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.