Md. Code Regs. 27.02.05.09

Current through Register Vol. 52, No. 1, January 10, 2025

Section 27.02.05.09 - [Effective 1/20/2025] Buffer

A. Applicability. The provisions of this regulation may not be construed to require a buffer or a vegetated filter strip for an agricultural drainage ditch, if the adjacent agricultural land has in place a soil conservation and water quality plan as required in Regulation .07 of this chapter.

B. Criteria. In planning or proposing development on State-owned lands, the agency proposing the development shall use all of the following criteria:

(1) In accordance with the requirements of COMAR 27.01.09.01E(3)-(7), the agency shall measure the buffer at least 100 feet;

(a) Landward from the mean high water line of tidal waters;

(b) From the landward boundary of a tidal wetland; and

(c) From the edge of each bank of a tributary stream;

(2) Development activities, including structures, roads, parking areas, and other lot coverage areas, mining and related facilities, and septic systems, are not authorized in the buffer, except for those necessarily associated with water-dependent facilities or activities as defined in Regulation .04 of this chapter;

(3) The buffer shall be maintained in natural vegetation, but may include planted vegetation where necessary to protect, stabilize, or enhance the shoreline;

(4) Agriculture is authorized in the buffer, if, as a minimum agricultural best management practice, a vegetated filter strip of at least 25 feet, measured landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream, whichever is farther inland, is established, and if:

(a) The filter strip is composed of trees, shrubs, grass, or mixed vegetation and is managed as to provide water quality benefits and habitat protection consistent with the policies stated in COMAR 27.01.09.01. Noxious weeds, including Johnson grass, Canada thistle, and other invasive plants, such as multiflora rose, which occur in the filter strip, may be controlled by authorized means;

(b) The filter strip is expanded by a distance of 4 feet for every 1 percent of slope, for slopes greater than 6 percent;

(c) The filter strip is maintained until the agency or agricultural operation is implementing, under a soil conservation and water quality plan, a program of agricultural best management practices for the specific purposes of improving water quality and protecting plant and wildlife habitat, and if the portion of the soil conservation and water quality plan being implemented achieves the water quality and habitat protection objectives of the vegetated filter strip;

(d) The feeding or watering of livestock occurs at least 50 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream, whichever is farther inland;

(e) Clearing of existing natural vegetation in the buffer is prohibited; and

(f) Agricultural activities, including the grazing of livestock, do not disturb stream banks, tidal shorelines, or other habitat protection areas covered, as applicable, in this regulation or in Regulations .10-.13 of this chapter;

(5) The buffer shall be managed to achieve or enhance the functions stated in COMAR 27.01.09.01C. person may not cut or clear trees within the buffer, except that:

(a) Commercial harvesting of trees may be authorized if:

(i) The commercial harvesting is by selection cutting or by the clearcutting of loblolly pine or tulip poplar;

(ii) The cutting or clearing is at least 50 feet landward from the mean high water line of tidal waters, at least 50 feet from the landward boundary of a tidal wetland, and at least 50 feet from the edge of each bank of a tributary stream;

(iii) The cutting does not occur in the habitat protection areas described in Regulations .10-.13 of this chapter;

(iv) The cutting is conducted in conformance with the requirements of Regulation .06 of this chapter and in conformance with a buffer management plan prepared by a registered, professional forester and approved by the Department of Natural Resources;

(v) The buffer management plan is required for all commercial harvests within the buffer, regardless of the size of the area to be cut;

(vi) Disturbance to stream banks and shorelines is avoided;

(vii) The area disturbed or cut is replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife, and reestablishes the wildlife corridor function of the buffer; and

(viii) The cutting does not involve the creation of logging roads and skid trails within the buffer;

(b) Commercial harvesting of trees, by any method, may be authorized up to the edge of each bank of an intermittent stream if the cutting is conducted in conformance with the requirements of §B(5)(a)(iii) of this regulation;

(c) Cutting of trees or removal of natural vegetation may be authorized where necessary to provide access to private or government piers, or to install or construct a shoreline stabilization measure or a water-dependent facility or activity, if the pier, measure, facility, or activity has received all necessary State and federal permits;

(d) Individual trees may be removed which are in danger of falling and causing damage to dwellings or other structures, or which are in danger of falling and thereby causing the blockage of streams, or resulting in accelerated shore erosion;

(e) Horticultural practices may be used to maintain the health of individual trees; and

(f) Other cutting techniques may be undertaken within the buffer and under the advice and guidance of the State Department of Agriculture and the Department of Natural Resources, if necessary to preserve the forest from extensive pest or disease infestation or threat from fire;

(6) When agricultural use of lands within the area of the buffer ceases and the lands are proposed to be converted to other uses, the buffer shall be established. In establishing the buffer, management measures shall be undertaken to provide forest vegetation that assures the buffer functions as set forth in the policies stated in COMAR 27.01.09.01C;

(7) The agency shall expand the buffer beyond 100 feet to include contiguous, sensitive areas, such as steep slopes, hydric soils, or highly erodible soils, whose development or disturbance may impact streams, wetlands, or other aquatic environments. In the case of contiguous slopes of 15 percent or greater, the buffer shall be expanded 4 feet for every 1 percent of slope, or to the top of the slope, whichever is greater in extent; and

(8) The agency may request from the Commission a modification of the Critical Area buffer requirements if it can be sufficiently demonstrated that the existing pattern of development in the Critical Area prevents the buffer from fulfilling the functions stated in COMAR 27.01.09.01C. f a modification is requested, the agency shall propose other measures for achieving the water quality and habitat protection objectives of the policies.

Md. Code Regs. 27.02.05.09

Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177); amended effective 48:18 Md. R. 694, eff. 9/6/2021; amended effective 49:3 Md. R. 139, eff. 2/7/2022; amended effective 52:1 Md. R. 1-46, eff. 1/20/2025.