# COMAR Title 27 — Critical Area Commission for the Chesapeake and Atlantic Coastal Bays

## Subtitle 01 — Criteria for Local Critical Area Program Development

### Chapter 06 — Agriculture

**Authority:** Natural Resources Article, §8-1808(d), Annotated Code of Maryland

**Administrative History:** Effective date: May 13, 1986 (12:24 Md. R. 2352)

**Administrative History:** COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.

**Administrative History:** COMAR 14.15.06 recodified to COMAR 27.01.06 in August, 1992

**Administrative History:** Regulation .01 repealed effective September 6, 2021 (48:18 Md. R. 694)

**Administrative History:** Regulation .02 amended effective September 6, 2021 (48:18 Md. R. 694)

**Administrative History:** Regulation .02B amended effective January 20, 2025 (52:1 Md. R. 19)

**Administrative History:** Regulation .02C amended effective October 29, 2012 (39:21 Md. R. 1380)

**Administrative History:** Regulation .03 amended effective October 29, 2012 (39:21 Md. R. 1380)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted effective September 6, 2021 (48:18 Md. R. 694)

**Administrative History:** Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)

#### Regulation .01 Definitions.

*COMAR 27.01.06.01*

Repealed.

#### Regulation .02 Policies.

*COMAR 27.01.06.02*

In developing and updating its Critical Area program, a local jurisdiction shall follow these policies when addressing agriculture:

A. Assure that agricultural lands are identified and that programs are established for the Critical Area to maintain, where appropriate, agricultural lands in agricultural use, to the greatest extent possible; and

B. Recognize that agriculture is a protective land use that should be properly managed so that it minimizes its contribution to pollutant loadings to the Chesapeake and Atlantic Coastal Bays and their tributaries.

#### Regulation .03 Criteria.

*COMAR 27.01.06.03*

A. Applicability. The provisions of this regulation apply only to a local jurisdiction in which agriculture exists as a land use in that jurisdiction.

B. In developing and updating its Critical Area program, a local jurisdiction shall develop an agricultural protection plan as part of its Critical Area program in cooperation with the local soil conservation district, the county agricultural land preservation advisory board, and any other appropriate agency.

C. Each agricultural protection plan developed under §B of this regulation shall:

  (1) Consist of:

    (a) An identification, inventory, and mapping of agricultural land within the Critical Area;

    (b) An identification of agricultural land that includes a habitat protection area covered in COMAR 27.01.09; and

    (c) A program to maintain agricultural land in agricultural use and to protect water quality and plant and wildlife habitats, which shall at least include:

      (i) Measures to encourage the preservation of agricultural land;

      (ii) In accordance with the provisions of COMAR 27.01.09, protection of a habitat protection area located within agricultural land; and

      (iii) In order to conform to harvest practice requirements in COMAR 27.01.05 and 27.01.09.01-7, a forest management plan for each agricultural operation that harvests timber; and

  (2) Assure that:

    (a) Each agricultural operation has in place and is implementing a current:

      (i) Soil conservation and water quality plan; and

      (ii) Nutrient management plan prepared by a certified nutrient management consultant or certified farm operator in accordance with COMAR 15.20.04.07 and .08;

    (b) Agricultural activities authorized in the buffer are in accordance with COMAR 27.01.09.01-6; and

    (c) The creation of new agricultural land is not accomplished:

      (i) By diking, draining, or filling of a nontidal wetland, except in accordance with the requirements of COMAR 26.23.05.01;

      (ii) By clearing of forest or developed woodland on soil with a slope greater than 15 percent or on soil with a K-factor greater than 0.35 and a slope greater than 5 percent;

      (iii) If clearing will adversely affect water quality or will destroy plant or wildlife habitat covered in COMAR 27.01.09.02.—05, as applicable; or

      (iv) By clearing of existing natural vegetation within the buffer.