Md. Code Regs. 27.01.02.05

Current through Register Vol. 52, No. 1, January 10, 2025

Section 27.01.02.05 - [Effective 1/20/2025] Resource Conservation Areas

A. Resource conservation areas are those areas characterized by nature-dominated environments such as, wetlands, forests, or abandoned fields, and resource-utilization activities such as, agriculture, forestry, fisheries activities, or aquaculture. This land classification shall have at least one of the following features:

(1) Density is less than one dwelling unit per 5 acres; or

(2) Dominant land use is in agriculture, wetland, forest, barren land, surface water, or open space.

B. In developing and updating its Critical Area program, a local jurisdiction shall follow all of these policies when addressing resource conservation areas:

(1) Conserve, protect, and enhance the overall ecological values of the Critical Area, its biological productivity, and its diversity;

(2) Provide adequate breeding, feeding, and wintering habitats for wildlife populations that require the Chesapeake and Atlantic Coastal Bays, their tributaries, or coastal habitats in order to sustain their species;

(3) Conserve the land and water resource base that is necessary to maintain and support land uses such as agriculture, forestry, fisheries activities, and aquaculture;

(4) Conserve the existing developed woodlands, forests, and riparian areas for the water quality benefits that they provide;

(5) Promote agricultural and conservation easements;

(6) Encourage tax incentives or other incentive or disincentive programs that promote the continuation of agriculture, forestry, and natural habitats; and

(7) Consider cluster development, transfer of development rights, maximum lot size provisions, and any other means likely to maintain the land area necessary to support the protective uses.

C. In developing and updating its Critical Area program, a local jurisdiction shall use all of the following criteria for resource conservation areas:

(1) Land use management practices shall be consistent with the policies and criteria for habitat protection areas in COMAR 27.01.09, the policies and criteria for agriculture in COMAR 27.01.06, and the policies and criteria for forestry in COMAR 27.01.05;

(2) Land within the resource conservation area may be developed for residential uses at a density not to exceed one dwelling unit per 20 acres. A local jurisdiction:

(a) Shall calculate and track density rights that are to be recorded on a subdivision plat; and

(b) May not authorize a variance to the maximum density of one dwelling unit per 20 acres;

(3) Existing industrial and commercial facilities, including those that directly support agriculture, forestry, aquaculture, or residential development not exceeding the density specified in §C(2) of this regulation, shall be allowed in resource conservation areas;

(4) Additional industrial or commercial facilities may not be located in the resource conservation area unless the use is authorized by a local program;

(5) Institutional facilities may not be located in the resource conservation area unless the use is authorized by a local program;

(6) A commercial, institutional, or industrial solar energy generating system may be authorized in accordance with COMAR 27.01.14;

(7) A local jurisdiction shall develop a program to assure that the overall acreage of forest and woodland within its resource conservation areas does not decrease;

(8) Development activity within the resource conservation area shall be consistent with the criteria for limited development areas in Regulation .04 of this chapter; and

(9) Limitations on lot coverage on a parcel shall be in accordance, as applicable, with the following maximums:

(a) When a site is mapped entirely as a resource conservation area, 15 percent of the total site; and

(b) When a portion of a lot or parcel is mapped as a resource conservation area, 15 percent of that portion of the lot or parcel.

D. Notwithstanding any other provision of law, a participant in an agricultural easement program may convey real property impressed with an agricultural easement to a family member, if the conveyance will not result in a density greater than one dwelling unit per 20 acres.

Md. Code Regs. 27.01.02.05

Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380); amended effective 47:13 Md. R. 644, eff. 6/29/2020; amended effective 48:5 Md. R. 218, eff. 3/8/2021; amended effective 52:1 Md. R. 1-46, eff. 1/20/2025.