Md. Code Regs. 27.01.02.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 27.01.02.05 - Resource Conservation Areas

A. Resource conservation areas are those areas characterized by nature-dominated environments (that is, wetlands, forests, abandoned fields) and resource-utilization activities (that is, agriculture, forestry, fisheries activities, or aquaculture). These areas 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 their Critical Area programs, local jurisdictions shall follow 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 those wildlife populations that require the Chesapeake Bay, its tributaries, or coastal habitats in order to sustain populations of those 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; and

(4) Conserve the existing developed woodlands and forests for the water quality benefits that they provide.

C. In developing their Critical Area programs, local jurisdictions 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 on forestry in COMAR 27.01.05.

(2) Agricultural and conservation easements shall be promoted in resource conservation areas.

(3) Local jurisdictions are encouraged to develop tax or other incentive/disincentive programs to promote the continuation of agriculture, forestry, and natural habitats in resource conservation areas.

(4) 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 may not authorize a variance to the maximum density of one dwelling unit per 20 acres. Within this limit of overall density, minimum lot sizes may be determined by the local jurisdiction. Local jurisdictions are encouraged to consider such mechanisms as cluster development, transfer of development rights, maximum lot size provisions, and/or additional means to maintain the land area necessary to support the protective uses.

(5) Existing industrial and commercial facilities, including those that directly support agriculture, forestry, aquaculture, or residential development not exceeding the density specified in §C(4), of this regulation, shall be allowed in resource conservation areas.

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

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

(8) A commercial, institutional, or industrial solar energy generating system may be permitted in accordance with COMAR 27.01.14.

(9) Local jurisdictions shall develop a program to assure that the overall acreage of forest and woodland within their resource conservation areas does not decrease.

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

(11) Limitations on lot coverage on a parcel shall be in accordance 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. Nothing in this regulation shall limit the ability of a participant in the Agricultural Easement Program to convey real property impressed with such an easement to family members provided that no such conveyance will result in a density greater than 1 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