Chapter 10. Directives for Local Program Development
Regulation .01 Program Elements Required.LinkCopy Citation
In developing, updating, and implementing its Critical Area program, a local jurisdiction shall use all of the following general program criteria:
A.
The minimum standards of the program elements set forth under Natural Resources Article, §8-1808(c), Annotated Code of Maryland, shall be applicable;
B.
In accordance with all of the following requirements, each jurisdiction shall inventory or map, or both, or identify the most recently completed inventory or map, or both, of a federal or State agency in order to monitor the natural resources and resource-based uses located within its Critical Area:
(1)
The inventory shall include:
(a)
Agricultural lands;
(b)
Nontidal wetlands;
(c)
Tidal wetlands;
(d)
Forest resources;
(e)
Sand and gravel resources;
(f)
Tributary streams;
(g)
Known habitats of threatened and endangered species, and species in need of conservation;
(h)
The watersheds of anadromous fish propagation waters;
(i)
Wildlife and plant habitats;
(j)
Steep slopes; and
(k)
Soils with development constraints; and
(2)
Mapping of resources and resource-based uses listed under §B(1) of this regulation shall be at a scale that is relevant to the local jurisdiction and of sufficient detail to assess the potential impacts of proposed land use changes on the quality and quantity of local water resources and on local wildlife and plant habitats;
C.
The mapping of intensely developed, limited development, and resource conservation areas shall be in accordance with Natural Resources Article, §8-1807, Annotated Code of Maryland, and COMAR 27.01.02;
D.
Each local permitting and approval process shall be coordinated so that cumulative impacts of regulated activities can be readily assessed;
E.
Each local jurisdiction shall maintain records of the area of land that converts from resource conservation area to intensely developed or limited development areas and that converts from limited development areas to intensely developed areas;
F.
The local program document shall, if applicable, include:
(1)
A forest and woodland protection program;
(2)
A mineral resources plan;
(3)
An agricultural protection plan;
(4)
A habitat protection area plan; and
(5)
In accordance with COMAR 27.01.03, a planning process to identify suitable areas for water-dependent facilities and activities;
G.
Each local jurisdiction shall review and revise local ordinances, plans, programs, and regulations that are inconsistent with the intent of the policies and criteria in this subtitle. At a minimum, and if applicable, the review and revisions shall include:
(1)
Comprehensive plans;
(2)
Comprehensive water and sewer plans;
(3)
Comprehensive solid waste plans and any other health or environmental ordinances, plans, programs, and regulations, such as septic system placement;
(4)
Capital improvements programs and capital budgets;
(5)
Zoning ordinances and comprehensive zoning maps;
(6)
Subdivision regulations; and
(7)
Growth management ordinances;
H.
The local program document shall include a statement of the local agencies involved, their responsibilities and their coordination with each other and appropriate State, federal, or private organizations;
I.
Each local jurisdiction shall demonstrate that its local ordinances, plans, programs, and regulations proposed to meet the criteria in this regulation are enforceable; and
J.
Each local jurisdiction shall require that all project approvals are based on findings that each project is consistent with the following goals of the Critical Area Law and Program, as stated in Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, COMAR Title 27, and any local program provision approved by the Commission:
(1)
Minimize adverse impacts on water quality that result from pollutants or stormwater discharged from structures, conveyances, or surrounding lands;
(2)
Conserve fish, wildlife, and plant habitats; and
(3)
Establish land use policies for development in the Chesapeake and Atlantic Coastal Bays Critical Area which accommodate growth and also address the fact that, even if pollution is controlled, the number, movement, and activities of persons in that area can create adverse environmental impacts.
Regulation .02 Policies.LinkCopy Citation
A.
Each local jurisdiction is encouraged to establish:
(1)
Cooperative arrangements with adjacent jurisdictions and with State and federal agencies concerning the policies and objectives for lands within and adjoining the jurisdiction’s Critical Area;
(2)
A program that provides tax benefits or other financial incentives available under State or local law to landowners who donate conservation easements, that identifies appropriate land protection measures including acceptance of donations, acquisition of easements, or fee simple purchase, and allows for funding mechanisms that include federal and State programs, local bonding authority, or donations from private organizations; and
(3)
An education program as a means by which landowners in the Critical Area may be informed of the intent of the law, the status of the local program, and sources of additional information and assistance.
B.
Each local jurisdiction is encouraged to apply protection measures similar to those contained in their Critical Area program to land disturbances beyond the Critical Area boundary in an effort to protect or enhance water quality and to conserve wildlife and plant habitats of the Critical Area.
C.
Counties and municipalities within their political boundaries are encouraged to develop their Critical Area protection programs cooperatively so that programs can be developed more efficiently and so that common land use objectives can be realized.
Chapter annotations
Authority: Natural Resources Article, §§8-1806, 8-1808(c)(d), and 8-1811, Annotated Code of Maryland
History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
History: COMAR 14.15.10 recodified to COMAR 27.01.10 in August, 1992
History: Regulation .01 amended effective July 9, 2012 (39:13 Md. R. 786); November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
History: Regulation .02 adopted effective January 20, 2025 (52:1 Md. R. 19)