Regulation .01-1 Buffer Establishment.
Regulation .01-1 Buffer Establishment.LinkCopy Citation
A.
Applicability.
(1)
The requirements of this regulation are applicable to:
(a)
A development or redevelopment activity that occurs on a lot or parcel that includes a buffer if that development or redevelopment activity is located outside the buffer; and
(b)
The approval of a subdivision that includes a buffer .
(2)
If an applicant for a subdivision of a lot under §A(1)(b)of this regulation uses or leases the lot for an agricultural purpose, the applicant:
(a)
In accordance with local land recordation requirements, shall record an approved buffer management plan under Regulation .01-3 of this chapter; and
(b)
If authorized by the local jurisdiction, may delay implementation of the buffer management plan until the use of the lot is converted to a nonagricultural purpose.
(3)
The requirements of this regulation are not applicable to an in-kind replacement of a structure.
B.
A local jurisdiction shall require an applicant to establish the buffer in vegetation in accordance with §C of this regulation and Regulation .01-2 of this chapter and to provide a buffer management plan under Regulation .01-3 of this chapter when an applicant applies for:
(1)
Approval of a subdivision;
(2)
Conversion from one land use to another land use on a lot or a parcel; or
(3)
Development on a lot or a parcel created before January 1, 2010.
C.
When the buffer is not fully forested or is not fully established in existing, naturally occurring woody or wetland vegetation, an applicant shall establish the buffer to the extent required in the following table:
D.
A local jurisdiction may authorize an applicant to deduct from the total establishment requirement an area of lot coverage removed from the buffer if:
(1)
The lot coverage existed before the date of local program adoption or was allowed by local procedures; and
(2)
The total area is stabilized.