Md. Code Regs. 27.01.06.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 27.01.06.03 - Criteria

A. Applicability. The provisions of this regulation apply only to a local jurisdiction in which agriculture exists as a land use in that jurisdiction.

B. In developing and updating its Critical Area program, a local jurisdiction shall develop an agricultural protection plan as part of its Critical Area program in cooperation with the local soil conservation district, the county agricultural land preservation advisory board, and any other appropriate agency.

C. Each agricultural protection plan developed under §B of this regulation shall:

(1) Consist of:

(a) An identification, inventory, and mapping of agricultural land within the Critical Area;

(b) An identification of agricultural land that includes a habitat protection area covered in COMAR 27.01.09; and

(c) A program to maintain agricultural land in agricultural use and to protect water quality and plant and wildlife habitat, which shall at least include:

(i) Measures to encourage the preservation of agricultural land;

(ii) In accordance with the provisions of COMAR 27.01.09, protection of a habitat protection area located within agricultural land; and

(iii) In order to conform to harvest practice requirements in COMAR 27.01.05 and 27.01.09.01-7, a forest management plan for each agricultural operation that harvests timber; and

(2) Assure that:

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

(i) Soil conservation and water quality plan; and

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

(b) Agricultural activities authorized in the buffer are in accordance with COMAR 27.01.09.01-6; and

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

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

(ii) 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;

(iii) If clearing will adversely affect water quality or will destroy plant or wildlife habitat covered in COMAR 27.01.09.02-.05, as applicable; or

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

Md. Code Regs. 27.01.06.03

Regulation .03 adopted effective October 29, 2012 (39:21 Md. R. 1380); amended effective 48:18 Md. R. 694, eff. 9/6/2021