Md. Code Regs. 27.01.10.01

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

Section 27.01.10.01 - Criteria

In developing and updating its Critical Area program, a local jurisdiction shall use the following general program criteria:

A. In accordance with the following requirements, each jurisdiction shall inventory or map, or both, or identify the most recently completed inventory or map, or both, of a federal or State agency in order to monitor the natural resources and resource-based uses located within its Critical Area:

(1) The inventory shall include:

(a) Agricultural lands;

(b) Nontidal wetlands;

(c) Tidal wetlands;

(d) Forest resources;

(e) Sand and gravel resources;

(f) Tributary streams;

(g) Known habitats of threatened and endangered species, and species in need of conservation;

(h) The watersheds of anadromous fish propagation waters;

(i) Plant and wildlife habitats;

(j) Steep slopes; and

(k) Soils with development constraints; and

(2) Mapping of resources and resource-based uses listed under §A(1) of this regulation shall be at a scale that is relevant to the local jurisdiction and of sufficient detail to assess the potential impacts of proposed land use changes on the quality and quantity of local water resources and on local wildlife and plant habitats.

B. The mapping of intensely developed, limited development, and resource conservation areas shall be in accordance with Natural Resources Article, § 8-1807, Annotated Code of Maryland, and COMAR 27.01.02.

C. Repealed

D. Local permitting and approval processes shall be coordinated so that cumulative impacts of regulated activities can be readily assessed.

E. Local jurisdictions shall maintain records of the area of land that converts from resource conservation area to intensely developed or limited development areas and that converts from limited development areas to intensely developed areas.

F. The local program document shall, if applicable, include, but not be limited to:

(1) A forest and woodland protection program;

(2) A mineral resources plan;

(3) An agricultural protection plan;

(4) A habitat protection area plan; and

(5) A water-dependent facilities planning process for identifying suitable areas.

G. Jurisdictions shall review and revise local plans, programs, and regulations that are inconsistent with the intent of the policies and criteria in this subtitle. At a minimum, and if applicable, the review and revisions shall include:

(1) Comprehensive or master plans;

(2) Comprehensive water and sewer plans;

(3) Comprehensive solid waste plans and any other health/environment-related plans and ordinances, for example, regulation for septic system placement;

(4) Capital improvements programs and capital budgets;

(5) Zoning ordinances and comprehensive zoning maps;

(6) Subdivision regulations; and

(7) Growth management ordinances.

H. The local program document shall include a statement of the local agencies involved, their responsibilities and their coordination with each other and appropriate State, federal, or private organizations.

I. Local jurisdictions shall demonstrate that the local regulations and programs proposed to meet the criteria in this regulation are enforceable.

J. Each jurisdiction shall attempt to establish cooperative arrangements with adjacent jurisdictions and with State and federal agencies concerning the policies and objectives for lands within and adjoining the jurisdiction's Critical Area.

K. Local jurisdictions are encouraged to apply protection measures similar to those contained in their Critical Area program to land disturbances beyond the Critical Area boundary in an effort to protect or enhance water quality and to conserve plant and animal habitats of the Critical Area.

L. Local jurisdictions are encouraged to establish a program that provides tax benefits to landowners who wish to donate conservation easements, and consider other financial incentives as provided for in Maryland State law, and are encouraged to identify other appropriate protection measures which may include: acceptance of donations, acquisition of easements, or fee simple purchase. Funding mechanisms for this protection may include, but not be limited to, federal and State programs, local bonding authority, or donations from private organizations.

M. Local jurisdictions are encouraged to establish an education program as a means by which landowners in the Critical Area may be informed of the intent of the law, the status of the local program, and sources of additional information and assistance.

N. The establishment of buffer areas around sites of special significance (that is, habitat protection areas) is not intended to restrict or affect, beyond any existing local, State, or federal laws or regulations or on private land, any private restrictions, such activities as noncommercial passive recreation (for example, hiking and nature photography), educational pursuits, scientific observation, or hunting, trapping, or fishing.

O. The program shall require that all project approvals shall be based on findings that projects are consistent with the following goals of the Critical Area Law:

(1) Minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have runoff from surrounding lands;

(2) Conserve fish, wildlife, and plant habitat; and

(3) Establish land use policies for development in the Chesapeake and Atlantic Coastal Bays Critical Area which accommodate growth and also address the fact that, even if pollution is controlled, the number, movement, and activities of persons in that area can create adverse environmental impacts.

P. Counties and municipalities within their political boundaries are encouraged to develop their Critical Area protection programs cooperatively so that programs can be developed more efficiently and so that common land use objectives can be realized.

Md. Code Regs. 27.01.10.01

Regulation .01 amended effective July 9, 2012 (39:13 Md. R. 786); amended effective 46:22 Md. R. 976, eff. 11/4/2019