Sec. 5B-123. Other Habitat Protection Areas
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.
Prince George's County, Md., Code § 5B-123 (2026)
Sec. 5B-123. Other Habitat Protection AreasLinkCopy Citation
(a)
Habitat Protection Area Functions:
(1)
Protect threatened and endangered species, those species in need of conservation and their habitats, which occur in the Critical Area;
(2)
Conserve wildlife habitat in the Critical Area;
(3)
Protect those wildlife habitats that tend to be least abundant or which may become so in the future if current land-use trends continue;
(4)
Protect those wildlife habitat types which are required to support the continued present of various species;
(5)
Protect those wildlife habitat types and plant communities which are determined by the County to be of local significance; and
(6)
Protect Natural Heritage Areas.
(b)
Habitat Protection Areas Identified.
(1)
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;
(A)
Threatened or endangered species or species in need of conservation,
(B)
Colonial water bird nesting sites;
(C)
Historic waterfowl staging and concentration areas in tidal waters, tributary streams or tidal and non-tidal wetlands;
(D)
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);
(E)
Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species);
(F)
Other areas which may, in the future, be identified by the State and Federal agencies as important plant and wildlife habitat areas;
(G)
Other plant and wildlife habitats determined to be of local significance; and
(H)
Natural Heritage Areas which have been designated based on consultation with the (DNR WHS).
(2)
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.
(c)
Standards. The following standards shall apply to the Conservation Plan for the habitats listed above:
(1)
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.
(2)
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.
(A)
In the case of bird and mammal species, this evaluation zone shall be a two thousand (2,000) foot radius.
(B)
In the case of other wildlife species, this evaluation zone shall be a two hundred (200) foot radius.
(C)
In the case of fish species, this evaluation zone shall include all contiguous waters within two thousand (2,000) feet and the specified buffers.
(D)
In the case of plant species, this evaluation zone shall be a two hundred (200) foot radius.
(E)
In the case of Natural Heritage Areas, this evaluation zone shall be set by boundary of the Natural Heritage Area.
(3)
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.
(4)
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:
(A)
Unless unavoidable, as determined by the Planning Board, new water dependent facilities shall not be placed within or adjacent to waterfowl conservation areas.
(B)
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.
(5)
Protection measures, including a buffer area, shall be established where appropriate, for other plant and wildlife habitat sites identified in this Subtitle.
(6)
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.
(7)
The following specific standards also apply:
(A)
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:
(i)
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.
(ii)
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.
(iii)
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.
(iv)
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.
(B)
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.
(i)
The following (BMPs) (BMPs) shall apply to Forests with Interior Dwelling Bird Species:
(aa)
Minimize disturbance during the May-August breeding season (i.e. from off-road vehicles, intensive public use, or logging).
(bb)
Focus the development or disturbance on the periphery of the area (i.e. roads, utility line corridors, structures).
(cc)
Retain the contiguous cover of branches and foliage formed by the crowns of adjacent trees and shrubs underneath the canopy (e.g. understory vegetation).
(dd)
Retain standing dead trees (e.g. snag trees) which serve as bird nesting and feeding habitat.
(ee)
Discourage creation of small clearings and disproportionate expansion of forest edge habitat.
(ff)
If a forest area is temporarily cleared, it shall be allowed to return to native forest vegetation.
(gg)
Timber harvesting techniques to maintain or improve habitat for forest interior dwelling bird species shall be used.
(C)
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:
(i)
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.
(ii)
Access to the buffer shall be prohibited during the nest building and incubation periods, from February through April.
(iii)
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.
(D)
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.
(i)
The following areas within the Critical Area of the County are officially identified and designated as Natural Heritage Areas:
(aa)
Patuxent Marshes
(bb)
Magruder's Landing
(ii)
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.
(iii)
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.
(E)
Anadromous Fish Propagation Waters. Within anadromous fish propagation watersheds, the following measures are required:
(i)
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.
(ii)
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.
(iii)
Each development activity that occurs within a watershed draining to anadromous fish propagation waters shall fulfill the following objectives:
(aa)
Minimize development activities or land disturbances within the watershed;
(bb)
Maintain, or if practicable, improve water quality in affected streams or other water bodies;
(cc)
Minimize to the extent possible the discharge of sediments into affected streams or other water bodies;
(dd)
Maintain, or if practicable, increase the natural or native vegetation of the watershed and tree canopy over the streams;
(iv)
Each development activity shall ensure coordination and compliance with complementary State laws and regulations:
(aa)
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
(bb)
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.
(d)
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:
(1)
A management program and area of designation shall be shown on the Conservation Plan.
(2)
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.
(3)
Revisions to the Habitat Protection Plan may be required to reflect the comments of the reviewing agencies.
(4)
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.