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.