Md. Code Regs. 27.01.09.04

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

Section 27.01.09.04 - Plant Habitat and Wildlife Habitat

A. Repealed

B. Policies. In developing and updating its Critical Area program, a local jurisdiction shall:

(1) Conserve plant and wildlife habitats in the Critical Area;

(2) Protect plant and wildlife habitats that tend to be least abundant or which may become less abundant in the future if current land use trends continue;

(3) Protect plant and wildlife habitats which are required to support the continued presence of species protected under the provisions of Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, and this title;

(4) Protect plant and wildlife habitats which are determined to be locally significant habitats; and

(5) Protect natural heritage areas.

C. Criteria. In developing and updating its Critical Area program, a local jurisdiction shall:

(1) Include a plant and wildlife habitat protection program as an element of its Critical Area program. Each program shall be developed using the expertise of the Department of Natural Resources, the U.S. Fish and Wildlife Service, other appropriate agencies, and adjacent jurisdictions.

(2) Ensure that each plant and wildlife habitat protection program consists of:

(a) Identification of the following plant and wildlife habitats in the Critical Area:

(i) Nesting sites of colonial nesting water birds;

(ii) Waterfowl staging and concentration areas in tidal waters, tributary streams, or tidal and nontidal wetlands;

(iii) Existing riparian forests, such as relatively mature forests of at least 300 feet in width which occur adjacent to streams, wetlands, or the shoreline of the Chesapeake Bay, the Atlantic Coastal Bays, or their tributaries;

(iv) Forests utilized as breeding areas by forest interior dwelling birds and other wildlife species, such as relatively mature forests within the Critical Area of 100 acres or more, or forest connected with these breeding areas;

(v) Other areas which may in the future be identified by State and federal agencies as important plant or wildlife habitat;

(vi) Other plant and wildlife habitats determined to be of local significance; and

(vii) Designated natural heritage areas.

(b) Programs to conserve or protect the plant and wildlife habitats identified in §C(2)(a) of this regulation. Program objectives should include:

(i) The establishment of buffers for nesting sites of colonial nesting water birds so that these sites are protected from the adverse impacts of development and from disturbance during the breeding season.

(ii) The location of new water-dependent facilities so as to prevent disturbance to sites of significance to wildlife, such as aquatic staging and concentration areas for waterfowl.

(iii) Protection measures, including a buffer where appropriate, for other plant and wildlife habitats identified in §C(2)(a)(v) of this regulation.

(iv) Protection and conservation of forests required to support wildlife species identified in §C(2)(a)(iii) and (iv) of this regulation by developing management programs which have as their objective the conservation of wildlife that inhabit or use the areas. The programs should assure that development or the clearing or cutting of trees is conducted so as to conserve riparian habitat and forest interior dwelling birds and their habitat. Management measures may include incorporating appropriate wildlife protection elements into forest management plans, cluster zoning, or other site design criteria which provide for the conservation of plant and wildlife habitat. Measures may also include soil conservation plans that have plant and wildlife habitat protection provisions appropriate to the areas identified in §C(2)(a)(iii) and (iv) of this regulation and incentive programs which use the acquisition of easements and other similar techniques.

(v) When development or cutting or clearing of trees occurs in a forest, a requirement that, to the extent practicable, corridors of existing forest or woodland vegetation be maintained to provide effective connections among wildlife habitats.

(vi) The protection of plant and wildlife habitats considered to be locally significant habitats.

(vii) The protection of a natural heritage area from alteration resulting from development or cutting or clearing so that the structure and species composition of the area are maintained.

(c) The determination of the existence and extent of plant and wildlife habitats and the development of appropriate protection measures for these habitats shall result from a cooperative effort among a local jurisdiction, public agencies, and private organizations.

Md. Code Regs. 27.01.09.04

Amended effective 46:22 Md. R. 976, eff. 11/4/2019