Regulation .01-3 Buffer Management Plans.
Regulation .01-3 Buffer Management Plans.LinkCopy Citation
A.
The provisions of this regulation do not apply to maintenance of an existing grass lawn or an existing garden in the buffer.
B.
A local jurisdiction shall require an applicant proposing a development activity to submit a buffer management plan if:
(1)
The establishment of the buffer is required in accordance with Regulation .01-1 of this chapter; or
(2)
Disturbance to the buffer will result from the issuance of an authorization, including a:
(a)
Variance;
(b)
Subdivision approval;
(c)
Site plan approval;
(d)
Local approval of a shoreline stabilization measure, as authorized by the Board of Public Works or the Department of the Environment;
(e)
Building permit;
(f)
Grading permit;
(g)
Special exception; or
(h)
Permit or other approval by a local health department for the installation, repair, or replacement of a septic system.
C.
In accordance with the requirements under Regulations .01-1 and .01-2 of this chapter, a local jurisdiction shall require an applicant to submit a:
(1)
Simplified buffer management plan;
(2)
Minor buffer management plan; or
(3)
Major buffer management plan.
D.
A local jurisdiction may not approve a buffer management plan unless:
(1)
The plan clearly indicates that all planting standards under Regulation .01-2 of this chapter will be met; and
(2)
Appropriate measures are in place for the protection and maintenance of all buffer areas established under this regulation.
E.
A local jurisdiction may not issue a permit or other approval for a development activity under Regulation .01-1 or .01-2 of this chapter unless the local jurisdiction has approved the buffer management plan submitted under §C of this regulation.
F.
If an applicant fails to implement a buffer management plan, that failure shall constitute a violation of the local Critical Area program.
G.
A local jurisdiction may not issue a permit or other approval of a development activity for a property that is the subject of a violation under §F of this regulation.
H.
Simplified Buffer Management Plan.
(1)
Before the performance of an activity under this section in the buffer, a local jurisdiction shall require the applicant to submit a simplified buffer management plan as part of the application associated with any of the following activities:
(a)
Providing access up to 3 feet wide to a private pier or shoreline that is up to 3 feet wide;
(b)
Manually removing invasive or noxious vegetation;
(c)
Filling to maintain an existing grass lawn;
(d)
Managing storm damage;
(e)
Repairing or replacing a septic system; or
(f)
Except for an emergency situation under §H(2) of this regulation, cutting up to five dead, diseased, dying, invasive, or hazardous trees.
(2)
If cutting a tree in the buffer is immediately necessary because of an emergency situation, the applicant shall submit a simplified buffer management plan to the local jurisdiction at the earliest possible time after the tree has been cut.
(3)
A simplified buffer management plan shall include:
(a)
A brief narrative describing the proposed activity, including the anticipated start date and method to be used;
(b)
The proposed mitigation;
(c)
In the case of the removal of invasive or noxious species, the revegetation of the area in accordance with Regulation .01-2 B(1) and (3) of this chapter;
(d)
The proposed planting date; and
(e)
The signature of the party responsible for the proposed activity and for ensuring the survival of the planting.
I.
Minor Buffer Management Plan.
(1)
A local jurisdiction shall require an applicant to submit a minor buffer management plan for:
(a)
Establishment of less than 5,000 square feet of the buffer for an application listed under Regulation .01-1 of this chapter; or
(b)
A requested disturbance that requires less than 5,000 square feet of mitigation for an application listed under Regulation .01-2 of this chapter.
(2)
A minor buffer management plan shall include:
(a)
A plan that shows the proposed limit of disturbance, the total number and size of trees to be removed, if applicable, and the arrangement of the planting to be done;
(b)
A landscape schedule that shows the proposed species type, the quantity of plants, the size of plants to be installed, and the planting date;
(c)
A maintenance plan for the control of invasive species, pests, and predation that shows invasive species and pest control practices, the provision of at least 2 years of monitoring, and a reinforcement planting provision if survival rates fall below the standards in Regulation .01-2M and N of this chapter;
(d)
An inspection agreement that grants permission to the local jurisdiction to inspect the plantings at appropriate times;
(e)
If buffer establishment is required under Regulation .01-1 of this chapter, the information on which calculation of the amount of buffer to be planted was based;
(f)
If buffer mitigation is required under Regulation .01-2 of this chapter, the information on which calculation of the amount of the buffer to be planted was based; and
(g)
The signature of the party responsible for the proposed activity and for ensuring the survival of the planting.
J.
Major Buffer Management Plan.
(1)
A local jurisdiction shall require an applicant to submit a major buffer management plan for:
(a)
Establishment of at least 5,000 square feet of the buffer for an application listed under Regulation .01-1 of this chapter; or
(b)
A requested disturbance that requires at least 5,000 square feet of mitigation for an application listed under Regulation .01-2 of this chapter.
(2)
A major buffer management plan shall include:
(a)
A plan that shows the proposed limit of disturbance, the total number and size of trees to be removed, if applicable, and the arrangement of the planting to be done;
(b)
A landscape schedule that shows the proposed species type, the quantity of plants, the size of plants to be installed, and the planting date;
(c)
A maintenance plan for the control of invasive species, pests, and predation that shows invasive species and pest control practices, the provisions of at least 2 years of monitoring, and a reinforcement planting provision if survival rates fall below the standards in Regulation .01-2 M and N of this chapter;
(d)
A long-term protection plan that includes evidence of financial assurance that adequately covers the planting and survivability requirement, a provision for at least 2 years of monitoring as required in Regulation .01-2 M and N of this chapter, and if planting, an anticipated planting date before construction or the sale of the lot;
(e)
An inspection agreement that grants permission to the local jurisdiction to inspect the plantings at appropriate times;
(f)
If buffer establishment is required under Regulation .01-1 of this chapter, the information on which calculation of the amount of buffer to be planted was based;
(g)
If buffer mitigation is required under Regulation .01-2 of this chapter, the information on which calculation of the amount of the buffer to be planted was based; and
(h)
The signature of the party responsible for the proposed activity and for the survival of the planting.
(3)
For a major buffer management plan a single species may not exceed 20 percent of the total planting requirement.