# Sec. 5B-122. Non-tidal Wetlands

Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.

## Sec. 5B-122. Non-tidal Wetlands

Prince George's County, Md., Code § 5B-122 (2026)

(a) 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.

(b) Functions of nontidal wetlands:

  (1) Removal or reduction of sediments, nutrients, and potentially harmful or toxic substances in runoff entering the Bay and its tributaries;

  (2) Control, infiltration, and absorption of floodwaters associated with extreme high tides and storm events;

  (2) Minimize the adverse effects of human activities on waterways and aquatic resources;

  (3) Maintain an area of transitional habitat between aquatic and upland communities;

  (4) Maintain the natural environment of streams;

  (5) Provide wildlife habitat for wetland species.

(c) 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:

  (1) 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;

  (2) 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;

  (3) 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;

  (4) 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;

  (5) 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

  (6) 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.

(d) 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:

  (1) That proposed impacts are unavoidable;

  (2) That alternative proposals were evaluated; and

  (3) 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.