line. Corrective Order. A notice to the owner and/or person responsible for corrective actions to a violation to this subtitle which shall be completed within the specified time as indicated in the order. County. Prince George's County, Maryland. Cover crop. Establishment of a vegetative cover to protect soils from erosion and to restrict pollutants from entering the waterways. Cover crops can be dense, planted crops of grasses or legumes, or crop residues such as corn, wheat or soybean stubble which maximize infiltration and prevent runoff from reaching erosive velocities. Critical Area Buffer ("the Buffer"). An area that is immediately landward from mean high water of tidal waters, the edge of 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 water, or terrestrial environments from human disturbance. Delineation of the Buffer is described in Section 5B-121(a). Critical Area Commission for the Chesapeake and Atlantic Coastal Bays. Previously referred to as the Chesapeake Bay Critical Area Commission and the entity charged with state oversight for compliance and/or enforcement of the Annotated Code of Maryland, Natural Resources Article, Title 9. Density. The number of dwelling units per acre of net lot area. In the R-C-O Zone, the gross tract acreage is used to calculate density except as noted in Section 5B-115(f). Developed woodlands. Those areas of vegetation that do not meet the definition of woodlands, but which contain trees and other natural vegetation and which also include residential, commercial, or industrial structures and uses. Developer. A person who undertakes development activity as defined in this Ordinance; or a person who undertakes development activity as defined in this Subtitle. Development. Any activity that materially affects the condition or use of dry land, land under water, or any structure. Development activities. Human activity that results in disturbance to land, natural vegetation, or a structure. Director. Director of the Prince George's County, Maryland, Department of Permitting, Inspections, and Enforcement. Disturbance. The alteration or change in land surfaces and any amount of clearing, grading or construction activity. Ecosystem. A self-contained biological community together with the physical environment in which the community's organisms occur. Endangered species. Any species of fish wildlife, or plants that have been designated as "endangered" or "endangered extirpated" by regulation of the Secretary of the Department of Natural Resources in Code of Maryland Regulations COMAR 08.03.08. This includes any species determined to be an "endangered" species pursuant to the Federal Endangered Species Act. Environmental Technical Manual. A technical manual, as approved and amended by the Planning Board from time to time, that contains the technical requirements for conformance to the Critical Area regulations. Erosion and sediment control plan. An erosion and sediment control strategy or plan, to minimize erosion and prevent off-site sedimentation by containing sediment on-site or by passing sediment laden runoff through a sediment control measure, prepared and approved in accordance with the specific requirements of the Prince George's Soil Conservation District and Subtitle 4 of the Prince George's County Code, and designed in accordance with the Standards and Specifications. Establishment of a buffer. The creation of a vegetated area or planted area that provides vegetative cover throughout the Buffer. Fisheries activities. Commercial water dependent fisheries facilities including structures for the parking, processing, canning, or freezing of finfish, crustaceans, mollusks, amphibians and reptiles and also including related activities such as wholesale and retail sales product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquacultural operations. Forest. See "woodlands." Forest Management Plan. A plan prepared in conformance with Subtitle 25. Forest interior dwelling birds. Species of birds that require relatively large forested tracts in order to breed successfully (e.g., various species of flycatchers, warblers, vireos, and woodpeckers). Forest interior dwelling bird habitat. Woodland areas of sufficient size as to be favorable to the breeding of forest interior dwelling bird species which are assumed to be present if the majority of the forest is dominated by pole-sized or larger trees (five inches or greater diameter at breast height), or has a closed canopy; and meets one the following conditions: The woodlands are a minimum of 50 acres in size and contain at least 10 acres of "forest interior" habitat which is located more than 300 feet from the nearest forest edge; or Riparian forests at least 50 acres in size with a minimum average width of 300 feet within the watershed of a regulated stream. Forest management activity. Activities such as the harvesting of forest products, thinning, wildlife habitat protection, and watershed protection as identified on an approved Forest Management Plan. Highly erodible soils. Those soils with a slope greater than 15 percent or those soils with a K value greater than 0.35 and with slopes greater than 5 percent. Historic waterfowl staging and concentration area. An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are historic in the sense that their location is common knowledge and because these areas have been used regularly during recent times. Hydric soils. Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition of growth, or both, of plants on those soils. Hydrophytic vegetation. Those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985), which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats). In-kind replacement. The replacement of a structure with another structure that is identical to the original structure in all dimensions including footprint area, width, and length, and is also identical in use. Intensely Developed Overlay (I-D-O) Zone. As specified in Subtitle 27, an overlay zone that includes: An area with a housing density of at least four dwelling units per acre; or An area with public water and sewer systems with a housing density of more than three dwelling units per acre. K-value. The soil erodibility factor in the Universal Soil Loss Equation. Limited Development Overlay (L-D-O) zone. An area that includes: an area with a housing density ranging from one dwelling unit per five acres up to four dwelling units per acre; an area with a public water or sewer system; an area that is not dominated by agricultural land, wetland, forests, surface water, or open space; Lot area, gross. The total area of a tract of land, including all land area which is to be conveyed for "public facilities" exclusive of the area that lies within state wetlands. Lot area, net. The gross lot area minus the 100-year floodplain. Lot consolidation. A combination or adjustment of any legal parcels of land or record lots in accordance with Subtitle 24, in the Chesapeake Bay Critical Area. Lot coverage in the Critical Area. The percentage of a gross area of a lot or parcel that is existing or proposed to be (1) occupied by a structure, accessory structure, parking area, driveway, walkway, impermeable deck or stairway, or roadway; or (2) covered with, gravel, stone, shell, impermeable decking, pavers, permeable pavement, or any manmade material. Lot coverage in the Critical Area does not include (1) a fence or wall that is less than one-foot in width that has not been constructed with a footer; (2) a walkway in the Primary or Secondary Buffer, including a stairway that provides direct access to a community or private pier; (3) a wood mulch pathway, or (4) a deck with gaps to allow water to pass freely. Marina. Any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers and other non-commercial boat docking and storage facilities. Mean high water line. The average level of high tides at a given location. Mitigation. An action taken to compensate for adverse impacts to the environment resulting from development, a development activity, or a change in land use or intensity. Natural Heritage Area. Any communities of plants or animals that are considered to be among the best statewide examples of their kind, and are designated by regulation by the Secretary of the Department of Natural Resources. Natural regeneration. The establishment or re-establishment of a biological community of woodlands from nearby seed sources without afforestation. Natural vegetation. Those plant communities that develop in the absence of human activities. New development. For purposes of implementing specific provisions of this Subtitle, new development (as opposed to redevelopment) means a development activity that takes place on a property with pre-development CBCA lot coverage of less than 15 percent as of December 1, 1985. Non-point source pollution. Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility, and which is conveyed to waterways through natural processes, such as rainfall, stormwater runoff, or groundwater seepage rather than by deliberate discharge. Non-point source pollution is not generally corrected by "end-of-pipe" treatment, but rather by changes in land management practices. Nontidal wetland. An area which: Is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances supports a prevalence of vegetation typically adapted for life in saturated soil conditions; or Is identified as a "wetland" in accordance with the Federal Manual. Palustrine. All non-tidal wetlands dominated by trees, shrubs, persistent emergent plants, or emergent mosses or lichens and all such wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below one-half part per one thousand (1,000) parts of water. Person. Includes an individual, partnership, corporation, contractor, property owner, or any other person or entity. Physiographic features. The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities. Planning Board. The Prince George's County Planning Board of the Maryland-National Capital Park and Planning Commission Planning Director. That person responsible for the functions of the Prince George's County Planning Department of the Maryland-National Capital Park and Planning Commission. Plant habitat. A community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics. Port. A facility or area established or designated by the state or Prince George's County for purposes of waterborne commerce. Primary Buffer. The area one hundred (100) feet from the mean high water line of tidal waters, the edge of the bank of tributary streams, and the landward extent of tidal wetlands. Prince George's Soil Conservation District. One of twenty-four (24) soil conservation districts created pursuant to the Annotated Code of Maryland, Agricultural Article, Subtitle 3. Private wetlands. Any area of a lot or parcel not considered a "state wetland" bordering on or lying beneath tidal waters, which is subject to regular or periodic tidal action and supports aquatic growth. Private wetlands include wetlands transferred by the state by a valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the interest transferred. Program. The Chesapeake Bay Critical Area Protection Program of Prince George's County. Project approvals. The approval of development, other than development by the state or local government in the Critical Area by the appropriate local approval authority. This term includes approval of subdivision plans and site plans; inclusion of areas within floating zones; issuance of variances, special exceptions, and conditional use permits; and issuance of zoning permits, but does not include building permits. Public water-oriented recreation. Shore-dependent recreation facilities or activities provided by public agencies which are available to the general public. Redevelopment. The process of developing land which is or has been developed. Reforestation. The establishment of a biological community of perpetual woodlands through the planting of trees on an area from which trees were recently removed. Regulated stream. Streams that have water flowing year-round during a typical year and streams that have water flowing during certain times of the year when groundwater provides for stream flow. Water flow can be identified by a defined channel and movement of leaf litter and debris by the movement of water. During dry periods some regulated streams may not have flowing water. Streams that only have water flowing during, or for a short duration after, precipitation events in a typical year are not regulated streams. This definition includes "perennial", "intermittent" and "tributary" streams and does not include "ephemeral" streams. Restoration. The act of returning a site or area to an original state or any action that reestablishes all or a portion of the ecological structure and functions of a site or area. Riparian habitat. A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands. Secondary Buffer. Areas contiguous to the primary buffer which are essential for the buffer to perform all of its integral functions, including but not limited to, palustrine non-tidal wetlands, steep and severe slopes in excess of fifteen percent (15%), highly erodible soils, hydrologic soil (Group D), and the one hundred (100) year floodplain. The primary and secondary buffers, combined, constitute the "Buffer" in a Critical Area Overlay Zone. Severe slopes. Slopes of 25 percent or greater incline. Soil Conservation and Water Quality Plan. Land use plans for farms that assist farmers in making the best possible use of their soil and water resources, while protecting and conserving those resources for the future. Species in need of conservation. Those fish and wildlife whose continued existence as part of the state's resources are in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Articles 10-2A-06 and 4-2A-03, Annotated Code of Maryland. State wetlands. Any land under the navigable waters of the state below the mean high tide, affected by the regular rise and fall of the tide. Wetlands of this category which have been transferred by the state by valid grant, lease, patent or grant confirmed by Article 5 of the Maryland Declaration of Rights shall be considered "private wetlands" to the extent of the interest transferred. Steep Slopes. Slopes of 15 percent or greater incline. Streams. See "Regulated Streams." Structure. Anything constructed or erected on or over land that may or may not result in lot coverage. Substantial alteration. Any repair, reconstruction, or improvement of a principal structure, where the proposed footprint equals or exceeds 50 percent of the existing principal structure. Surface mining. Breaking of the surface soil in order to extract or remove minerals. Any activity or process constituting all or part of a process for the extraction or removal of minerals from their original location. Extraction of sand, gravel, rock, stone, earth, or fill from borrow pits for highway. Construction purposes or other public facilities. Operations engaged in processing minerals at the site of extraction. Removal of overburden and mining of limited amount of any mineral when done for the purpose of prospecting and to the extent necessary to determine the location, quantity, or quality of any natural deposit. Mining operations, if the affected land exceeds one (1) acre or more in area. Threatened species. Any species of fish, wildlife, or plants designated as such by regulation by the Secretary of the Department of Natural Resources in COMAR 08.03.08 that appears likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be a "threatened" species pursuant to the Federal Endangered Species Act, 16 U.S.C. 1531 et seq., as amended. Timber harvesting or logging. The severing of any size tree above ground level leaving the root system and all stumps intact, except for the purpose of providing a temporary access for some other use. Tidal wetlands. All state and private tidal wetlands, marshes, submerged aquatic vegetation, lands and open water affected by the daily and periodic rise and fall of the tide within the Chesapeake Bay and its tributaries. Topography. The existing configuration of the earth's surface including the relative relief, elevation, and position of land features. Transportation facilities. Anything that is built, installed, or established to provide a means of transport from one place to another. Tributary streams. See "Regulated Streams." Unwarranted hardship means that without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested. Utility transmission facilities. Fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines. Wash plant. A facility where sand and gravel is washed during processing. Water-based aquaculture. The raising of fish and shellfish in any natural, open, free-flowing water body. Water-dependent facilities. Those structures or works associated with industrial, maritime recreational, educational, or fisheries activities that require location at or near the shoreline within the Buffer specified within the 100-foot Buffer section of this Ordinance. An activity is water-dependent if it cannot exist outside the Buffer and is dependent on the water by reason of the intrinsic nature of its operation. These activities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities. Excluded from this regulation are individual private piers installed or maintained by riparian landowners, and which are not part of a subdivision which provides community piers. Water-use industry. An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes. Waterfowl. Birds that frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals. Wildlife corridor. A strip of land having vegetation that provides habitat and safe passage for wildlife. Wildlife habitat. Those plant communities and natural features that provide food, water and cover, nesting, and foraging or feeding conditions necessary to maintain populations of animals in the Critical Area. Woodlands. A perpetual biological community dominated by trees and other woody or herbaceous plants covering a land area of 10,000 square feet or greater. This includes areas that have at least 100 trees per acre with at least 50 trees that are 2 inches or greater in diameter at breast height. This also includes areas that have been timber harvested where the stumps remain in place for future regeneration. The terms "woodland," "forest," and "forest cover" are synonymous and do not include orchards or other areas without multiple layers of woody and herbaceous vegetation.

Intent. To implement a Prince George's County Critical Area Program countywide in response to and compliance with legislation passed by the Maryland General Assembly in 1984 to address the decline of the quality and productivity of the waters of the Chesapeake Bay and its tributaries. The decline was found to have resulted, in part, from cumulative effects of human activity that caused increased levels of pollutants, nutrients and toxins, as well as a decline in protective land uses such as forest and agricultural lands in the Bay region. In 2002, the Atlantic Coastal Bays were added by the Maryland General Assembly to the Critical Area Program because these waterways also had begun to experience similar declines. Purpose. In accordance with the Annotated Code of Maryland, Natural Resources Article, Section 8-1801, et. seq., Prince George's County adopted it's Critical Area Program on May 30, 1990 and as amended from time to time for the following purposes: To establish a resource protection program for the Chesapeake Bay and Atlantic Coastal Bays and their tributaries by fostering more sensitive development activity for identified shoreline areas so as to minimize impacts to water quality and natural habitants; To implement a resource protection program on a cooperative basis between Prince George's County and the State in order to implement a comprehensive, uniform and consistent Program that is subject to State Criteria and oversight; and To administer an effective Program that will positively affect the quality of life, health, safety and welfare of the citizens of Prince George's County by enhancing and/or restoring the quality and productivity of the waters of the county associated with the Chesapeake Bay, Atlantic Coastal Bay, and their tributaries. Goals. The goals of Prince George's County's Critical Area Program are: To minimize adverse impacts on water quality resulting from pollutants that are discharged from structures or run off from surrounding lands; To conserve fish, wildlife, and plant habitat; and To establish land use policies for development in the Critical Area that accommodate growth, as well as address the environmental impacts that the number, movement, and activities of people may have on said area. Policies. The policies of the Prince George's County Critical Area Program are generally intended to accommodate already existing land uses and growth within the Critical Area, while providing for the conservation of habitat and protection of water quality and include the following: Protection of threatened and endangered species, those species in need of conservation and their habitats, which occur in the Critical Area; Conservation of wildlife habitat in the Critical Area; Protection of those wildlife habitats that tend to be least abundant or which may become so in the future if current land-use trends continue; Protection of those wildlife habitat types which are required to support the continued present of various species; Protection of those wildlife habitat types and plant communities which are of local significance; and Protection of Natural Heritage Areas.

Implementation. The Critical Area Program regulates vegetation removal, development activities and resource utilization activities, e.g., agriculture and forestry, within the Critical Area. The Critical Area provisions as set forth herein and in all other applicable regulations, supersede any inconsistent law, section or plan of the county. In the case of conflicting provisions, the stricter provisions shall apply. The Department of Parks and Recreation is considered a state agency for review of projects in the Critical Area per COMAR 27.02.05. Critical Area Program. The Critical Area Program became effective on November 17, 1989. The Program consists of this subtitle and related subtitles of the County Code passed by the County Council and Critical Area maps approved as part of the initial Program approval by the State of Maryland. Regulated Activities and Applicability. An applicant applying for a permit to pursue activities within the Critical Area, including, but not limited to, vegetation removal, development or redevelopment, grading, sediment and erosion control, timber harvesting, shoreline erosion control, installation of a septic system and/or drainage filed, operation of a commercial or private marina or other water-related commercial or industrial operation (public or private), mining (surface or sub-surface) or quarrying, farming or other agricultural related activities shall have obtained all required permits prior to initiation of the requested activity. Responsible Agencies. Review of applications for Staff Level Review are the responsibility of Department of Permitting, Inspections, and Enforcement. Review of applications for the review of Conservation Plans are the responsibility of The Maryland-National Capital Park and Planning Commission. Review of permits and enforcement of this Subtitle are the responsibility of the Department of Permitting, Inspections, and Enforcement. Should an infraction of the provisions contained in any law, regulation, or plan related to the Critical Area Program be brought to the attention of any county or state official, said official shall contact the Director of Permitting, Inspections, and Enforcement to consult with, and when appropriate, the County Attorney, to determine the proper remedial course of action if required. The Director of Permitting, Inspections, and Enforcement or the Director's designee shall inform the Critical Area Commission (CAC) about the infraction and any decision made regarding remedial action. The CAC, at its discretion, may also take remedial action under the authority given it by state law. State and Local Government Projects. Applicability. For all development in the Critical Area conducted by County agencies, the projects shall adhere to COMAR 27.02.02, COMAR 27.02.04, COMAR 27.02.05 and COMAR 27.02.06. If applicable, consistency reports shall be submitted to the Chesapeake Bay Critical Area Commission. Procedures. The government agency proposing a development project within the Critical Area shall work with the Planning Department to identify the appropriate procedures for determining compliance with the Critical Area requirements. Standards for projects of local significance. For any government development activity within the Critical Area, the agency proposing the project shall work with the Planning Department to ensure that the project is consistent with all of the provisions and requirements of the Critical Area Program. The Planning Department shall prepare a consistency report and submit a copy of the report with relevant plans and information about the project to the Critical Area Commission. If the Commission determines that the proposed project requires Commission review, then the Commission shall notify the local jurisdiction within 15 days of receipt of the report, and the project shall be reviewed in accordance with the provisions in paragraph (4) below. If the project does not require Commission review, as determined by the Commission, then it may be reviewed by the Planning Department and approved as appropriate by the Planning Director or the Director's designee. Standards for Commission review. New major development by the State or a County agency shall, to the extent practical be located outside the Critical Area. If the siting of the development in the Critical Area is unavoidable because of water dependency or other locational requirements that cannot be satisfied outside the Critical Area, the sponsoring agency shall seek approval from the Critical Area Commission and shall provide the following information: Findings and supporting documentation showing the extent to which the project or development is consistent with the provisions and requirements of the Critical Area Program and the provisions of this Subtitle; and An evaluation of the effects of the project on the County's Critical Area Program. Notice requirements for Commission review. Public notice is required for all major development projects unless the development is covered by a general approval from the Commission. Public notice shall follow the Planning Board's administrative procedures and include posting in accordance with Subtitle 27. Public notice shall be the responsibility of the County agency proposing the project and the agency shall, as part of its submittal to the Critical Area Commission, provide evidence that: Public notice was published for one business day in a newspaper of general circulation in the geographic area where the proposed development would occur; The publication included the identity of the sponsoring State agency or local agency; description of the proposed development; the street address of the affected land and a statement that its location is in the Critical Area; and the name and contact information of the person within the sponsoring State agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment; At least 14 days were provided for public comment; and The property proposed for development was posted in accordance with the provisions noted herein. In addition to the public notice required above, public notice may be provided by electronic posting on a website, on the website of a newspaper of general circulation in the geographic area where the proposed development would occur, or by notification to a neighborhood association or residents of a particular geographic area. Evidence of public notice to be submitted to the Commission shall include the following documentation: The name of the newspaper and the date on which the notice was published; A copy of the public notice as it was published in the newspaper; and A copy of each written comment received in response to the public notice. Posting requirements for major development. The sponsoring agency for any major development project shall ensure that a sign is posted on the property indicating that the site is proposed for major development. Posting shall meet the requirements of Subtitle 27. On a date not later than the date on which the notice is published in the newspaper, the sign shall be posted in a conspicuous location on the development site and remain there until after the Critical Area Commission has voted on the development. Zoning Ordinance. Subtitle 27 of the County Code contains the regulations regarding zoning and uses allowed in the Critical Area. Subdivision Ordinance. Subtitle 24 of the County Code contains the regulations regarding the subdivision of property in the Critical Area. Grading, Stormwater and Building Ordinances are found in Subtitle 32, Water Resources Protection and Grading Code and Subtitle 4, the Building Ordinance, which contain regulations with regard to the Chesapeake Bay Critical Area. Project Notification. Copies of applications for all developments, subdivisions, and site plans wholly or partially within the Critical Area as specified in COMAR 27.03.01 shall be sent to the Critical Area Commission. The application shall be accompanied by a completed "Project Notification Application" form. The Commission shall send written notification of receipt of the application within five business days. An application which has been sent to the Commission for notification cannot be processed until notice of receipt by the Commission has been received. Any action in violation of this procedure shall be void. Growth Allocation. Growth allocation means the number of acres of land in the Chesapeake Bay Critical Area that may be used to create new I-D-O Zones and L-D-O Zones from existing L-D-O and Resource Overlay Zones. The growth allocation shall be calculated based on five percent of the total R-C-O Zone in the County at the time of the original approval of the Program by the Commission, not including tidal wetlands or land owned by the federal government. At the time of adoption, approximately 693.3 acres were placed within the IDO. 1,438.5 acres were in the LDO and 13,596.3 acres were in the RCO. Within the RCO, approximately 1,045.5 acres were in federal ownership and approximately 5,743.1 acres were tidal wetlands. The total allocation available at the time of adoption was 5% of the RCO or approximately 328.4 acres. Subsequent to adoption of the initial overlay zones, amendments were approved that resulted in the use of growth allocation. The provisions for application and approval of growth allocation are provided in Subtitle 27. Program Changes. The County Council may from time to time amend the County Critical Area Program. Critical Area Program changes include, but are not limited to, amendments, revisions, and modifications to zoning regulations, subdivision regulations, Critical Area Maps, implementation procedures, and local policies that affect the County's Program. All such amendments, revisions, and modifications shall also be approved by the Critical Area Commission as established in Section 8-1809 of the Critical Area Law and shall not be officially implemented without approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law Section 8-1809(i) and Section 8-1809(d), respectively. Comprehensive Reviews. The Critical Area Program shall be reviewed, and any necessary amendments proposed to the entire Program, including Critical Area Maps, at least every six years. The anniversary of the date that the last Program update became effective shall be used to determine when the review shall be completed. Within 60 days after the completion of the review, the following information will be submitted in writing to the Commission: A statement certifying that the required review has been accomplished; All necessary requests for Program amendments, Program refinements, or other matters that the County wishes the Commission to consider; An updated resource inventory; A statement quantifying acreages within each land classification, the growth allocation used, and the growth allocation remaining. When an amendment is requested, the amendment shall be submitted to the County Council. After the County Council approves an amendment, the Director shall forward their decision and applicable ordinances and resolutions along with the amendment request to the Critical Area Commission for final approval. When a request for review and approval of changes to any element of the Critical Area Program is submitted to the Commission, including, but not limited to, the zoning ordinance, subdivision regulations, or Critical Area Maps, the request will include all relevant information necessary for the Chairman of the Commission, and as appropriate, the Commission, to evaluate the changes. The Chairman, and as appropriate, the Commission, shall determine if the requests for Program changes are consistent with the purposes, policies, goals, and provisions of the Critical Area Law and all Criteria of the Commission. Critical Area Commission Decision. In accordance with the determination of consistency outlined above, the Commission chair, or as appropriate, the Commission will: Approve the proposed Program refinement or amendment and notify the local jurisdiction; Deny the proposed Program refinement or amendment; Approve the proposed Program refinement or amendment subject to one or more conditions; or Return the proposed Program refinement or amendment to the County with a list of changes to be made. Zoning Map Amendments. Except for Program amendments or Program refinements developed during a six-year comprehensive review, a zoning map amendment may only be granted by the District Council upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a zoning map that meet the following criteria: Are wholly consistent with the land classifications in the adopted Program; or Propose the use of growth allocation in accordance with the growth allocation provisions of this Subtitle. Special Exceptions and Variances in the Critical Area. The Zoning Ordinance (Subtitle 27) contains provisions regarding the uses allowed by Special Exception and the required findings for the approval of Variances. Approval of Variances. Variances from the requirements of this Division of the County Code shall be approved by the Planning Board as part of its review of an associated Conservation Plan.

Applicability. The purpose of this chapter is to establish enforcement procedures to identify violations, assess civil penalties, and require abatement, restoration, and mitigation for violations to the Critical Area Program. The provisions of this Section are in accordance with the Critical Area Act and Criteria, and as set out in any other applicable ordinances and regulations, apply throughout the Critical Area and supersede any inconsistent law, regulation, ordinance or plan. In the case of conflicting provisions, the stricter provisions shall apply. If a lot or parcel has an approved Conservation Plan prior to the effective date of the 2014 Critical Area Boundary Map, the Conservation Plan, Conservation Agreement and any associated Conservation Easements remain in full force and effect until: the plan, agreement and/or easement are revised, approved and re-recorded or using the Staff Level Review process a determination is made by the Director or the Director's designee that the property is no longer within the Critical Area and the approved plan is abandoned. Implementing Agencies and Compliance Officials. These provisions shall be implemented and enforced by the by the Director of the Department of Permitting, Inspections, and Enforcement and/or the Director's authorized representative. The Director of the Department of Permitting, Inspections, and Enforcement shall enforce, supervise and delegate enforcement of the provisions of this Subtitle through the staff of the Department of Permitting, Inspections, and Enforcement. Should any infraction of provisions contained in this Subtitle, or under any law, Chapter or plan related to the County's Critical Area Program provisions or requirements, be brought to the attention of any official of the County, said official shall immediately contact the Director of the Department of Permitting, Inspections, and Enforcement, or his/her designee, and when appropriate, in consultation with the County Attorney, to determine the proper remedial course of action. The Director or the Director's authorized representative shall enforce, and supervise and delegate enforcement responsibilities of this Subtitle. Staff of M-NCPPC shall provide assistance as requested. The Director or the Director's authorized representative may notify the Critical Area Commission of any violation and inform the Commission of all actions taken to halt the violation, restore the property, and require appropriate mitigation. The Commission, at its discretion, may also pursue its own remedial action or assist the County as provided for in State law. Right to enter property. The Director or the Director's authorized representative, shall have the authority to enter upon, over, and through privately owned lands or waters, or any building, structure or premises during any reasonable work hour, in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if the Director or the Director's designee has probable cause that a violation of this subtitle or the local Program has occurred, is occurring or will occur. A reasonable effort to contact a property owner before entering the property shall be made. If entry is denied, the Director or the Director's designee may seek an injunction to enter the property to pursue an enforcement action. The assistance and cooperation of the police, fire, health department, the Department of Permitting, Inspections, and Enforcement and any other applicable agencies shall be available, as required, to aid the Director in enforcing this Subtitle. Violations. No person shall violate any provision of this Subtitle. Each violation that occurs and each calendar day that a violation continues shall be a separate offense. Each person who violates a provision of this Subtitle shall be subject to separate administrative civil penalties, abatement and restoration orders, and mitigation for each offense. Civil penalties for continuing violations shall accrue without a requirement for an additional assessment, notice, or opportunity for hearing for each separate offense. Required enforcement action. If the Director or the Director's authorized representative identifies a violation of this subtitle or any provision of the County's Critical Area regulations, it shall take enforcement action including: Require the submission of an "as-built" plan that shows all the existing conditions of the site. Assess civil penalties as necessary to cover the costs associated with local authorities performing inspections, supervising or rendering assistance with identifying and citing the violation, issuing abatement and restoration orders, and reviewing mitigation plans and ensuring compliance with these plans; Issue abatement, restoration, and mitigation orders as necessary to: Stop unauthorized activity; Restore and stabilize the site, as appropriate, to its condition prior to the violation or to a condition that provides the same water quality and habitat benefits; and Require the implementation of mitigation measures, in addition to restoration activities, to offset the environmental damage and degradation or loss of environmental benefit resulting from the violation. Responsible persons. The following persons may each be held jointly or severally responsible for a violation: (1) persons who apply for or obtain any permit or approval, (2) contractors, (3) subcontractors, (4) property owners, (5) managing agents, or (6) any person who has committed, assisted, or participated in the violation. Civil penalties. In addition to any other penalty applicable under State or County law, every violation of a provision of Natural Resources Article, Title 8 Subtitle 18, or the County's Critical Area Program, ordinance, or regulations shall be punishable by a civil penalty of at least $500 up to and not more than $10,000 per calendar day according to the fine schedule approved and submitted by the County Executive and adopted by County Council Resolution. Before imposing any civil penalty, the person(s) believed to have violated this Subtitle shall receive: (1) written notice of the alleged violation(s) including which, if any, are continuing violations, and (2) an opportunity to be heard. The amount of the civil penalty for each violation, including each continuing violation, shall be determined separately. For each continuing violation, the amount of the civil penalty shall be determined per day. In determining the amount of the civil penalty, the Director or the Director's authorized representative shall consider: The gravity of the violation; The presence or absence of good faith of the violator; Any willfulness or negligence involved in the violation including a history of prior violations; The environmental impact of the violation; and The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to the State or local authorities for performing, supervising, or rendering assistance to the restoration and mitigation. When a Chapter of this Subtitle establishes a different maximum amount for a civil penalty for any violation, the larger amount shall apply. Civil penalties for continuing violations shall accrue for each violation, every calendar day each violation continues, with no requirements for additional assessments, notice, or hearings. The total amount payable for continuing violations shall be the amount assessed per calendar day for each violation multiplied by the number of days that each violation has continued. The person responsible for any continuing violation shall promptly provide the Director or the Director's authorized representative with written notice of the date(s) the violation has been or will be brought into compliance and the date(s) for the County inspection to verify compliance. Civil penalties for continuing violations continue to accrue as set forth herein until the County receives such written notice and verifies compliance by inspection or otherwise. Assessment and payment of civil penalties shall be in addition to and not in substitution for recovery by the County of all damages, costs, and other expenses caused by the violation, including the cost to correct any violation or repair, restore, or replace any County property. Payment of all civil penalties assessed shall be a condition precedent to the issuance of any permit or other approval required by this Subtitle. Notice of violations and assessment of civil penalties. Every notice of violation and assessment of civil penalty shall be in writing and shall include: A description of the facts supporting each alleged violation, including citation to the provisions of the County Code allegedly violated; Classification of each alleged violation as a continuing or non-continuing violation; Separate assessment of a civil penalty for each violation, and a separate daily assessment for each continuing violation; Notice of the right to request administrative review before the Director to evaluate the amount(s) of civil penalties; and Notice of the right to file an appeal to the County Board of Administrative Appeals. Collection of civil penalties. All civil penalties collected in accordance with these provisions shall be deposited in a dedicated "Critical Area Restoration Fund" and used exclusively to conduct or facilitate activities or projects that promote the goals of the Critical Area Program and to ensure its effective implementation within the jurisdiction. These activities may include, but are not limited to the following options: Design, construction, and operation of stormwater treatment practices; Retrofits of stormwater treatment practice to improve performance or increase the area from which runoff is being treated; Removal of structures, roads, paving, etc. that contribute to lot coverage; Planting and maintenance of riparian forests; Implementation of landscaping projects that include native trees, shrubs, and herbaceous plants and can be maintained and protected for water quality and habitat enhancement; Restoration of degraded tidal or non-tidal wetlands that have been disturbed by previous authorized activities and may be accomplished by the removal of fill, restoration or original water circulation patterns, and marsh plantings; Installation of living shorelines in areas that are actively eroding; and Administration and enforcement of this Subtitle. Administrative abatement, restoration, and mitigation orders. The provisions of this Chapter apply to orders issued by the county inspectors to a person conducting or having conducted an unauthorized action. Orders shall be sent to the property owner by certified mail, return receipt requested, and simultaneously by first-class mail, postage prepaid, bearing a return address. Service shall be effective upon mailing. In addition, any other method of service reasonably calculated to provide actual notice, and any method that does provide actual notice, shall be sufficient, including service by personal delivery to a responsible person at any construction site or posting the order in a conspicuous place on any structure, sign, land, or equipment. The Director or the Director's authorized representative may issue an administrative abatement order to any person, compelling the person to perform the following: To correct, discontinue or abate any violation; To cease any activity being performed in violation of this Subtitle; and To apply for any permit, approval, special exception, or variance required by this Subtitle; however, the filing of an application will not negate or stay the requirement for abatement, restoration, or mitigation measures required by the Chief Code Compliance Officer. Director or the Director's authorized representative may issue a restoration order to any person compelling the person to perform the following: To remove any construction materials, equipment, and any structures or other construction work built or erected in violation of this Subtitle; To restore any property to its condition as it existed before any violation of this Subtitle; To perform any condition or obligation required by this Subtitle or by any permit, approval, special exception, variance, license, contract, deed, or other instrument required or executed pursuant to this Subtitle. The Director or the Director's authorized representative shall issue a mitigation order to any person receiving notice of or issued a citation for conducting or having conducted an unauthorized action. Mitigation is required for all violations of the County's Critical Area Program and shall be in addition to any required abatement or restoration activities. In evaluating the type and amount of mitigation, the Director or the Director's authorized representative shall consider the severity of the impact on water resources and habitat and the length of time necessary to restore the resources to their condition prior to the violation, or if that is not possible to recreate or establish and permanently protect similar resources in another location. The mitigation order shall compel the person to perform the following: To implement appropriate water quality improvement or habitat enhancement measures that are sufficient to offset adverse impacts to the Critical Area resulting from the violation as follows: Mitigation is required at a three-to-one ratio for the area disturbed or the area of the development activity outside the 100-foot Buffer and expanded Buffer, and Mitigation is required at a four-to-one ratio for the area disturbed or the area of the development activity within the 100-foot Buffer or expanded Buffer; and To prepare or to have a qualified professional prepare a mitigation plan that includes water quality improvement or habitat enhancement measures to offset adverse impacts to the Critical Area resulting from the violation as specified in Paragraph (a) above; or To pay a fee-in-lieu of mitigation that shall be deposited in the appropriate fee-in-lieu account and used exclusively to conduct or facilitate activities or projects that promote the goals of the Critical Area Program and to ensure its effective implementation within the jurisdiction. Contents of administrative abatement, restoration, and mitigation orders. The provisions of this Chapter apply to orders issued by the county inspectors to a person conducting or having conducted an unauthorized action. All orders shall include: A description of each violation, including citation to the applicable County ordinance, regulation, or other requirement allegedly violated; The time within which any required action is to occur, taking into account the specific action required to comply with the order and any existing or intervening harm or threat to the public health, safety, and welfare. Except for emergencies, which can require compliance as soon as 24 hours or otherwise less than 30 days, there is a rebuttable presumption that compliance with the orders shall take place within 30 days from the date of the order; and Notice of the right to appeal the order to the County Board of Administrative Appeals and the period within which any such appeal must be filed. Bonding for restoration and mitigation orders. For abatement or restoration activities and mitigation activities that exceed 1,000 square feet or involve expenses exceeding $1,000, the Department shall: Collect a bond or other financial security to ensure that the restoration or mitigation is properly completed; Hold the bond for at least two years if the restoration involves planting in order to ensure the survival of the plantings. The two years will run from the date the plantings are installed; and Schedule and perform an inspection of the property as necessary to ensure compliance and promptly release the bond or other financial security when compliance is confirmed. Cumulative remedies. The remedies available under this Subtitle are cumulative and not alternative or exclusive, and the decision to pursue one remedy does not preclude pursuit of others. Injunctive relief. The Director or the Director's authorized representative is authorized to institute injunctive or other appropriate actions or proceedings to bring about the discontinuance of any violation of this Subtitle, an administrative order, a permit, a decision, or other imposed condition. The pendency of an appeal to the Board of Administrative Appeals or subsequent judicial review shall not prevent the County from seeking injunctive relief to enforce an administrative order, permit, decisions, or other imposed condition, or to restrain a violation pending the outcome of the appeal or judicial review. In an action for injunctive relief to enforce an administrative order, the court may also impose a civil fine not less than $500 but not exceeding $10,000 for each day that an administrative order was violated, after considering: The willfulness for the violation; The harm to the environment or the community in which the violation occurred; The proposed fine by the County, and The cost to the County of enforcing the administrative order. Permits pursuant to a violation. The County may not issue a permit, approval, variance, or special exception, unless the person seeking the permit has: Fully paid all administrative, civil, or criminal penalties as set forth in Section E. above; Prepared a restoration or mitigation plan, approved by the s authorized representative, to abate impacts to water quality or natural resources as a result of the violation; Performed the abatement measures in the approved plan in accordance with the local Critical Area regulations; and Unless an extension of time is approved by the Planning Director or Director's designee because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed. Variances pursuant to a violation. The Planning Board or the Board of Zoning Appeals, as appropriate, may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this subtitle or any provisions of an order, permit, plan, or regulation in accordance with the variance provisions of this subtitle or Subtitle 27. However, a final decision shall not be made by the Planning Board or the Board of Zoning Appeals, as appropriate, until all abatement, restoration, and mitigation measures have been submitted for review in conformance with all the requirements of this Subtitle and/or as applicable to other subtitles of the County Code; and Mitigation for violations in any Critical Area Buffer shall be shown according to the ratios shown in Section 5B-121, Table (h)(2) of this Subtitle; and Variances may not be granted by the Planning Board or the Board of Zoning Appeals, as appropriate, from the provisions of Subtitles 5B or 27 for property located within the Chesapeake Bay Critical Area Overlay Zones to legalize a violation of this subtitle, including an unpermitted structure or development activity, unless a notice of violation is issued, including assessment of a penalty for the violation. Application for a variance under this paragraph constitutes a waiver of the right to appeal the terms of a notice of violation and its final adjudication, including the payment of any penalties and costs assessed; and If there are provisions of the violation that require stabilization, the installation of erosion and sediment control devices, or the payment of a fine, a final decision shall not be made by the Planning Board or the Board of Zoning Appeals, as appropriate, on the variance request until all such corrective work has been completed and the fine paid. The applicant is responsible for providing information verifying the status of the violation prior to the decision regarding the variance request. The Director, or the Director's authorized representative, and the Planning Director, or the Planning Director's designee, shall inspect the site prior to the decision regarding the variance request. Non-issuance, non-renewal, suspension, or revocation of a permit. The Director or the Director's authorized representative may decline to issue or renew, or may suspend or revoke any permit or license issued under the authority of, or required by this Subtitle. The Director will coordinate with M-NCPPC to revoke conservation plan approvals as necessary. Such action may be taken on the following grounds: False, misleading, inaccurate, incomplete, or incorrect information given on any application; or Serious or repeated violations of this Subtitle, or any terms, conditions, or restrictions in the permit or license itself. The Director or the Director's authorized representative shall give written notice and opportunity to be heard before any non-issuance, non-renewal, suspension, or revocation and shall render a written decision on the matter, which shall be considered an administrative order and may be appealed to the Board of Administrative Appeals. Enforcement costs. In any action or proceeding in which the County substantially prevails, the County may recover all costs incurred to enforce the terms of this Subtitle, including counsel fees and litigation expenses. Appeals. An appeal to the Board of Administrative Appeals may be filed by any person aggrieved by any order, requirement, decision or determination by the Director or the Director's authorized representative in connection with the administration and enforcement of this Subtitle. An appeal is taken by filing a written notice of appeal with the Board of Administrative Appeals in accordance with the provisions in the County Zoning Ordinance and in accordance with the Board of Appeals Rules of Procedure, accompanied by the appropriate filing fee. Appeals shall be made on form obtained from the Board of Appeals Secretary. A notice of appeal shall be considered filed with the Board of Administrative Appeals when delivered to the Board. The date and time of filing shall be entered on the appeal by the Board of Administrative Appeals staff: An appeal must be filed within 30 days after the date of the decision or order being appealed; and An appeal stays all actions by the Director or the Director's authorized representative seeking enforcement or compliance with the order or decisions being appealed, unless the Director or the Director's authorized representative certifies to the Board of Administrative Appeals that (because of facts stated in the certificate) in his/her opinion, such stay will cause imminent peril to life or property. In such a case, action by the Director or the Director's authorized representative shall not be stayed except by order of the Board of Administrative Appeals or a court up on application of the party seeking the stay. Fine Schedule. Fines for violations in the Critical Area shall be assessed as authorized by the fine schedule approved and submitted by the County Executive and adopted by County Council Resolution.

Description. In Prince George's County, the Critical Area extends along the Patuxent, Potomac, and Anacostia rivers encompassing approximately 12,258 acres, of which, approximately 9,637 acres are in uplands. This area includes the tidal waters, tidal wetlands and, in general, all land within one thousand (1,000) feet of the Mean High Tide Line (MHTL). The precise delineation of the Critical Area in the county was established by the creation of the Critical Area Overlay Zones, as initially adopted and approved by the District Council on September 27, 1988, and as amended by the District Council as of December 31, 2014. The official map is referred to as the "2014 Critical Area Overlay Zone." General Policies. In order to accommodate already existing land uses and growth within the county's Critical Area, while providing for the conservation of habitat and the protection of water quality, the county has identified and mapped three overlay zones within the Critical Area based on the following criteria. The three overlay zones and general provisions are as follows: Intensely Developed Overlay (I-D-O) - intense development should be directed outside of the Critical Area. Future intense development activities, when proposed in the Critical Area, shall be directed towards the Intensely Developed Overlay areas. Limited Development Overlay (L-D-O) - low intensity development may be permitted in L-D-O areas, but shall be subject to strict regulation to prevent adverse impacts on habitat and water quality. Resource Conservation Overlay (R-C-O): development in the R-C-O shall be limited and chiefly designated for agriculture, forestry, fisheries and other resource utilization activities, as well as for habitat protection. Complementary State Laws and Regulations. When implementing this Critical Area Program, all of the following complementary existing State laws and regulations also apply: For soil erosion and sediment control (COMAR 26.17.01) In order to prevent soil erosion and sedimentation, a Soil Erosion and Sedimentation Control Plan shall be required whenever a development within the Critical Area will involve any clearing, grading, transporting, or other form of disturbance to land by the movement of earth. This plan shall be consistent with the requirements of the Natural Resources Article and Environment Article of the Annotated Code of Maryland and Subtitle 32. Sediment control practices shall be appropriately designed to reduce adverse water quality impacts. For stormwater runoff (COMAR 26.17.02) The County Code requires limitations on stormwater runoff such that applicants for development must ensure that downstream property, watercourses, channels or conduits do not receive stormwater runoff at a higher volume or rate than would have resulted from a 10-year storm were the land is in its predevelopment state. The County Code requires that applicants for development ensure that all stormwater storage facilities shall be designed with sufficient capacity to achieve water quality goals of this Chapter and to eliminate all runoff caused by the development in excess of that which would have come from the site if it were in its pre-development state. Stormwater management measures shall be consistent with the requirements of Environment Article 4-201 et seq., Annotated Code of Maryland. Development activities on individual lots within subdivisions recorded prior to adoption of the provisions in COMAR 26.17.02 shall provide stormwater quantity and quality management unless: The project is an addition or modification to an existing single family dwelling; The project involves disturbance that does not exceed 5,000 square feet; or The project is otherwise regulated under other State laws that include provisions for managing stormwater runoff. Development Standards Applicable to All Critical Area Overlay Zones. All plans shall be assessed for their impacts on water quality and other biological resources; Alterations in the plans shall be made to mitigate any negative impacts; Development and redevelopment shall be subject to the Habitat Protection Area requirements prescribed in those sections of this Subtitle; All roads, bridges, and utilities that must cross a Habitat Protection Area shall be located, designed, constructed, and maintained so as to provide maximum erosion protection and minimize negative impacts to wildlife, aquatic life and their habitats and maintain hydrologic processes and water quality. Roads, bridges, or utilities may not be located in any Habitat Protection Area unless no feasible alternative exists; All development activities that must cross or affect streams shall be designed to: Reduce increases in flood frequency and severity that are attributable to development; Retain natural woodlands and tree canopy so as to maintain stream water temperature within normal variation; Provide a natural substrate for stream beds; and Minimize adverse water quality and quantity impacts of stormwater. Ports and industries which use water for transportation and derive economic benefits from shore access shall be located near existing port facilities. Other sites for planned future port facility development must provide significant economic benefit to the State or County and be consistent with the provisions of the Water Dependent Facilities Section of this Subtitle and other State and Federal regulations. To the extent practicable, future development in the Critical Area shall use cluster development and mixed-use zoning as a means to reduce impervious areas and to maximize areas of natural vegetation. When the cutting or clearing of trees in natural and developed woodlands is associated with current or planned development activities, the following is required and shall be shown on the proposed Conservation Plan: Replacement of forests and woodland through the establishment of developed woodlands, the use of urban forest programs, or similar practices. The extent of the replacement shall be shown on the Conservation Plan or any other development plan in the Critical Area. Minimization of the destruction of existing forest and woodland vegetation. Protection of existing forests and developed woodlands identified as Habitat Protection Areas by limiting or prohibiting development. In addition, applicants shall adhere to the following criteria for natural and developed woodlands: Grading permits shall be required before natural or developed woodland is cut or cleared; and All woodlands designated on a Conservation Plan shall be maintained, and to the extent practicable protected through conservation easements. To reduce the extent of impervious areas and maximize areas of natural vegetation, the use of the conservation subdivision provisions of Subtitle 24 shall be considered as the first option for development. Development may be allowed on soils having development constraints if the development includes mitigation measures that adequately address the identified constraints and that will not have significant adverse impacts on water quality or plant, fish or wildlife habitat. Development Standards Regarding Lot Consolidation and Reconfiguration Applicability. The provisions of this regulation shall apply to a consolidation or reconfiguration of: Any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985; Land that was subdivided into recorded legally buildable lots, where the subdivision received final approval before June 1, 1984; Land that was subdivided into recorded, legally buildable lots, where the subdivision received final approval after December 1, 1985, and before November 17, 1987. Purpose. Any consolidation or reconfiguration of any legal parcel of land or recorded legally buildable will meet the goals of the Critical Area Program, to the extent possible, and shall not increase or intensify development activities or human activities in the Buffer or any other Habitat Protection Area beyond what would have resulted from the existing lot configuration. Conservation Plan Required. An application for lot consolidation or reconfiguration in the Critical Area shall submit a Conservation Plan and, in addition to the requirements of Section 5B-114, contain the following information: The date of recordation of each legal parcel of land or legally buildable lot to be consolidated or reconfigured; A plan drawn to scale in accordance with this Subtitle; Information sufficient for the local jurisdiction to make the findings set forth in section; A plan that shows all existing and proposed lot or parcel boundaries; and A table that lists the number of all legal parcels of land or recorded legally buildable lot and the number of proposed lots or parcels or dwelling units to be derived. Standards. A lot consolidation or reconfiguration application shall meet the following standards: The lot consolidation or reconfiguration shall not increase or intensify development activities or human activities in the Buffer or any other Habitat Protection Area beyond what would have resulted from the existing lot configuration; The proposed consolidation or reconfiguration shall result in no greater number of lots, parcels, or dwelling units in the Critical Area than the existing configuration would allow; The proposed lot consolidation or reconfiguration shall result in no greater lot coverage than the existing configuration would allow; The proposed consolidation or reconfiguration shall not: Create an additional riparian lot or parcel, waterfront lot, or any other lot or parcel deeded with water access; or Intensify or increase impacts associated with riparian access; In addition to the standards in (4) above, a proposed consolidation or reconfiguration shall not create: A lot or parcel or portion of a lot or parcel that will serve development activities outside the Critical Area; or An R-C-O lot or parcel that serves development activities in the L-D-O Zone; An application for proposed consolidation or reconfiguration shall identify all existing Habitat Protection Areas. If the proposed consolidation or reconfiguration impacts a Habitat Protection Area, then the proposal shall: Include protective measures and restoration measures that provide for the least possible adverse impact; Result in no greater impact to a Habitat Protection Area than the impact that would have resulted from the existing lot configuration; and Minimize adverse impacts to a Habitat Protection Area. The proposed consolidation or reconfiguration shall provide: Stormwater management for all proposed development activities; and Benefits to fish, wildlife, and plant habitat that are clearly identified. When approving a proposed lot consolidation or reconfiguration, the Planning Director or Director's designee as appropriate, shall: Provide in writing a statement that the provisions of (4)-(7) above have been met. Send a copy of the final decision and a copy of the approved plan within 10 business days by U.S. mail to the Commission's business address. The Commission may file an appeal or a petition for judicial review within 30 days of the date of the Commission's receipt of the final decision or order. The time period during which the Commission may file an appeal or a petition for judicial review shall commence on the date of the Commission's receipt of the final decision. A conservation plan that results from the approval of a lot consolidation or reconfiguration cannot be signed as approved until after the expiration of the Commission's 30-day appeal period. Reasonable accommodations for the needs of disabled citizens. The Director, Planning Director, the Director's designee and the Planning Board may make reasonable accommodations to avoid discrimination on the basis of a physical disability. Reasonable accommodations for the needs of disabled citizens may be permitted in accordance with the evidentiary requirements set forth in the following paragraphs. An applicant shall have the burden of demonstrating the following: The existence of a physical disability; Literal enforcement of the provisions of this Subtitle would result in discrimination by virtue of such disability; A reasonable accommodation would reduce or eliminate the discriminatory effect of the provisions of this Subtitle; The accommodation requested will not substantially impair the purpose, intent, or effect, of the provisions of this Subtitle as applied to the property; Environmental impacts associated with the accommodation are the minimum necessary to address the needs resulting from the particular disability of the applicant. The Planning Board shall determine the nature and scope of any accommodation under this section and may award different or other relief than requested after giving due regard to the purpose, intent, or effect of the applicable provisions of this Subtitle. The Board may also consider the size, location, and type of accommodation proposed and whether alternatives exist which accommodate the need with less adverse effect. The Planning Board may require, as a condition of approval, that upon termination of the need for accommodation, that the property be restored to comply with all applicable provisions of this Subtitle. Appropriate bonds may be collected or liens placed in order to ensure the County's ability to restore the property should the applicant fail to do so.

Regulations. Additional regulations of the underlying zones, in addition to those contained herein, shall also apply in the I-D-O Zone. Density. The density may not exceed the density of the underlying zone. Uses. The uses allowed in the I-D-O Zone are the same as those allowed in the underlying zones in which the land is classified, except as otherwise specified in Subtitle 27. General policies. New or expanded development or redevelopment in the I-D-O Zone shall take place in such a way as to: Improve the quality of runoff from developed areas that enters the Chesapeake Bay or its tributary streams; Accommodate additional development of the type and intensity designated by the County in this Program provided that water quality is not impaired; Minimize the expansion of I-D-O Zones into portions of the Critical Area designated as Habitat Protection Areas and R-C-O Zones; Conserve and enhance fish, wildlife, and plant habitats, as identified in the Habitat Protection Area Chapters of this Subtitle, to the extent possible within I- D-O Zones; and Encourage the use of retrofitting measures to address existing stormwater management quantity and quality problems. Development standards. The following development standards must be demonstrated within the I-D-O Zone: For redevelopment plans, opportunities to reduce impacts on water quality generated by existing development shall be analyzed; Urban (BMPs) for stormwater treatment shall be considered and, where appropriate, implemented as part of all plans for development and redevelopment; Stormwater shall be addressed in accordance with the following provisions: Development or redevelopment projects shall use technologies as required by applicable ordinances in order to minimize adverse impacts to water quality caused by stormwater. In the case of redevelopment, if these technologies do not reduce pollutant loadings measured by use of the keystone pollutant method by at least 10 percent below the level of pollution on the site prior to redevelopment, then offsets shall be provided. Guidance for compliance with this requirement is provided in the Critical Area 10% Rule Guidance Manual - Fall 2003 and as may be subsequently amended. In the case of new development, offsets shall be used if they reduce pollutant loadings by at least 10 percent of the pre-development levels. Guidance for compliance with this requirement is provided in the Maryland Chesapeake and Atlantic Coastal Bays Critical Area 10% Rule Guidance - Fall 2003 and as may be subsequently amended. Offsets may be provided either on or off site, provided that water quality benefits are equivalent, that the benefits are obtained within the same watershed, and that the benefits can be determined through the use of modeling, monitoring or other computation of mitigation measures. Guidance regarding offsets is provided in the Maryland Chesapeake and Atlantic Coastal Bays Critical Area 10% Rule Guidance - Fall 2003. There is no Critical Area lot coverage maximum in the I-D-O, however, where practicable, permeable areas shall be established in vegetation, and whenever possible, redevelopment shall reduce existing levels of pollution. Areas of public access to the shoreline, such as foot paths, scenic drives and other public recreational facilities, should be maintained and, if possible, encouraged to be established within the I-D-O.

Regulations. Additional regulations of the underlying zones, in addition to those contained herein, shall also apply in the L-D-O Zones. Density. The density may not exceed the density of the underlying zone. Uses. The uses allowed in the L-D-O Zone are the same as those allowed in the underlying zones in which the land is classified, except as otherwise specified in Subtitle 27. General policies. New or expanded development or redevelopment in the L-D-O Zone shall take place in such a way as to: Maintain, or, if possible, improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributaries; Maintain, to the extent practicable, existing areas of natural habitat; and Accommodate additional low or moderate intensity development if: This development conforms to the water quality and habitat protection criteria contained herein; and The overall intensity of development within the L-D-O Zone is not increased beyond the level established in a particular area so as to change its prevailing character as identified by density and land use currently established in the area. Development standards. An applicant for a development activity shall meet all of the following standards of environmental protection in the L-D-O Zone: All development sites that are within the designated network of the Countywide Green Infrastructure Plan shall incorporate a wildlife corridor system that connects the largest undeveloped or most vegetative tracts of land within and adjacent to the site in order to provide continuity of existing wildlife and plant habitats with offsite habitats. The wildlife corridor system may include Habitat Protection Areas identified in this Subtitle. The wildlife corridors shall be included and identified on the Conservation Plan. The maintenance of the wildlife corridors shall be ensured by the establishment of conservation easements. For the cutting or clearing of trees in natural or developed woodland areas in current, planned or future activities in the L-D-O Zone, the following shall be addressed: Development activities shall be designed and implemented to minimize the destruction of woodland vegetation; Provisions for protection for natural and developed woodlands identified shall be provided; The total acreage of natural and developed woodlands shall be maintained or preferably increased to the fullest extent practicable; and Mitigation for woodland impacts shall be within the Critical Area. For the alteration of natural and developed woodlands in the L-D-O Zone, the following requirements shall apply: All woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis; No more than 20 percent of any natural or developed woodland may be removed from forest use, except as provided in paragraph (4) below. The remaining 80 percent shall be maintained through conservation easements; and Developed woodlands shall be preserved and/or restored to the greatest extent practicable. For replacement of natural and developed woodlands, if more than 20 percent is to be removed from forest use, an applicant may clear or develop not more than 30 percent of the total forest area provided that the afforested area shall consist of 1.5 times the total surface acreage of the disturbed forest or developed woodland area, or both. Clearing in excess of 30 percent of a natural or developed woodland is prohibited without a variance. In addition, applicants shall adhere to the following criteria for forest and woodland development: At time of permit issuance, the permittee shall post a bond with DPW&T in an amount equivalent to the cost of completion of the planting requirements for the L-D-O Zone; Woodland which have been cleared before obtaining a grading permit or that exceed the maximum area allowed in subsection (3) above shall be replanted at the rate specified in subsection 5B-109(j)(3)(A); If the areal extent of the site limits the application of the reforestation standards in this section, alternative provisions or reforestation guidelines may be permitted in accordance with Section 5B-119 Woodland Protection and Planting of this Subtitle. Alternative provisions must conserve, enhance, or increase the natural and developed woodland resources of the Critical Area. Alternative provisions may include fees-in-lieu provisions or use of an off-site conservation bank if the provisions are adequate to ensure the restoration or establishment of the required woodland area; If less than 15% natural or developed woodland exists on the proposed development site, the site shall be planted to provide a natural or developed woodland cover of at least fifteen percent (15%); All forests designated on a Conservation Plan shall be maintained to the extent practicable, through conservation easements; The applicant shall designate, subject to the approval of the County, a new forest area on a part of the site not forested; and All forests designated on a Conservation Plan shall be maintained, and to the extent practicable protected through conservation easements. Applicants shall adhere to the following standards for development on steep slopes. Development on slopes 15 percent or greater, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies and standards for L-D-O Zones set forth above and with the provisions below. Consistent with an approved Forest Management Plan, if applicable; Consistent with an approve Surface Mining Permit, if applicable; and Consistent with an approved Soil Conservation and Water Quality Plan, if applicable. Critical Area lot coverage shall be limited to 15 percent of the site or as permitted by Subtitle 27. Conservation plans and associated development plans may propose modifications in road standards on a case-by-case basis to reduce potential impacts to the site, reduce total lot coverage in the Critical Area, and limit impacts to Critical Area resources, where the reduced standards do not significantly affect safety.

Regulations. Additional regulations of the underlying zones, in addition to those contained herein, shall also apply in the R-C-O Zones. Density. The density shall not exceed one dwelling unit per twenty (20) acres of gross tract area, except as otherwise specified in 5B-113(f). Uses. The uses allowed in the R-C-O Zone are the same as those allowed in the underlying zones in which the land is classified, except as otherwise specified in Subtitle 27. General Policies. New or expanded development or redevelopment in R-C-O Zones shall take place in such a way as to: Conserve, protect and enhance the overall ecological values of the Critical Area, its biological productivity and its diversity; Provide adequate breeding, feeding and wintering habitats for those wildlife populations that require the Chesapeake Bay, their tributaries or coastal habitats in order to sustain populations of those species; Conserve the land and water resource base that is necessary to maintain and support land uses such as agriculture, forestry, fisheries activities and aquaculture; and Conserve the existing developed woodlands and forests for the water quality benefits that they provide. Ensure that the overall acreage of forest and woodland within the R-C-O does not decrease. Development standards. An applicant for a development activity shall meet all of the following standards of environmental protection in the R-C-O Zone: Land use management practices shall be consistent with the policies, standards and criteria for Section 5B-102 Agriculture, Section 5B-119 Woodland Protection and Planting and Section 5B-120 Habitat Protection of this Subtitle. Agricultural and conservation easements shall be promoted in the R-C-O zone. All development sites that are within the designated network of the Countywide Green Infrastructure Plan shall incorporate a wildlife corridor system that connects the largest undeveloped or most vegetative tracts of land within and adjacent to the site in order to provide continuity of existing wildlife and plant habitats with offsite habitats. The wildlife corridor system may include Habitat Protection Areas identified in this Subtitle. The wildlife corridors shall be included and identified on the Conservation Plan. The maintenance of the wildlife corridors shall be ensured by the establishment of conservation easements. For the cutting or clearing of trees in natural or developed woodland areas in current, planned or future activities in the R-C-O Zone, the following shall be addressed: Development activities shall be designed and implemented to minimize the destruction of woodland vegetation; Provisions for protection for natural and developed woodlands identified shall be provided; The total acreage of natural and developed woodlands shall be maintained or preferably increased to the fullest extent practicable; and Mitigation for woodland impacts shall be within the Critical Area. For the alteration of natural and developed woodlands in the R-C-O, the following requirements shall apply: All woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis; No more than 20 percent of any natural or developed woodland may be removed from forest use, except as provided in paragraph (4) below. The remaining 80 percent shall be maintained through conservation easements; and Developed woodlands shall be preserved and/or restored to the greatest extent practicable. For replacement of natural and developed woodlands, if more than 20 percent is to be removed from forest use, an applicant may clear or develop not more than 30 percent of the total forest area provided that the afforested area shall consist of 1.5 times the total surface acreage of the disturbed forest or developed woodland area, or both. Clearing in excess of 30 percent of a natural or developed woodland is prohibited without a variance. In addition, applicants shall adhere to the following criteria for forest and woodland development: At time of permit issuance, the permittee shall post a bond with DPW&T in an amount equivalent to the cost of completion of the planting requirements for the R-C-O Zone. Forests which have been cleared before obtaining a grading permit or that exceed the maximum area allowed in subsection (7) above shall be replanted at three times the areal extent of the cleared forest; If the areal extent of the site limits the application of the reforestation standards in this section, alternative provisions or reforestation guidelines may be permitted in accordance with Section 5B-119 Woodland Protection and Planting of this Subtitle. Alternative provisions must conserve, enhance, or increase the natural and developed woodland resources of the Critical Area. Alternative provisions may include fees-in-lieu provisions or use of an off-site conservation bank if the provisions are adequate to ensure the restoration or establishment of the required woodland area; If less than 15% natural or developed woodland exists on the proposed development site, the site shall be planted to provide a natural or developed woodland cover of at least fifteen percent (15%); All forests designated on a Conservation Plan shall be maintained to the extent practicable, through conservation easements; The applicant shall designate, subject to the approval of the County, a new forest area on a part of the site not forested; and All forests designated on a Conservation Plan shall be maintained, and to the extent practicable protected through conservation easements. Applicants shall adhere to the following standards for development on steep slopes. Development on slopes 15 percent or greater, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies and standards for R-C-O Zones set forth above and with the provisions below. Consistent with an approved Forest Management Plan, if applicable; Consistent with an approve Surface Mining Permit, if applicable; and Consistent with an approved Soil Conservation and Water Quality Plan, if applicable. Critical Area lot coverage shall be limited to 15 percent of the site. Conservation plans and associated development plans may propose modifications in road standards on a case-by-case basis to reduce potential impacts to the site, reduce total lot coverage in the Critical Area, and limit impacts to Critical Area resources, where the reduced standards do not significantly affect safety. Calculation of 1-in-20 acre density of development. In calculating the 1-in-20 acre density of development that is permitted on a parcel located within the R-C-O zone: Each dwelling unit shall be counted; The area of any private wetlands located on the property may be included under the following conditions: The density of development on the upland portion of the parcel may not exceed one dwelling unit per eight acres; and The area of private wetlands shall be determined by an approved wetland study.

Conservation Plan Required. A Conservation Plan is a site plan that must be approved in addition to all other applicable standard requirements of the County Code for development or redevelopment if the land falls within the Critical Area. The Conservation Plan must include a buffer management plan for properties that contain a Critical Area buffer. Prior to the approval of any subdivision, site plan, the issuance of any grading permit or the issuance of building permits for any property within the Critical Area, a Conservation Plan must be approved unless: the proposed project qualifies for a Staff Level Review per paragraph (b) below; or the permit application consists of renovations and/or additions to existing improvements on residentially zoned lots, located outside of primary and secondary buffers, measuring 20,000 square feet or smaller in the Intense Development Overlay Zone in the Anacostia River basin. Staff Level Review. The Director or the Director's designee may conduct a review and approve grading or building permit applications without a Conservation Plan if: the property was within the Critical Area boundary and had obtained an approved Conservation Plan prior to the approval of the 2014 Critical Area Overlay Zone but is no longer within the overlay zone due to a map amendment; or the area of disturbance is less than five-hundred (500) square feet, provided the criteria of items (i) through (viii) below can be met. Disturbance will not occur in the Buffer; and Vegetation will not be removed as a result of the proposed activity; and Steep or severe slopes will not be disturbed; and Habitat Protection Areas will not be affected; and Tidal or non-tidal wetlands will not be affected; and Existing property is in conformance with the requirements of the Zoning Ordinance and the proposed changes will retain this conformance; and A preliminary plan of subdivision is not required; and A Conservation Plan has not been approved for the subject property. Requirements for Staff Level Review. The review shall be conducted within 30 days of receipt of a complete application. A complete application includes a completed application form; a description of how the criteria in Section 5B-116(b) have been met; the appropriate fee, if any; and a dimensioned plan showing the information required on the Staff Level Review plan checklist contained in the Environmental Technical Manual. In addition, information deemed necessary by the Planning Director or the Director's designee to show compliance with this Subtitle and the Zoning Ordinance may be required. Requirements for a Conservation Plan. A conservation plan is required when the criteria above in Section 5B-116(b) cannot be met for the activity proposed. The applicant shall submit to the Planning Department a completed application form, 23 folded prints of a dimensioned conservation plan prepared in accordance with the conservation plan checklist contained in the Environmental Technical Manual, and the appropriate fee. If the conservation plan has been prepared by a Property Line Surveyor, the horizontal location of all right-of-way lines, as shown on the plan, shall be certified by either a Professional Land Surveyor or a Professional Engineer. The plan shall be prepared at a scale of 1 inch = 50 feet or 1 inch = 30 feet. The conservation plan shall be referred to the Subdivision and Development Review Committee for review and comment. In addition, information deemed necessary by the Planning Director or the Director's designee to show compliance with this Subtitle and the County Code may be required. Planting agreement. When planting is proposed to meet the requirements of this Subtitle, a signed planting agreement shall be included on the plan. When a Conservation Plan is required, the property shall be posted with signs on-site for 30 days prior to the public hearing for plans approved by the Planning Board and for 30 days prior to the signature of the plan by the Planning Director or the Director's designee for reviews conducted by the Planning Director or the Director's designee. Posting of properties shall follow the provisions of Subtitle 27 with regard to the number of signs required, submittal of affidavit and all other applicable provisions. Planning Director Review. A conservation plan may be approved by the Planning Director or the Director's designee, if no variances to any provision of this Subtitle or the Zoning Ordinance are needed; the Conservation Plan is not associated with a subdivision application; and no request for a hearing by the Planning Board has been received. Planning Board Review. A conservation plan shall be reviewed and approved by the Planning Board if the criteria for a Staff Level Review or Planning Director Review cannot be met. Plan Validity Period. Once approved, a conservation plan is valid for three years. Staff Level Review approvals are also valid for three years. A valid approval is required in order to obtain permits. An extension of the approval may be granted by the original approval authority for a maximum of one year from the original expiration date. Minor and Major Revisions to Conservation Plans. A copy of the approved conservation plan, with proposed revisions indicated, shall be submitted to M-NCPPC. Staff of the M-NCPPC and the Department of Permitting, Inspections, and Enforcement shall review the proposed changes and make recommendations to the Planning Director or the Director's designee. If the Planning Director or the Director's designee determines that the proposed revisions are not minor, the proposal will either have to be changed or submitted as a Major Revision. Minor Revisions. Minor Revisions are those activities which do not result in a substantial change to the approved Conservation Plan. The following are Minor Revisions: Revision of a landscape plan where equal mitigation is provided. Revision of an area of disturbance where the change is less than five hundred (500) square feet provided that: The new disturbance will not create the need for an engineered erosion and sediment control plan. Disturbance will not occur in the Buffer. No forest areas protected by the approved plan will be cleared as a result of the proposed activity. No steep slopes will be altered. No Habitat Protection Areas will be affected. No tidal or non-tidal wetlands or wetland buffers will be affected. Revisions to the site design (e.g. materials or structure location) provided that the existing property is in conformance with the requirements of the Zoning Ordinance and the proposed change will retain this conformance. Revisions to the site design (e.g. materials or structure location) where the revision does not result in the lot coverage exceeding the maximum permitted for the site. Other revisions that the Planning Director or the Director's designee determines to be minor. Major Revisions. A Major Revision will be treated as a wholly new Conservation Plan. The Plan will require review by the Subdivision Review Committee and approval by the Planning Board or the Planning Director or the Director's designee, as appropriate. Building and Grading Permits. Applications for grading and building permits require a copy of all applicable plans, including but not limited to, an approved conservation plan, an approved planting plan (and agreement), and/or an approved buffer management plan. Prior to final approval of the grading or building permit plan, whichever comes first, the liber and folio of the Conservation Agreement shall be placed on the grading or building permit plan. Applications for grading and building permits shall also include a copy of an executed and recorded Conservation Agreement using the standard template that commits the existing and future property owners to the requirements and limitations of the approved plans. A copy of the template can be found in the Environmental Technical Manual. Once the Conservation Plan or Staff Level Review Plan has been approved, a pre-construction meeting must be held before a permit is issued. In addition, all applicable fees-in-lieu must be paid and a bond posted that includes the cost of implementing all required planting on the site or as mitigation off-site prior to permit issuance. No clearing of vegetation or grading shall occur until a permit has been issued. If grading or clearing occurs prior to the issuance of a permit, woodlands shall be replanted at the required rate for a violation for the full extent of the area of disturbance. It is the applicant's responsibility to arrange a preconstruction meeting through the Department of Permitting, Inspections, and Enforcement. The applicant shall submit copies of the approved Conservation Plan or Staff Level Review Plan to the grading inspector, building inspector and developer at the preconstruction meeting. The purpose of the on-site meeting is to assure that the site is developed in accordance with the approved Conservation Plan or Staff Level Review Plan. All sediment controls must be properly installed and limits of disturbance must be clearly delineated. Trees or other vegetation to be retained within the limits of disturbance must clearly be marked with surveyor's tape. Marking of individual trees shall be done with surveyor's tape. All protective devices shall be in place prior to the commencement of construction. Critical Area Planting Agreement and Bond. A Critical Area planting agreement consists of a signed agreement with a planting plan and, when required, a bond. A planting agreement is a required component of a Staff Level Review or a Conservation Plan to meet afforestation and reforestation standards and buffer establishment standards contained in this Subtitle. The Planting Agreement and, when required, a bond, must be approved and posted prior to issuance of a permit in the Critical Area. The Planting Agreement is based on the amount of required afforestation, reforestation, or Buffer establishment and shall meet the standards below. In the case of a Planting Plan to meet the requirements of Section 5B-121, additional detail may be required. A plan that shows the limit of disturbance, the total number and size of trees removed, if applicable, and the arrangement of the proposed planting; A landscape schedule showing the proposed species type, the quantity of plants, the size of plants, and the stock type that is proposed for installation that meets the planting credit standards contained in Section 5B-121, Tables (g)(2), (g)(3), and (g)(4); A maintenance plan that meets the requirements of Section 5B-121(l)(1)C and D; A signature of the responsible party; A signature that confirms the review and approval of the plan by the applicable agency depending on whether Staff Level Review or a Conservation Plan is required. Implementation of the planting agreement shall be required within two planting seasons. An extension of the planting agreement for one planting season may be obtained upon written request with accompanying justification demonstrating hardship or special conditions that prevented completion of the original planting agreement. Certificates of occupancy will not be issued without satisfactory implementation of the planting agreement or payment of a bond in the amount of the estimated cost of the required planting if a bond has not already been posted. Permittees are required to notify the Department of Permitting, Inspections, and Enforcement when the planting required by the planting agreement is complete and to request an inspection to verify implementation of the planting agreement. Execution of a planting bond is required for all non-residential applications and for all other applications when total cumulative quantities of required mitigation on a parcel or lot exceed 5,000 square feet. If implementation of the planting agreement on projects with less than 5,000 square feet of mitigation is not satisfactorily completed, a bond shall be required prior to issuance of a certificate of occupancy. Bond amounts are based upon the estimated base cost for planting, which shall be calculated using the schedule of fees, fines and penalties adopted by the County Council. The bond required for any reforestation or afforestation shall be the dollar figure resulting from the formula. Bonds posted to secure a temporary certificate of occupancy shall be 100 percent of the estimated base cost for planting trees. In the event the applicant breaches the Critical Area planting agreement, the applicant shall forfeit any bonds. The bonds shall be used by the county to restore the property. If no bond was required of if the bonds are insufficient to pay the costs of restoration, a lien shall be placed against the property for all monies due and owing to the county for performing necessary planting, maintenance, replacement of dead or dying plantings, and other costs and expenses. The length of time a bond shall be held is according to the required survival rates based on stocking type contained in Section 5B-121, Table (g)(4). Fees-in-Lieu. In the event reforestation or Buffer mitigation cannot be completely accommodated on-site as demonstrated on a Conservation Plan or Staff Level Review, the Department of Permitting, Inspections, and Enforcement may collect a fee-in-lieu prior to the issuance of any permit. Fees are paid at the Department of Permitting, Inspections, and Enforcement and made payable to Prince George's County. The fee-in-lieu for reforestation and fee-in-lieu for Buffer mitigation shall be held in separate restricted accounts. Fees-In-Lieu of Woodland and Developed Woodland Mitigation. If the planting requirements set forth in Section 5B-114(e), Section 5B-115(e), Section 5B-119 and Section 5B-121 for mitigation outside the Buffer cannot be met, a fee-in-lieu of mitigation in accordance with the following standards shall be collected prior to permit issuance: Fee-in-lieu monies shall be collected and held in a separate account; Fee-in-lieu shall be assessed at $1.50 per square foot of required mitigation; A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and Fee-in-lieu monies shall be used to support reforestation with the following order of preference: To reforest within the same watershed within the Critical Area; To reforest within the Critical Area; When all options for reforestation in the Critical Area are exhausted, consideration may be given to sites selected outside the Critical Area. In order for sites outside the Critical Area to be considered acceptable for reforestation, one of the following scenarios must be present: There is an ecological connection to the Critical Area. There is a significant resource that merits protection. There is a habitat area of special significance that is afforded no protection outside the Critical Area (i.e. Forest Interior Dwelling Bird habitat). Fees-In-Lieu of Buffer Mitigation. If the planting requirements set forth in this Subtitle cannot be met, the Department of Permitting, Inspections, and Enforcement shall collect a fee-in-lieu of mitigation in accordance with the following standards and Section 5B-119(d): Fee-in-lieu monies shall be collected and held in a separate account; Fee-in-lieu shall be assessed at $1.50 per square foot of required Buffer mitigation; A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and Fee-in-lieu monies shall be used as follows: To establish the Buffer on sites where planting is not a condition of development or redevelopment; For water quality and habitat enhancement projects as described in an agreement between the Department of Permitting, Inspections, and Enforcement, M-NCPPC and the Commission. Conservation Plan Review Fee. The fee schedule for the Department of Permitting, Inspections, and Enforcement review fees approved and submitted by the County Executive and adopted by County Council Resolution. Planning Department review fees are contained in a fee schedule approved by the Planning Board.

Subdivision Regulations and Procedures are found in Subtitle 24. Where the property proposed to be subdivided is located within the Chesapeake Bay Critical Area Overlay Zone, a Conservation Plan prepared in accordance with this subtitle shall be submitted for review by the Subdivision Review Committee and approval by the Planning Board or Planning Director or the Director's designee, prior to, or concurrent with, a preliminary plan of subdivision. Prior to its approval, the Planning Board, Planning Director, or the Director's designee shall find that the Conservation Plan is consistent with this subtitle and Subtitle 24 and that it contains provisions sufficient to minimize adverse impacts on the environment. Intra-family transfers are not allowed in the Critical Area. Intra-family transfers may be allowed outside the Critical Area for properties that are partially within the Critical Area, provided that the transfer must occur outside the Critical Area. A conservation plan shall be prepared to ensure that the property retains conformance with this subtitle and Subtitles 24 and 27.

Identification. Water dependent facilities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, and marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities. Excluded from this regulation are individual private piers installed or maintained by riparian landowners, and which are not part of a subdivision that provides community piers. General Policies. The policies of the County with regard to water-dependent facilities shall be to limit development activities in the Buffer to those that are water-dependent and provide by design and location criteria that these activities will have minimal individual and cumulative impacts on water quality and fish, wildlife and plant habitat in the Critical Area. Standards. The following standards shall apply to new or expanded development activities associated with water-dependent facilities: New or expanded development activities may be permitted in the Buffer in the I- D-O and L-D-O provided that it can be shown: That the use meets the definition of a water-dependent facility; That the project meets a recognized private right or public need; That adverse effects on water quality, fish, plant and wildlife habitat are minimized; That, insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the buffer; That the facilities are consistent with an approved Conservation Plan or Staff Level Review Plan as set forth herein; That the proposal conforms to all applicable Master and Sector plans, and Lot coverage in the Buffer does not exceed the minimum amount necessary for water-dependent facilities, regardless of the critical area classification or the size of the parcel or lot, except: for a variance granted in accordance with this Subtitle; or as provided in a waterfront revitalization area or a waterfront industrial area. Implementation. Applicants for new or expanded water-dependent facilities in I-D-O Zones or L-D-O Zones shall set out in the application how the above requirements are met. Evaluating plans for new and expanded water-dependent facilities. The following factors shall be considered when evaluating proposals for new or expanded water dependent facilities: That the activities will not significantly alter existing water circulation patterns or salinity regimes; That the water body upon which these activities are proposed has adequate flushing characteristics in the area; That disturbance to wetlands, submerged aquatic plant beds, or other areas of important aquatic habitats will be minimized; That adverse impacts to water quality that may occur as a result of these activities, such as non-point source run-off, sewage discharge from land activities or vessels, or from boat cleaning and maintenance operations, is minimized; That shellfish beds will not be disturbed or be made subject to discharge that will render them unsuitable for harvesting; That dredging shall be conducted in a manner, and using a method which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the critical area, generally; That dredged spoil will not be placed within the Buffer or elsewhere in that portion of the Critical Area which has been designated as a Habitat Protection Area except as necessary for: Backfill for permitted shore erosion protection measures; Use in approved vegetated shore erosion projects; Placement on previously approved channel maintenance spoil disposal areas; and Beach nourishment. That interference with the natural transport of sand will be minimized; and That disturbance will be avoided to historic areas of waterfowl staging and concentration or other Habitat Protection Areas identified in the Habitat Protection Area section of this Subtitle. Availability of information. The information necessary for evaluating the above factors, if not available locally, shall be obtained from appropriate State and Federal agencies. Marinas and other commercial maritime facilities. New, expanded or redeveloped marinas may be permitted in the Buffer within I-D-O Zones and L-D-O Zones subject to the requirements set forth in this section. New marinas or related maritime facilities may not be permitted in the Buffer within R-C-O Zones except as provided in this section. Expansion of existing marinas may be permitted within R-C-O Zones provided that it is sufficiently demonstrated that the expansion will not adversely affect water quality, and that it will result in an overall net improvement in water quality at or leaving the site of the marina. New and existing marinas shall meet the sanitary requirements of the Department of the Environment as required in COMAR 26.04.02. New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters. Community piers. New or expanded community marinas and other non-commercial boat-docking and storage facilities may be permitted in the Buffer subject to the requirements in Zoning Ordinance provided that: These facilities may not offer food, fuel, or other goods and services for sale and shall provide adequate and clean sanitary facilities; The facilities are community-owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision; The facilities are associated with a residential development approved by the County for the Critical Area and consistent with all State requirements and Program requirements for the Critical Area; Disturbance to the Buffer is the minimum necessary to provide a single point of access to the facilities; and If community piers, slips, or moorings are provided as part of the new development, private piers in the development are not allowed. Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of (1) or (2) below: One slip for each 50 feet of shoreline in the subdivision in the Intensely Developed and L-D-O Zones and one slip for each 300 feet of shoreline in the subdivision in the R-C-O Zone; or A density of slips or piers to platted lots or dwellings within the subdivision in the Critical Area according to the following schedule: Platted Lots or Dwellings in the Critical Area Slips Up to 15 1 for each lot 16—40 15 or 75% whichever is greater 41—100 30 or 50% whichever is greater 101—300 50 or 25% whichever is greater Over 300 75 or 15% whichever is greater Public beaches and other public recreation or education areas. Public beaches or other public water-oriented recreation or education areas including, but not limited to, publicly owned boat launching and docking facilities and fishing piers may be permitted in the Buffer in I-D-O Zones. These facilities may be permitted within the Buffer in L-D-O Zones and R-C-O Zones provided that: Adequate sanitary facilities exist; Service facilities are, to the extent possible, located outside the Buffer; Permeable surfaces are used to the extent practicable, if no degradation of groundwater would result; Disturbance to natural vegetation is minimized; and Areas for possible recreation, such as nature study, and hunting and trapping, and for education, may be permitted in the Buffer within R-C-O Zones if service facilities for these uses are located outside of the Buffer. Research areas. Water-dependent research facilities or activities operated by State, Federal, or local agencies or educational institutions may be permitted in the Buffer, if non-water-dependent structures or facilities associated with these projects are, to the extent possible, located outside of the Buffer. Fisheries activities. Lands and water areas with high aquaculture potential will be identified by the County in cooperation with the State when applications for new or expanded fisheries or aquaculture facilities in these areas are submitted to the County. These areas are encouraged for that use and if so used, should be protected from degradation by other types of land and water use or by adjacent land and water uses. Commercial water-dependent fisheries including, but not limited to structures for crab shedding, fish off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations and fisheries activities may be permitted in the Buffer in I-D-O Zones, L-D-O Zones and R-C-O Zones.

General Policies. The following policies for woodland protection recognize the value of forested land for its water quality benefits and for habitat protection while accommodating the utilization of forest resources where appropriate: Maintain and increase the forested vegetation in the Critical Area; Conserve forests and developed woodlands and provide for expansion of forested areas; Provide that the removal of trees associated with development activities shall be minimized and, where appropriate, shall be mitigated; and Recognize that woodlands are a protective land use and should be managed in such a manner so that maximum values for wildlife, water quality, timber, recreation, and other resources can be maintained, even when they are mutually exclusive. Policies for the Protection of Riparian and Woodland Habitat. The following policies apply to the protection of riparian habitat: Vegetation shall be maintained in its natural condition along all streams to provide wildlife corridors and it shall be established where it does not currently exist. A minimum 100-foot Buffer shall extend landward from the mean high water line of tidal water, and the edge of tributary streams and tidal wetlands. This area is to be conserved for wildlife protection. Wooded non-tidal wetlands should be left in a natural state for wildlife and water quality protection. Woodland areas utilized as breeding areas by forest interior dwelling birds and other wildlife species shall be conserved. Existing riparian woodlands and/or which are documented breeding areas shall be conserved. Process. If a woodland is to be developed or to be harvested, a site-specific field investigation shall be conducted to determine if important sensitive species are present and to make sure that appropriate protection measures are incorporated into the development plan or Forest Management Plan. When development activities are proposed within riparian woodlands or woodland areas utilized as breeding areas by forest interior dwelling birds (FIDS), the Critical Area Commission publication entitled, A Guide to the Conservation of Forest Interior Dwelling Birds in the Chesapeake Bay Critical Area, dated June 2000, and as may be subsequently amended, shall be used as a guide. In addition, the Department of Natural Resources will make specific recommendations based on an evaluation of the site and the proposed development or forest management. The following development standards shall apply: Minimize disturbance during the May-August breeding season (i.e. from off-road vehicles, intensive use or logging). Focus all development or disturbance on the periphery of woodlands (i.e. roads, utility line corridors, structures). Retain the contiguous cover of branches and foliage formed by the crowns of adjacent trees and shrubs underneath the canopy which serve as bird nesting and feeding habitat. Retain standing dead trees (e.g. snag trees) and mature seed trees which serve as bird nesting and feeding habitat. Discourage creation of small clearings and disproportionate expansion of edge habitat. Encourage re-establishment of native forests and woodlands; and Adopt harvest techniques to maintain or improve habitat. The replacement or establishment of forest or developed woodlands should ensure a diversified plant community and should include canopy trees, understory trees, shrubs and herbaceous plants. Native species should be used for all reforestation and afforestation. Fees-In-Lieu of Woodland and Developed Woodland Mitigation. If the planting requirements set forth in Section 5B-114(e), Section 5B-115(e), Section 5B-119 and Section 5B-121. cannot be met, a fee-in-lieu of mitigation shall be collected in accordance with the following standards: Fee-in-lieu monies shall be collected and held in a separate account; Fee-in-lieu shall be assessed at $1.50 per square foot of required mitigation; A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and Fee-in-lieu monies shall be used to support reforestation in accordance with Section 5B-114(k). Enforcement. Unauthorized clearing, cutting, or removal of vegetation; unauthorized clearing in the Critical Area, cutting or removal of vegetation in the Buffer; and clearing, cutting or removal of vegetation in excess of the area permitted to be cleared by this Subtitle are considered a civil violation of this Subtitle and shall result in fines as set forth in Section 5B-111 of this Subtitle and mandatory planting. The Director of Permitting, Inspections, and Enforcement, or the Director's designee, shall have the authority to issue a citation. Unauthorized clearing of natural or developed woodland, and clearing, cutting, or removal of vegetation outside the Critical Area Buffer, including exceeding the maximum area of clearing allowed through an approved Conservation Plan as described in Section 5B-119, shall be replanted at three times the total area of clearing (3:1). Unauthorized clearing of natural or developed woodland, and clearing, cutting, or removal of vegetation within the Critical Area Buffer or other Habitat Protection Areas, including exceeding the maximum area of clearing allowed through an approved Conservation Plan as described in Section 5B-121, shall be replanted at four times the total area of clearing (4:1). When trees or vegetative cover cannot be fully replaced on-site because of existing vegetation, existing development, or the size of the parcel, then a fee-in-lieu of planting may be collected. Fees shall be assessed at $1.50 per square foot of required mitigation. Fines collected from enforcement actions in the Critical Area shall be maintained in a separate account to be used for reforestation or other habitat enhancing efforts. Commercial Timber Harvesting. Commercial harvesting of trees is permitted in the Critical Area with the exception of areas within the Buffer and in Habitat Protection Areas. A Forest Management Plan is required for all commercial harvests regardless of size of the area to be cut. The Plan shall be prepared by a registered professional forester and approved using the process outlined in the Woodland and Wildlife Habitat Conservation Ordinance (Subtitle 25 of the County Code). The plan shall address mitigation through management techniques including scheduling; size and intensity of harvesting; and reforestation and stabilization. Commercial harvesting practices shall be conducted to protect and conserve the Buffer and Habitat Protection Areas.

Description. Habitat Protection Areas in the Critical Area are designated for protection and include the following seven habitats: The Critical Area Buffer; Habitat of Threatened and Endangered Species and Species in Need of Conservation; Plant and Wildlife Habitat Protection Areas; Nontidal Wetlands; Anadromous Fish Propagation Waters; Natural Heritage Areas; and Colonial water bird nesting areas, aquatic areas of historic waterfowl concentration, and forest areas with breeding populations of forest interior dwelling species. Identification. At the time of submittal of a development application, the applicant shall identify habitat protection areas as described in Section 5B-116. Protection Measures. Protection measures for habitat areas within specific sites are developed and enforced through an approved conservation plan.

Identification of the Critical Area Buffer. The Buffer shall be identified, and the applicable standards applied, on all lands on which a development activity or a change in land use is proposed when the lands are adjacent to tidal waters, tributary streams, and tidal wetlands. The applicant shall be responsible for ensuring that the Buffer is accurately identified and delineated on all submittals for review. In any Prince George's County Critical Area Overlay Zone the Buffer is composed of the primary and secondary buffers as defined below: A Primary Buffer is an area one hundred (100) feet from: the mean high water line of tidal waters; the edge of the bank of tributary streams; and the landward extent of tidal wetlands for each feature measured separately. In the R-C-O, the Primary Buffer shall be two hundred (200) feet as described in section (d) below and shall be measured in the same manner as described above. The Secondary Buffer includes areas contiguous to the Primary Buffer that are essential for the Buffer to perform all of its integral functions, including: A steep slope at a rate of four feet for every one percent of slope or the entire steep slope to the top of the slope, whichever is greater; A nontidal wetland to the upland boundary of the nontidal wetland; The 100-foot buffer that is associated with a Nontidal Wetland of Special State Concern as stated in COMAR § 26.23.06.01; The 100-year floodplain; For an area of hydric soils or highly erodible soils, the lesser of: The landward edge of the hydric soils or highly erodible soils; or Three hundred feet where the 300 foot expansion area includes the minimum 100-foot Primary Buffer and is measured from the features as described in (A) above. Critical Area Buffer Function: Provide for the removal or reduction of sediments, nutrients, and potentially harmful or toxic substances in runoff entering the Bay and its tributaries. Minimize the adverse effects of human activities on wetlands, shoreline, stream banks, tidal waters, and aquatic resources. Maintain an area of transitional habitat between aquatic and upland communities. Maintain the natural environment of streams. Protect riparian wildlife habitat. Critical Area Buffer Delineation. An applicant for a development activity or a change in land use shall delineate on all plans the primary and secondary buffers as defined in (a) above. Buffer Establishment for New Subdivisions and Changes in the Proposed Use in the R-C-O. Applications for a subdivision or for a proposed change in the use of the subject property requiring conservation plan approval shall include: On land located within the R-C-O, plans shall show the delineation of: Primary and Secondary Buffers in accordance with section (a) above; or A Primary Buffer of at least 200 feet from a tidal waterway or tidal wetlands; and a Primary Buffer of at least 100-feet from a tributary stream. The provisions of subsection (1) above do not apply if the application involves the use of growth allocation. Permitted Activities. New development is permitted in the Buffer associated with a water-dependent activity as noted in the Zoning Ordinance or for shore erosion control measures as described in Section 5B-124. All other uses and structures are prohibited within the Buffer, except where an appropriate variance has been requested and approved by the Planning Board. Buffer Establishment in Vegetation. Except for the in-kind replacement of a principal structure, those applications listed in Subsection (1) below that occur outside the Buffer and that are located on a riparian lot or parcel that includes Critical Area Buffers to tidal waters, tidal wetlands, or tributary streams, an applicant shall establish the Buffer in vegetation and provide a Buffer Management Plan in accordance with this section. The provisions of this section apply to: A new subdivision or a new lot; A lot or parcel that is converted from one land use to another; or Development on a lot or a parcel created before January 1, 2010. Table (f)(2) Required Area of Buffer Establishment Development Category Buffer Establishment Required New Development on a Vacant Lot ⇐Fully Establish the Buffer⇒ New Subdivision or New Lot ⇐Fully Establish the Buffer⇒ New Lot With An Existing Dwelling Unit ⇐Buffer Establishment is Based on Total Lot Coverage⇒ Conversion of a Land Use on a Parcel or Lot to Another Land Use ⇐Fully Establish the Buffer⇒ Addition or Accessory Structure ⇐Increase the Buffer Vegetation Based on Net Increase in Lot Coverage⇒ Substantial Alteration ⇐Increase the Buffer Vegetation Based on Total Lot Coverage⇒ If the Buffer is not fully forested at the time of application, the area of the Buffer required to be established through planting shall be in accordance with the Table (f)(2). Per Table (f)(2) where the Buffer is to be increased using total lot coverage proposed, the minimum amount of planting in the Buffer shall be equal to the amount of Critical Area lot coverage proposed. Where the Buffer is to be increased using the net increase in lot coverage proposed, the minimum amount of additional planting in the Buffer shall be equal to the amount of the net increase Critical Area lot coverage proposed. Applicants for development as set forth in Subsection (1) above shall obtain approval from the Planning Director or the Director's designee of a Buffer Management Plan that meets the following standards: The Plan shall be developed in accordance with the planting standards set forth in section (g) below; For new subdivisions the Plan shall include the installation of signs delineating the upland boundary of the Buffer at a ratio of at least one sign per lot or per 200 feet of shoreline, whichever is applicable; and The financial assurance required in section (j) below may not be released until the entire area of the Buffer contains at least 300 viable native woody stems per acre. For Buffer establishment that exceeds one acre, the Buffer Management Plan may allow natural regeneration up to 50% of the area required for establishment if: The entirety of the natural regeneration area is within 50 feet of a mature forest that contains a seed bank of native species adequate for natural regeneration; The Plan includes a supplemental planting plan for implementation if necessary; and The financial assurance period is at least seven years. Mitigation and planting standards. A Buffer Management Plan shall meet the following planting and mitigation standards: As appropriate to the site, the Plan shall: Prohibit the creation of new lawn or turf areas onsite in the Buffer; Use native species; Require the stabilization of the ground with mulch or non-invasive ground cover or both; Ensure the survival of all nursery stock for at least two years; Ensure the survival of flexible stock in accordance with Table (g)(4) - Flexible Stocking Standards; and Locate all mitigation in the Buffer in a manner that provides optimum habitat and water quality benefits. Credits for planting shall be based on the type and size of the vegetation and the maximum composition as set forth in the table below: Table (g)(2) Nursery Stock Credits Vegetation Type (Species) Minimum Size Credit (Square Feet) Maximum Composition Canopy Tree 2" caliper and 8' high 200 Canopy Tree 1" caliper and 6' high 100 Understory Tree 1" caliper and 6' high 75 Large Shrub 1 gallon and 4 feet high 50 30% Small Shrub 1 gallon and 18" high 25 20% Herbaceous perennials * 1 quart 2 20% Planting Cluster 1 * 1 Canopy Tree plus 3 Large Shrubs or 6 Small Shrubs of sizes listed above 300 Planting Cluster 2 * 2 Understory Trees plus 3 Large Shrubs or 6 Small Shrubs of sizes listed above 350 * These options are only available for Buffer mitigation of less than 1 acre. The Plan may allow the combination of the planting and mitigation standards found in Table (g)(2) - Nursery Stock Credits in paragraph (2) and Table (g)(3) - Flexible Stocking Table in paragraph (4) in accordance with the Combination Planting Table below: Table (g)(3) Combination Planting Standards Requirement Amount Options Establishment Less than ¼ acre Nursery stock according to Table (2) for the entire area Greater than ¼ acre ≤ 1 acre At least 50% of the area in nursery stock according to Table (2), the remainder according to Table (4) Greater than 1 acre to ≤ 5 acres At least 25% of the area in nursery stock according to Table (2), the remainder according to Table (4) Greater than 5 acres At least 10% of the area in nursery stock according to Table (2), the remainder according to Table (4) Mitigation Less than 1 acre Nursery stock according to Table (2) for the entire area 1 Acre or greater At least 50% of area in nursery stock according to Table (2), the remainder according to Table (4) Plant stocking for establishment and mitigation that uses the combination planting table above shall stock the remainder using only types of planting stock in accordance with the Flexible Stocking Table below: Table (g)(4) Flexible Stocking Standards Stock Size (Trees Only) Number per Acre Required Survival Rate Required Survival Prior to Release of Financial Assurance Bare-root seedling or whip 700 50% 350 per acre 5 years ½" to 1" Container grown trees 450 75% 337 per acre 2 years Greater than 1" container grown trees 350 90% 315 per acre 2 years Calculating Required Mitigation for Authorized Disturbance Or Clearing. Buffer mitigation shall be based on the area of the Buffer that is disturbed or developed and the ecosystem function lost and shall be calculated as follows: Mitigation for individual trees removed without disturbance to other vegetation is based on the diameter of the tree at 4.5 feet above the ground surface and is required at a rate of 100 square feet for every one inch of diameter if the tree is greater than two-inches in diameter. Mitigation for any clearing of other vegetation, including trees and woody vegetation less than two inches in diameter, and for development activity within the Buffer is based on the square footage disturbed and is required at the ratios set forth in the table below: Table (h)(2) Mitigation Ratios for Authorized Development Activities Activity Mitigation Ratio Shore erosion control 1:1 Riparian water access 2:1 Development or redevelopment of water-dependent facilities 2:1 Variance 3:1 Mitigation for clearing or development activity affecting woodlands or developed woodlands within the Buffer is based on the number of trees removed plus the area disturbed for the development activity, and is the sum of the mitigation specified in standards (1) and (2) above. Based on the development activity that is proposed, these ratios may be cumulative. Mitigation ratios for a violation in the Critical Area are provided in Section 5B-119(e) and may also be cumulative. Mitigation for the removal of dead, diseased, or dying trees is based on each tree removed and is required at one tree for each tree removed. Mitigation for the removal of invasive species is based on the area disturbed and is required at a one-to-one ratio. Locating Buffer mitigation. Mitigation plantings shall be located on-site within the Buffer, unless this is not feasible due to site constraints. The following alternatives may be used in the following order of priority: On-site and adjacent to the Buffer; On-site and elsewhere within the Critical Area; Off-site in the Critical Area and in the same watershed; Off-site in the Critical Area; or Payment of a fee-in-lieu of mitigation as described in Section 5B-119(n) of this Subtitle. Required Submittal of Buffer Management Plans. When the Buffer is required to be established or mitigation is required for disturbance to the Buffer, a Buffer Management Plan is required. A Buffer Management Plan may be a Simplified Plan or a Standard Plan as described in section (k) and (l) below. Both the Simplified Plan and Standard Plan must be approved by the Planning Director or the Director's designee in accordance with the standards described in sections (k) and (l) below with the approval of either a conservation plan or staff level review as appropriate. A Buffer Management Plan is required when the Buffer must be established per Sections (f) and (g) of this Division. The Plan must be submitted with all other application materials and clearly specify the area to be planted and state if the applicant is: Fully establishing the Buffer; Partially establishing an area of the Buffer equal to the net increase in lot coverage, or Partially establishing an area of the Buffer equal to the total lot coverage. A Buffer Management Plan shall also be required for any disturbance to the Buffer that results from the approval or issuance of the following including mitigation for a violation: A variance; A subdivision; A site plan; A shore erosion control permit as required under COMAR 26.24.01; A building permit; A grading permit; or A special exception. Simplified Buffer Management Plan. The Planning Director or the Director's designee may approve a Simplified Buffer Management Plan for the following activities: To provide an access path to a private pier or to the shoreline that is no wider than three feet; To cut a tree that is in imminent danger of falling and causing damage to a dwelling or other structure, To cut a tree which is in danger of falling and causing blockage to a stream; To cut a tree which may accelerate shoreline erosion; To perform a horticultural practice to maintain the health of an individual tree; To manually remove invasive or noxious vegetation; and To establish up to 500 square feet of vegetation in the Buffer if required for development activities located outside the Buffer per Section (f) above. An application for a Simplified Buffer Management Plan includes the following minimum information: For activities in subsection (1)(a) through (1)(f): A brief statement describing the activity, how it will be accomplished (i.e. chainsaw, hand removal, etc.), and the anticipated date of the work; Proposed mitigation; Proposed mitigation planting date; and Signature of the responsible party. For establishment of up to 1,000 square feet of vegetation in the Buffer a plan showing the proposed species type, the quantity of plants, the size of plants, and the stock type that is proposed for installation. Standard Buffer Management Plan. A Standard Buffer Management Plan is required for development activities described in Section (j) above that exceed the limitations for Simplified Buffer Management Plans. The requirements for a standard Buffer Management Plan may be shown on a conservation plan or on a separate plan if a conservation plan is not required. Standard Buffer Management Plans are approved by the Planning Director or the Director's designee. A Standard Buffer Management Plan must include all of the following information: A plan that shows the limit of disturbance, the total number and size of trees removed, if applicable, and the arrangement of the proposed planting; A landscape schedule showing the proposed species type, the quantity of plants, the size of plants, and the stock type that is proposed for installation; For planting requirements that do not exceed 5,000 square feet: The anticipated planting date; A maintenance plan that includes: Practices to control invasive species and pests and minimize herbivory; The signature of a responsible party; Provisions for monitoring and reinforcement planting if survival rates fall below those required in this Subtitle; A signature that confirms the review and approval of the maintenance plan by the Planning Director or the Director's designee. A statement that grants permission to DPW&T and M-NCPPC to enter the property to inspect the plantings at appropriate times. For planting requirements that exceeds 5,000 square feet: The anticipated planting date, which for establishment shall be prior to issuance of any permit; A maintenance plan that includes: Provisions necessary to ensure the survival of the planting; Practices to control invasive species and pests and minimize herbivory; The signature of a responsible party; Provisions for monitoring and reinforcement planting if survival rates fall below those required in 5B-119(g); and A signature that confirms the review and approval of the maintenance plan by the Planning Director or the Director's designee. A statement that grants permission to DPW&T and M-NCPPC to enter the property to inspect the plantings at appropriate times. A long-term protection plan that includes: Deed restrictions, plat notes, easements, or other agreements required by the County to ensure the protection of Buffer vegetation in accordance with the provisions of this section; The signature of the property owner or developer; Evidence of financial assurance accepted by the local jurisdiction before final approval of a subdivision or site plan that covers the planting and survivability requirement; Provisions for monitoring and reinforcement planting if survival rates fall below those required in this Chapter; and A signature that confirms the review and approval of the maintenance plan by the Planning Director or the Director's designee. Upon Subdivision Approval. Prior to final plat recordation, an applicant shall: Post permanent signs delineating the upland boundary of the Buffer at a ratio of at least one sign per lot or per 200 linear feet of shoreline, whichever is applicable; Provide evidence that the signs have been installed; and Each sign required under paragraph (A) of this subsection shall: Be at least 11 inches in width and 15 inches in height; Be placed at a height of 4.5 feet, but not attached to a tree; and Clearly state "Critical Area Buffer - No clearing or disturbance permitted". The final plat shall delineate a conservation easement for the Buffer. Prohibitions. The Planning Board may not grant a variance to the planting and mitigation standards described in this subtitle. DER may not issue a final use and occupancy permit to an applicant for a permit listed under subsection (j)(2) unless the applicant: Completes the implementation of a Buffer Management Plan; or Provides financial assurance to cover the costs for: Materials and installation; and Long-term survivability in accordance with the requirements of subsection (l)(l)(D) above. Fees-In-Lieu of Buffer Mitigation. If the planting requirements set forth in sections (f), (g)(2) through (4)and (h) of this chapter cannot be met, DPW&T shall collect a fee-in-lieu of mitigation in accordance with the following standards and Section 5B-119(d): Fee-in-lieu monies shall be collected and held in a separate account; Fee-in-lieu shall be assessed at $1.50 per square foot of required Buffer mitigation; A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and Fee-in-lieu monies shall be used as follows: To establish the Buffer on sites where planting is not a condition of development or redevelopment; For water quality and habitat enhancement projects as described in an agreement between DPW&T, M-NCPPC and the Commission. Shore Erosion Control Projects. Shore erosion control measures are permitted activities within the Buffer in accordance with the following requirements: An applicant for a shore erosion control project that affects the Buffer in any way, including, but not limited to access, vegetation removal and pruning, or backfilling shall submit a Buffer Management Plan in accordance with the requirements of this chapter; and Comply fully with all of the policies and criteria for a shore erosion control project stated in COMAR 27.01.04 and COMAR 26.24.06.01. Agriculture in the Buffer. Agricultural activities within the Buffer are subject to the limitations and standards of 5B-102.

Identification. Nontidal wetlands shall be delineated in the field according to the Federal Manual. The applicant shall be responsible for ensuring that nontidal wetlands are accurately identified and delineated on all plan submittals. Functions of nontidal wetlands: Removal or reduction of sediments, nutrients, and potentially harmful or toxic substances in runoff entering the Bay and its tributaries; Control, infiltration, and absorption of floodwaters associated with extreme high tides and storm events; Minimize the adverse effects of human activities on waterways and aquatic resources; Maintain an area of transitional habitat between aquatic and upland communities; Maintain the natural environment of streams; Provide wildlife habitat for wetland species. Standards for non-tidal wetland protection. In addition to the standards set forth in this Subtitle for protection of the Buffer and expansion of the Buffer for nontidal wetlands, development activity affecting nontidal wetlands shall comply with the following standards: New development activity is prohibited in nontidal wetlands unless the development activity is water dependent and requires access to a nontidal wetland as a central element of its basic function, or is not water dependent, and has no practicable alternative; A 25-foot buffer shall be established around all nontidal wetlands. A 100-foot-wide buffer shall be established around all wetlands of special state concern. Development activities or other activities that may disturb the wetlands or the wildlife contained therein, shall be prohibited unless it can be shown that these activities will not adversely affect the wetland. This requirement is not intended to restrict the grazing of livestock in these wetlands; The hydrologic regime and water quality of identified nontidal wetlands shall be protected by providing that development activities or other land disturbances in the drainage area of the wetlands shall minimize alterations to the surface or subsurface flow of water into and from the wetlands and not cause impairment of the water quality or the plant and wildlife and habitat value of the wetland; New development activity will first avoid and then minimize adverse impacts to the nontidal wetland based on consideration of existing topography, vegetation, fish and wildlife resources, and hydrological conditions; New development activity affecting nontidal wetlands must be designed so that it does not cause or contribute to a degradation of ground waters or surface waters; and Development activity permitted in accordance with these standards must be consistent with any comprehensive watershed management plan developed or approved by the Department under Environment Article, §5-908, Annotated Code of Maryland. Review process. Applicants for approval of development projects that involve disturbance or alteration to nontidal wetlands or the 25-foot buffer shall require a variance and shall demonstrate: That proposed impacts are unavoidable; That alternative proposals were evaluated; and That mitigation measures will be provided. Mitigation measures shall provide water quality benefits and plant and wildlife habitat equivalent to those of the wetland destroyed or altered and shall be accomplished, to the extent possible, on site or near the affected wetland.

Habitat Protection Area Functions: Protect threatened and endangered species, those species in need of conservation and their habitats, which occur in the Critical Area; Conserve wildlife habitat in the Critical Area; Protect those wildlife habitats that tend to be least abundant or which may become so in the future if current land-use trends continue; Protect those wildlife habitat types which are required to support the continued present of various species; Protect those wildlife habitat types and plant communities which are determined by the County to be of local significance; and Protect Natural Heritage Areas. Habitat Protection Areas Identified. An applicant shall request review by the Department of Natural Resources Wildlife and Heritage Service (DNR-WHS) to identify the habitats listed below and provide copy of the review as evidence with the Conservation Plan, including; Threatened or endangered species or species in need of conservation, Colonial water bird nesting sites; Historic waterfowl staging and concentration areas in tidal waters, tributary streams or tidal and non-tidal wetlands; Existing riparian forests (example: relatively mature forests of at least 300 feet in width which occur adjacent to streams, wetlands, or the bay shoreline and which are documented breeding areas); Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species); Other areas which may, in the future, be identified by the State and Federal agencies as important plant and wildlife habitat areas; Other plant and wildlife habitats determined to be of local significance; and Natural Heritage Areas which have been designated based on consultation with the (DNR WHS). If any habitats are identified on a project site, the applicant shall be responsible for including measures on the Conservation Plan that protects and conserves the species and habitats identified as recommended by DNR WHS adequate to provide for long-term conservation and can be implemented on the specific site. The M-NCPPC, in consultation with appropriate State and/or Federal agencies and in consultation with local agencies will verify that the ecological and areal requirements of the species of habitat are adequate for protection. Standards. The following standards shall apply to the Conservation Plan for the habitats listed above: Any development or significant land use change of property which may contain plant or wildlife habitat areas listed above will require a site specific survey. The survey shall be submitted along with design plans and a written description of the measures the property owner proposes to take to protect the habitats identified. The site survey will be based on an evaluation zone created around each known site of a rare, threatened or endangered species in which new development activities or other disturbances shall be prohibited unless it can be shown that the activities will not have or cause adverse impacts on the species. In the case of bird and mammal species, this evaluation zone shall be a two thousand (2,000) foot radius. In the case of other wildlife species, this evaluation zone shall be a two hundred (200) foot radius. In the case of fish species, this evaluation zone shall include all contiguous waters within two thousand (2,000) feet and the specified buffers. In the case of plant species, this evaluation zone shall be a two hundred (200) foot radius. In the case of Natural Heritage Areas, this evaluation zone shall be set by boundary of the Natural Heritage Area. For development activities in L-D-O and R-C-O, Conservation Plans shall establish wildlife corridors to be used to connect areas left in forest cover with any large forest tracts which are located outside of the area of the property being developed or subdivided. The area left in forest cover (at least 70 percent of the tract in L-D-Os or R-C-Os as required by this Subtitle) shall be adjacent to larger forest, not left as an isolated island of trees. Planting required as a mitigation measure shall also be adjacent to other habitat. New water-dependent facilities shall be located to prevent disturbance to sites of significance to wildlife such as historic, aquatic staging and concentration areas for waterfowl. The following restrictions apply to Water Dependent Facilities: Unless unavoidable, as determined by the Planning Board, new water dependent facilities shall not be placed within or adjacent to waterfowl conservation areas. If a new facility must be placed, its use shall be limited to the extent practicable during the period from November through March to avoid waterfowl disturbance. Protection measures, including a buffer area, shall be established where appropriate, for other plant and wildlife habitat sites identified in this Subtitle. Forested areas required to support wildlife species identified as threatened and endangered, or in need of conservation, shall be protected and conserved by developing management programs which have as their objective, conserving the wildlife that inhabit or use the areas. Development activities, or the clearing or cutting of trees which might occur in the areas, shall be conducted so as to conserve riparian habitat, forest interior wildlife species and their habitat. Management measures may include incorporating appropriate wildlife protection elements into Timber Harvest Plans, Forest Management Plans, cluster zoning or other site design criteria which provide for the conservation of wildlife habitat. Measures may also include Soil Conservation Plans which have wildlife habitat protection provisions appropriate to the areas defined above, and incentive programs which use the acquisition of easements and other similar techniques. The following specific standards also apply: Bald Eagle Protection Standards. A three-zone protection area of one-quarter (1/4) mile (1,320') in radius around each Bald Eagle nest shall be established and the Conservation Plan shall include the following recommended protection measures: Zone 1 shall include the area extending from the nest out to a radius of three hundred-thirty (330) feet from the nest. In this zone, timber cutting, land clearing and development activities are prohibited. Hiking, fishing and agricultural activities may be permitted from June 16 to December 14. These activities and human activities in general should not be permitted in this zone from December 15 to June 15. Zone 2 extends from the outer limit of Zone 1 to a radius of six hundred-sixty (660) feet from the nest. In this zone, major habitat changes should be avoided, including clear-cutting, land clearing and development activity. Hunting, hiking, fishing and agricultural activities may be permitted from June 16 to December 14. These activities and human activity in general should not be permitted in this zone from December 15 to June 15. Agricultural activities may be permitted if Department of Natural Resources data indicate that the nesting eagles are tolerant of these activities. From August 16 to November 14, selective thinning and maintenance of timber stands and building and road maintenance may be permitted. Zone 3 extends from the outer limit of Zone 2 to a radius of one thousand three hundred-twenty (1,320) feet from the nest. Timber cutting, land clearing and development activities should be restricted from December 15 to June 15. Other activities in this zone that are within sight of the eagles on the nest may need to be restricted during this time period in accordance with the Department of Natural Resources' recommendations. If a Bald Eagle nest has not been used for three successive nesting seasons, any protective regulations applied to the specific site may be removed after verification by the Department of Natural Resources that the nest has been abandoned. Forest Interior Dwelling Species Protection Standards. When proposing development activities within riparian forests or forest areas utilized as breeding areas by forest interior dwelling birds, applicants shall follow the guidance found in the Critical Area Commission publication entitled, A Guide to the Conservation of Forest Interior Dwelling Birds in the Chesapeake Bay Critical Area, dated June 2000, and as may be subsequently amended. In addition, the Department of Natural Resources may make specific recommendations based on an evaluation of the site and the proposed development. The following (BMPs) (BMPs) shall apply to Forests with Interior Dwelling Bird Species: Minimize disturbance during the May-August breeding season (i.e. from off-road vehicles, intensive public use, or logging). Focus the development or disturbance on the periphery of the area (i.e. roads, utility line corridors, structures). Retain the contiguous cover of branches and foliage formed by the crowns of adjacent trees and shrubs underneath the canopy (e.g. understory vegetation). Retain standing dead trees (e.g. snag trees) which serve as bird nesting and feeding habitat. Discourage creation of small clearings and disproportionate expansion of forest edge habitat. If a forest area is temporarily cleared, it shall be allowed to return to native forest vegetation. Timber harvesting techniques to maintain or improve habitat for forest interior dwelling bird species shall be used. Colonial Water Bird Nesting Sites Protection Standards. Buffer areas for colonial water bird (heron, egret, tern, and glossy ibis) nesting sites shall be established (if such birds are found to exist in the Critical Area) so that these sites are protected from the adverse impacts of development activities and from disturbance during the breeding season. In designated colonial waterbird nesting sites, the following guidelines shall apply: A large enough buffer shall be maintained so that a person walking the perimeter will not cause disturbance. This buffer shall be a minimum of 200 feet. Access to the buffer shall be prohibited during the nest building and incubation periods, from February through April. During February through April, noise shall be minimized in areas adjacent to the buffer. Use of chain saws and large grading machinery such as bulldozers shall be prohibited. The use of agricultural equipment may be exempted. Natural Heritage Area Protection Standards. Natural Heritage Areas shall be protected from alterations due to development activities or cutting or clearing so that the structure and species composition of the areas are maintained. The following areas within the Critical Area of the County are officially identified and designated as Natural Heritage Areas: Patuxent Marshes Magruder's Landing Development activities or cutting and clearing in Natural Heritage Areas shall be prohibited unless an analysis is performed and measures proposed to mitigate any adverse impacts of the proposed activities. The analysis and mitigation measures shall be prepared by qualified professionals (e.g. ornithologists, zoologists, environmental engineers and planners) at the expense of the applicant and shall address the expected effects on the natural environment within the Natural Heritage Area. The analysis shall be submitted to M-NCPPC which will then submit it to the State Department of Natural Resources for review and comment. Upon receiving said comment and, if appropriate, upon seeking the advice of expert consultants, M-NCPPC shall find against or in favor of the activities or may make suggestions for changing the analysis and ask the applicant to resubmit the analysis. The initial review between M-NCPPC and State Department of Natural Resources should be completed within sixty (60) days from submission. Anadromous Fish Propagation Waters. Within anadromous fish propagation watersheds, the following measures are required: The installation or introduction of concrete riprap or other artificial surfaces onto the bottom of natural streams shall be prohibited unless it can be demonstrated that water quality and fisheries habitat can be improved. Channelization or other physical alterations which may change the course or circulation of a stream and thereby interfere with the movement of fish, shall be prohibited. Each development activity that occurs within a watershed draining to anadromous fish propagation waters shall fulfill the following objectives: Minimize development activities or land disturbances within the watershed; Maintain, or if practicable, improve water quality in affected streams or other water bodies; Minimize to the extent possible the discharge of sediments into affected streams or other water bodies; Maintain, or if practicable, increase the natural or native vegetation of the watershed and tree canopy over the streams; Each development activity shall ensure coordination and compliance with complementary State laws and regulations: Prohibit the construction or placement of dams or other structures that would interfere with or prevent the movement of spawning fish or larval forms in streams or other designated water bodies. If practical, existing structures shall be removed; and Ensure that the construction, repair or maintenance activities associated with bridges, or other stream crossing or with utilities and roads, which involve disturbance within the buffer or which occur in-stream, as described in COMAR 08.05.03.11B(5), shall be prohibited between March 1 and June 15 of each year. Habitat Protection Plans. If impacts are proposed to any of the habitat protection areas identified in Section 5B-123, a Habitat Protection Plan shall be developed and implemented as part of the approved Conservation Plan. The following process shall be used to address the ecological requirements of the species or habitat: A management program and area of designation shall be shown on the Conservation Plan. The Environmental Planning Section of M-NCPPC, in consultation with appropriate state and/or federal agencies and in consultation with other county agencies, shall verify that the ecological and areal requirements are adequate for protection of the species in question. Revisions to the Habitat Protection Plan may be required to reflect the comments of the reviewing agencies. Management programs and areal designation of Habitat Protection Areas shall be incorporated into pending or future Conservation Plans and shall be in conformance with the requirements for preservation and mitigation as described in the plan. The provisions of the Habitat Protection Plan shall be reflected on the Conservation Agreement.

Purpose. The alteration of the natural landscape and the use of structural devices to protect the shoreline from erosion can result in a significant disturbance to the aquatic environment and increase erosion downstream. This section for limits the use of structural erosion control devices to only those areas where major erosion problems exist and where living shorelines or nonstructural erosion control measures are not practical or effective. In general, improvements to protect a person's property against erosion shall consist of nonstructural measures that preserve the natural environment, such as marsh creation, maintenance of buffer zones, and the establishment of natural barriers to prevent intrusion on fragile, vegetated shorelines are encouraged. The criteria set forth in this section are not intended to apply to those structures necessarily associated with Water-dependent Facilities as discussed in Section 5B-118. Permits and Approvals Required. A grading permit or building permit is required for all shoreline erosion control activities. An approved Conservation Plan is required prior to the issuance of any permit. M-NCPPC, DPW&T and, as necessary, DER shall sign off on all permits associated with shore erosion protection projects. Standards for erosion protection. Each application for shore erosion protection shall meet the following standards: Structural control measures shall only be used in areas where appreciable erosion has occurred and where non-structural measures would not be practical or effective in controlling erosion as mapped by the Maryland Department of the Environment or otherwise approved by the Maryland Department of the Environment through the waiver process. Where structural erosion control is required, the measure that best provides for conservation of plant, fish, and wildlife habitat and that is practical and effective shall be used. Living shorelines and non-structural measures shall be utilized in areas of erosion where they would be a practical and effective method of erosion control. Structural erosion measures shall not be permitted in areas where no significant erosion occurs. If significant alterations in the characteristics of a shoreline occur, the measure that best fits the change may be used for sites in that area. Shoreline changes. Storms and other natural events may change current shoreline erosion patterns. As a result, an individual may use the Maryland Department of the Environment (MDE) waiver process to request the use of a structural erosion control device in an area that is not currently designated for structural controls. An MDE waiver request shall be submitted to the Director and must be accompanied by documentation that identifies the specific location of the site to be protected and describes the event or events that led to the change in the erosion pattern. Notification of such a request shall be sent to MDE and M-NCPPC for review and comment prior to approval. Process. When reviewing a conservation plan for structural erosion control devices, the application shall be referred to the Soil Conservation District for field verification of the need for structural erosion control as well as for recommendations on proposed erosion control mechanisms. Any application for the installation of an erosion control device must, at a minimum, include the following information: Photographs of the erosion problem; The specific location of the site indicated on a 7 ½ Minute USGS Topographic Quadrangle Map; Soil type and erodibility; A copy of the proposed Conservation Plan; and The proposed and existing land use. Applications must include either a copy of the application for authorization from the Maryland Department of the Environment and the U.S. Army Corps of Engineers or an approved authorization. An approved authorization does not prohibit the Director from denying or modifying the application to the County prior to permit approval. Mitigation. Most shore erosion control projects involve disturbance to the shoreline and the Buffer. Mitigation shall be provided for disturbance in accordance with the provisions of Section 5B-119. Shore erosion control projects that are installed completely from the water and involve only offshore measures, such as breakwaters, may not require mitigation if the applicant demonstrates that the construction does not affect the Buffer.