Md. Code Regs. 27.01.09.01-3

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

Section 27.01.09.01-3 - Buffer Management Plans

A. The provisions of this regulation do not apply to maintenance of an existing grass lawn or an existing garden in the buffer.

B. A local jurisdiction shall require an applicant proposing a development activity to submit a buffer management plan if:

(1) The establishment of the buffer is required in accordance with Regulation .01-1 of this chapter; or

(2) Disturbance to the buffer will result from the issuance of an authorization, including a:

(a) Variance;

(b) Subdivision approval;

(c) Site plan approval;

(d) Local approval of a shoreline stabilization measure, as authorized by the Board of Public Works or the Department of the Environment;

(e) Building permit;

(f) Grading permit;

(g) Special exception; or

(h) Permit by a local health department for the installation, repair, or replacement of a septic system.

C. In accordance with the requirements under Regulations .01-1 and .01-2 of this chapter, a local jurisdiction shall require an applicant to submit a:

(1) Simplified buffer management plan;

(2) Minor buffer management plan; or

(3) Major buffer management plan.

D. A local jurisdiction may not approve a buffer management plan unless:

(1) The plan clearly indicates that all planting standards under Regulation .01-2 of this chapter will be met; and

(2) Appropriate measures are in place for the protection and maintenance of all buffer areas established under this regulation.

E. A local jurisdiction may not issue a permit for a development activity under Regulation .01-1 or .01-2 of this chapter unless the local jurisdiction has approved the buffer management plan submitted under §C of this regulation.

F. If an applicant fails to implement a buffer management plan, that failure shall constitute a violation of the local Critical Area program.

G. A local jurisdiction may not issue a permit or other approval of a development activity for a property that is the subject of a violation under §F of this regulation.

H. Simplified Buffer Management Plan.

(1) Before the performance of an activity under this section in the buffer, a local jurisdiction shall require the applicant to submit a simplified buffer management plan as part of the application associated with any of the following activities:

(a) Providing access up to 3 feet wide to a private pier or shoreline that is up to 3 feet wide;

(b) Manually removing invasive or noxious vegetation;

(c) Filling to maintain an existing grass lawn;

(d) Managing storm damage;

(e) Repairing or replacing a septic system; or

(f) Except for an emergency situation under §H(2)of this regulation, cutting up to five dead, diseased, dying, invasive, or hazardous trees.

(2) If cutting a tree in the buffer is immediately necessary because of an emergency situation, the applicant shall submit a simplified buffer management plan to the local jurisdiction at the earliest possible time after the tree has been cut.

(3) A simplified buffer management plan shall include:

(a) A brief narrative describing the proposed activity, including the anticipated start date and method to be used;

(b) The proposed mitigation;

(c) In the case of the removal of invasive or noxious species, the revegetation of the area in accordance with Regulation .01-2 B(1) and (3) of this chapter;

(d) The proposed planting date; and

(e) The signature of the party responsible for the proposed activity and for ensuring the survival of the planting.

I. Minor Buffer Management Plan.

(1) A local jurisdiction shall require an applicant to submit a minor buffer management plan for:

(a) Establishment of less than 5,000 square feet of the buffer for an application listed under Regulation .01-1 of this chapter; or

(b) A requested disturbance that requires less than 5,000 square feet of mitigation for an application listed under Regulation .01-2 of this chapter.

(2) A minor buffer management plan shall include:

(a) A plan that shows the proposed limit of disturbance, the total number and size of trees to be removed, if applicable, and the arrangement of the planting to be done;

(b) A landscape schedule that shows the proposed species type, the quantity of plants, the size of plants to be installed, and the planting date;

(c) A maintenance plan for the control of invasive species, pests, and predation that shows invasive species and pest control practices, the provision of at least 2 years of monitoring, and a reinforcement planting provision if survival rates fall below the standards in Regulation .01-2M and N of this chapter;

(d) An inspection agreement that grants permission to the local jurisdiction to inspect the plantings at appropriate times;

(e) If buffer establishment is required under Regulation .01-1 of this chapter, the information on which calculation of the amount of buffer to be planted was based;

(f) If buffer mitigation is required under Regulation .01-2 of this chapter, the information on which calculation of the amount of the buffer to be planted was based; and

(g) The signature of the party responsible for the proposed activity and for ensuring the survival of the planting.

J. Major Buffer Management Plan.

(1) A local jurisdiction shall require an applicant to submit a major buffer management plan for:

(a) Establishment of at least 5,000 square feet of the buffer for an application listed under Regulation .01-1 of this chapter; or

(b) A requested disturbance that requires at least 5,000 square feet of mitigation for an application listed under Regulation .01-2 of this chapter.

(2) A major buffer management plan shall include:

(a) A plan that shows the proposed limit of disturbance, the total number and size of trees to be removed, if applicable, and the arrangement of the planting to be done;

(b) A landscape schedule that shows the proposed species type, the quantity of plants, the size of plants to be installed, and the planting date;

(c) A maintenance plan for the control of invasive species, pests, and predation that shows invasive species and pest control practices, the provisions of at least 2 years of monitoring, and a reinforcement planting provision if survival rates fall below the standards in Regulation .01-2 M and N of this chapter;

(d) A long-term protection plan that includes evidence of financial assurance that adequately covers the planting and survivability requirement, a provision for at least 2 years of monitoring as required in Regulation .01-2 M and N of this chapter, and if planting, an anticipated planting date before construction or the sale of the lot;

(e) An inspection agreement that grants permission to the local jurisdiction to inspect the plantings at appropriate times;

(f) If buffer establishment is required under Regulation .01-1 of this chapter, the information on which calculation of the amount of buffer to be planted was based;

(g) If buffer mitigation is required under Regulation .01-2 of this chapter, the information on which calculation of the amount of the buffer to be planted was based; and

(h) The signature of the party responsible for the proposed activity and for the survival of the planting.

(3) For a major buffer management plan a single species may not exceed 20 percent of the total planting requirement.

Md. Code Regs. 27.01.09.01-3

Regulations .01-3 adopted effective March 8, 2010 (37:5 Md. R. 428); amended effective 50:4 Md. R.111-172, eff. 3/6/2023