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

## Subtitle 02 — Development in the Critical Area Resulting From State and Local Agency Programs

### Chapter 05 — State Agency Actions Resulting in Development on State-Owned Lands

#### Regulation .07 Agriculture.

*COMAR 27.02.05.07*

A. Applicability. The provisions of this regulation do not apply to an agricultural activity that is conducted for an experimental purpose on State-owned land in the Critical Area if:

  (1) Adverse impact to a habitat protection area covered in Regulations .09—.13 of this chapter, as applicable, is avoided; and

  (2) The experimental activity is approved by the State Department of Agriculture and the University of Maryland.

B. Criteria. When agriculture occurs on State-owned land, the agency administering the land shall assure that:

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

    (a) Soil conservation and water quality plan; and

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

  (2) Agricultural activities authorized in the buffer are in accordance with Regulation .09 of this chapter; and

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

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

    (b) 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;

    (c) If clearing will adversely affect water quality or will destroy plant or wildlife habitat covered in Regulations .10—.13 of this chapter, as applicable; or

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