A.
The purpose of the Critical Area Resource Protection
Chapter is to establish the Critical Area District and to provide
special regulatory protection for the land and water resources located
within the Chesapeake Bay Critical Area in Wicomico County. Land use
development standards and requirements established herein are intended
to foster more sensitive development activity for shoreline areas
and to minimize the adverse impacts of development activities on water
quality and natural habitats. This chapter implements the Wicomico
County Critical Area Program and the requirements of the Maryland
Critical Area Law and the critical area criteria and is adopted pursuant
to the Natural Resources Article, Title 8, Subtitle 18, and COMAR
27.01, the critical area criteria.
[Amended 6-26-2001 by Bill No. 2001-11]
B.
The requirements of this chapter supplement the County's
land development codes, including existing zoning and subdivision
provisions.[1] It imposes specific regulations for the development and
other land use within the Wicomico County Critical Area. In the event
of inconsistency between the provisions of this chapter and the provisions
established in other applicable ordinances, the more restrictive or
stringent provisions shall apply.
C.
This chapter has been drafted to conform to and to
implement the provisions of the Wicomico County Critical Area Program
and criteria as approved by the Chesapeake Bay Critical Area Commission
on September 6, 1989. Great care has been taken to follow carefully
the goals of the program and to ensure that the development rules,
regulations and restrictions set forth herein will achieve the goals
and objectives of the program.
D.
This chapter
will provide for reasonable accommodations in policies or procedures
when the accommodations are necessary to avoid discrimination on the
basis of physical disability, including removal of a structure that
was installed or built to accommodate a physical disability and require
restoration when the accommodation permitted by this subsection is
no longer necessary.
[Added 8-2-2011 by Bill No. 2011-07]
This chapter shall be interpreted, whenever
an administrator, the Wicomico County Planning and Zoning Commission
or the judiciary is called upon to do so, in conformance with the
purposes intended to be served by its enactment. The intent of the
regulations and supporting definitions is to protect both individual
property owners and the general public from adverse impacts which
might otherwise be the result of a proposed development or activity
within the critical area. To this end, those called upon to interpret
this chapter shall proceed as follows:
A.
Determine the public purpose(s) of the standard(s)
with respect to which an interpretation is required.
B.
Determine the actual impact of various proposed interpretations,
permitting flexibility in design but prohibiting any interpretation
that lowers the protection afforded to the public and would be inconsistent
with goals and objectives of the program and the requirements of § 8-1801
et seq. of the Natural Resources Article of the Annotated Code of
Maryland.
C.
Determine that the proposed interpretation will ensure
a just balance between the rights of the landowner and all others
who will be affected by that person's land use proposal.
D.
This chapter has been carefully designed by the County
Council of Wicomico County to avoid regulations that either sacrifice
legitimate public goals, including the protection of adjoining property
owners, or require undue limitations on the ability of property owners
to use their land in manners consistent with the goals of the program.
A.
No person shall develop, alter or use any land for
residential, commercial, industrial or institutional uses nor conduct
agricultural, fishery or forestry activities in the Wicomico County
Critical Area except in compliance with the Wicomico County Critical
Area Program and the applicable provisions contained herein. To ensure
this end, no development or resource utilization activity shall be
permitted until the applicable approving authority shall make findings
that the proposed development or activity is consistent with the goals
and objectives of the Wicomico County Critical Area Program.
B.
This chapter shall only apply to the Wicomico County
Critical Area, hereafter referred to as the "Critical Area District."
The Critical Area District shall include:
[Amended 6-26-2001 by Bill No. 2001-11; 8-2-2011 by Bill No.
2011-07]
(1)
All waters of and lands under the Chesapeake Bay and
its tributaries to the head of tide, and all state and private wetlands
designated under Title 16 of the Environment Article of the Annotated
Code of Maryland; and
(2)
All lands and water areas within 1,000 feet beyond
the landward boundaries of state or private wetlands and the heads
of tides designated under Title 16 of the Environment Article of the
Annotated Code of Maryland.
[Amended 10-23-2001 by Bill No. 2001-13]
A.
District Maps. The Wicomico County Critical Area shall be delineated on Official Critical Area District Maps prepared as part of the Wicomico County Critical Area Program. The Critical Area District Maps shall be maintained in force as official maps of the county. The Critical Area District Maps shall delineate the extent of the Critical Area District in Wicomico County which is as defined in § 125-3B.
B.
Special Buffer Area Maps. Those areas which have been mapped by the County and approved by the Critical Area Commission as special Buffer areas shall be delineated on official Critical Area Special Buffer Area Maps and maintained in force as official maps of the County. These maps shall delineate the extent of special Buffer areas as defined in § 125-11.
A.
All land within the Wicomico County Critical Area
District shall be assigned one of the following land use management
classifications as determined in the Wicomico County Critical Area
Program, which shall be shown on the Critical Area District Maps:
A.
No land may be used nor may any building or structure
be constructed, extended, altered, repaired, changed or converted
to another use until the Planning Director or the Wicomico County
Planning and Zoning Commission has issued a final Chesapeake Bay Critical
Area compliance certificate.
B.
No zoning authorization may be issued nor may any
land be subdivided for the purpose of sale or exchange until the Planning
Director or the Wicomico County Planning and Zoning Commission has
issued a final Chesapeake Bay Critical Area compliance certificate.
C.
A preliminary Chesapeake Bay Critical Area compliance
certificate may be issued by the Planning Director or the Wicomico
County Planning and Zoning Commission. The preliminary Chesapeake
Bay Critical Area compliance certificate indicates general acceptance
by the Wicomico County Planning and Zoning Commission of the development
activity subject to meeting all conditions of approval and/or obtaining
other required permits and/or approvals from other agencies. A preliminary
Chesapeake Bay Critical Area compliance certificate does not confer
the right to begin construction, sales of lots or land disturbance,
nor does it signify that final approval of the application is approved,
until all conditions of approval are met and all local, state and
federal approvals or permits required are secured.
D.
The approving authority shall only issue a final Chesapeake
Bay Critical Area compliance certificate upon finding that the proposed
development or activity will be done consistent with the requirements
of the Wicomico County Critical Area Program.
E.
The Planning Director may waive the requirement for
an environmental impact assessment as part of the Chesapeake Bay Critical
Area compliance certificate for building permits, minor subdivisions
or minor site plans.
[Amended 6-26-2001 by Bill No. 2001-11]
For the purpose of this chapter, the following
definitions describe the meanings of the terms used in the chapter.
Definitions applicable to terms used in the Critical Area District
not already contained herein shall be the same as those contained
in the Chesapeake Bay Critical Area criteria, COMAR 27.01.01.
The establishment of a tree crop on an area from which it
has always or very long been absent, or the planting of open areas
that are not presently in forest cover.
A nonpossessory interest in land which restricts the conversion
of use of the land, preventing nonagricultural uses.
The bona fide use of a parcel of land for cultivation, raising
of poultry and livestock and similar agrarian activity, including
the producing of crops; breeding, boarding or training of animals;
horticulture; apiaries; hydroponics; viniculture; forestry; aquaculture;
and the related buildings, structures and appurtenances necessary
to carry out the aforementioned activities as approved by the Advisory
Board.
Fish that travel upstream (from their primary habitat in
the ocean) to fresh water in order to spawn.
Farming or culturing of finfish, shellfish,
other aquatic plants or animals or both, in lakes, streams, inlets,
estuaries, and other natural or artificial water bodies or impoundments;
Activities include hatching, cultivating, planting,
feeding, raising, and harvesting of aquatic plants and animals and
the maintenance and construction of necessary equipment, buildings,
and growing areas; and
Cultivation methods include, but are not limited
to, seed or larvae development and grow-out facilities, fish ponds,
shellfish rafts, rack and longlines, seaweed floats and the culture
of clams and oysters on tidelands and subtidal areas. For the purpose
of this definition, related activities such as wholesale and retail
sales, processing and product storage facilities are not considered
aquacultural practices.
Unmanaged land having sparse vegetation.
Conservation practices or systems of practices and management
measures that control soil loss and reduce water quality degradation
caused by nutrients, animal waste, toxic substances and sediment.
Agricultural BMPs include, but are not limited to, strip cropping,
terracing, contour stripping, grass waterways, animal waste structures,
ponds, minimal tillage, grass and naturally vegetated filter strips
and proper nutrient application measures.
An existing, naturally vegetated area or an area established
in natural vegetation in order to protect streams, tidal wetlands,
tidal waters, shoreline and terrestrial environments from man-made
disturbances. In the Critical Area District, the minimum Buffer is
a continuous area located immediately landward from the mean high-water
of tidal waters, the edge of the bank of tributary streams in the
critical area, or the edge of a tidal wetlands and has a minimum width
of 100 feet. The Buffer shall be expanded beyond the minimum depth
to include certain sensitive areas as per requirements established
in this chapter.
[Amended 8-2-2011 by Bill No. 2011-07]
The removal of the entire stand of trees in one cutting with
tree reproduction obtained by natural seeding from adjacent stands
or from trees that were cut from advanced regeneration or stump sprouts
or from planting of seeds or seedlings by man.
A residential development to which dwelling units are concentrated
in a selected area or selected areas of the development tract so as
to provide natural habitat or other open space uses on the remainder.
Herons, egrets, terns, and glossy ibis. For the purposes
of nesting, these birds congregate (that is colonize) in relatively
few areas, at which time, the regional populations of these species
are highly susceptible to local disturbances.
A commercial operation that would alter the existing composition
or profile, or both, of a forest, including all commercial cutting
operations done by companies and private individuals for economic
gain.
Boat docking facilities associated with subdivisions and
similar residential areas, and with condominium, apartment and other
multiple-family dwelling units. Private piers are excluded from this
definition.
A compilation of policy statements, goals, standards, maps
and pertinent data relative to the past, present and future trends
of the local jurisdiction, including, but not limited to, its population,
housing, economics, social patterns, land uses, water resources and
their use, transportation facilities and public facilities prepared
by or for the Planning Commission.
A nonpossessory interest in land that restricts the manner
in which the land may be developed in an effort to conserve natural
resources for future use.
All lands and waters defined in § 8-1807 of the
Natural Resources Article. They include:
All waters of and lands under the Chesapeake
Bay and its tributaries to the head of tide and all state and private
wetlands designated under Title 16 of the Environment Article of the
Annotated Code of Maryland.
[Amended 8-2-2011 by Bill No. 2011-07]
All land and water areas within 1,000 feet beyond
the landward boundaries of state or private wetlands and the heads
of tides designated under Title 16 of the Environment Article of the
Annotated Code of Maryland.
[Amended 8-2-2011 by Bill No. 2011-07]
Modification to these areas through inclusions
or exclusions proposed by Wicomico County and approved by the Commission
as specified in § 8-1807 of the Natural Resources Article
of the Annotated Code of Maryland.
The Maryland Chesapeake Bay Critical Area Commission.
The Wicomico County portions of the critical area, as defined
in the definition of "critical area" above.
The Wicomico County Chesapeake Bay Critical Area Program,
as amended, as approved by the Chesapeake Bay Critical Area Commission
on September 6, 1989.
The number of dwelling units per acre of gross area of a
development tract, unless otherwise specified.
An area of trees and natural vegetation interspersed with
institutional or recreational development.
[Amended 8-2-2011 by Bill No. 2011-07]
A person who undertakes development activity as defined in
this chapter or who undertakes development as defined in the criteria
of the Critical Area Commission.
[Added 8-2-2011 by Bill No. 2011-07]
A human activity that results in disturbance to land, natural
vegetation, or a structure, including but not limited to, the following:
[Amended 8-2-2011 by Bill No. 2011-07]
An activity shown on a subdivision plat, revised plat, site
plan, building/zoning permit or forest preservation plan; and/or
An activity that results in the construction or substantial
alteration of any residential, commercial, industrial, institutional,
recreational (including golf courses), or transportation facilities
or structures.
The area of a lot within a larger overall lot area that is
devoted to structures and septic systems. In general, where a development
pad is prescribed, the remaining area of the lot must be maintained
in natural vegetation.
Any alteration or change to the land. This includes any amount
of clearing, grading or construction activity. This does not include
gardening or maintenance of an existing grass lawn.
[Amended 8-2-2011 by Bill No. 2011-07]
Forested areas where the occurrence of interior dwelling
birds, during the breeding season, has been demonstrated as a result
of on-site surveys using standard biological survey techniques.
Minor watercourses that are defined either by soil type or
by the presence of intermittent or perennial streams or topography
that indicates a swale where surface sheet flows join, including the
land, except where areas are designated as floodplain, on either side
of and within 50 feet of the center line of any intermittent or perennial
stream shown on the United States Geological Service's seven-and-one-half-minute
quadrangle sheets covering the unincorporated areas of Wicomico County.
A single unit providing complete, independent living facilities
for at least one person, including permanent provisions for sanitation,
cooking, eating, sleeping, and other activities routinely associated
with daily life. This includes a living quarters for a domestic employee
or other tenant, an in-law or accessory apartment, a guest house or
a caretaker residence.
[Added 8-2-2011 by Bill No. 2011-07]
A more or less self-contained biological community, together
with the physical environment in which the community's organisms occur.
A comprehensive report that describes the natural features
and characteristics of a proposed development site, the changes that
will occur as the result of proposed development activities on the
site, the anticipated environmental impacts and consequences of the
proposed development and mitigation measures to be taken to minimize
undesirable impacts to the environment.
All increases in stormwater resulting from:
An increase in the imperviousness of the site,
including all additions to buildings, roads, and parking lots;
Changes in permeability caused by compaction
during construction or modifications in contours, including the filling
or drainage of small depression areas;
Alteration of drainageways, or regrading of
slopes;
Destruction of forest; or
Installation of collection systems to intercept
street flows or to replace swales or other drainageways.
Commercial water-dependent fisheries facilities, including
structures for the packing, processing, canning or freezing of finfish,
crustaceans, mollusks and amphibians and reptiles, and also including
related activities, such as wholesale and retail sales, product storage
facilities, crab shedding, off-loading docks, shellfish culture operations
and shore-based facilities necessary for aquaculture operations.
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater. This
includes areas that have at least 100 trees per acre with at least
50% of those trees having a two-inch or greater diameter at 4.5 feet
above the ground and larger. This also includes forests that have
been cut but not cleared. Forest does not include orchards.
[Amended 8-2-2011 by Bill No. 2011-07]
Species of birds which require relatively large forested
tracts in order to breed successfully (for example, various species
of flycatchers, warblers, vireos, and woodpeckers).
The protection, manipulation and utilization of the forest
to provide multiple benefits, such as timber harvesting, wildlife
habitat, etc.
The alteration of the forest, either through tree removal
or replacement, in order to improve the timber, wildlife, recreational
or water quality values.
Describes the status accorded certain properties and development
activities that are of record prior to the date of adoption of this
chapter.
An area of land calculated as 5% of the total
resource conservation area (excluding tidal wetlands and federally
owned land), that the County may convert to more intense management
areas to accommodate land development; also
A resolution of the County Council, i.e., approving
the growth allocation, which provides for conversion of a property
or properties located in a resource conservation area (RCA) and/or
the limited development area (LDA) in the Critical Area District to
another land management classification which allows an increase in
the permitted density.
Include Palustrian Nontidal wetlands, threatened and endangered
species habitat, plant and wildlife habitats, anadromous fish spawning
propagation waters and species in need of conservation habitat, as
defined in the Wicomico County Critical Area Program. When not otherwise
indicated by the text, habitat protection areas also include the critical
area buffer.
Soils with a slope greater than 15% or those soils with a
K value greater than 0.35 with slopes greater than 5%.
An area of open water and adjacent marshes where waterfowl
gather during migration and throughout the winter season. These areas
are historic in the sense that their location is common knowledge
and because these areas have been used regularly during recent times.
Soils that are wet frequently enough to periodically produce
anaerobic conditions, thereby influencing the species composition
or growth, or both, of plants on those soils.
Those plants cited in "Vascular Plant Species Occurring in
Maryland Wetlands" (Dawson, F. et al., 1985) which are described as
growing in water or on a substrate that is at least periodically deficient
in oxygen as a result of excessive water content (plants typically
found in water habitats).
Father, mother, son, daughter, grandfather, grandmother,
grandson or granddaughter.
Any man-made surface that is resistant to the penetration
of water.
An area of at least 20 acres or the entire upland portion
of the critical area within a municipal corporation, whichever is
less, where residential, commercial, institutional, or industrial
developed land uses predominate; and a relatively small amount of
natural habitat occurs. "IDA" includes:
[Added 8-2-2011 by Bill No. 2011-07]
The soil erodibility factor in the universal soil loss equation.
It is a quantitative value that is experimentally determined.
The raising of fish or shellfish in any natural or man-made,
enclosed or impounded, water body.
Any activity that removes the vegetative ground cover.
Feature of the earth's surface created by natural causes.
An area that is developed in low- or moderate-intensity uses
and contains areas of natural plant and animal habitats and where
the quality of runoff has not been substantially altered or impaired.
"LDA" includes an area with a housing density ranging from one dwelling
per five acres up to four dwelling units per acre; with a public water
or sewer system; that is not dominated by agricultural land, wetland,
forests, barren land, surface water, or open space; or that is less
than 20 acres and otherwise qualifies as an intensely developed area.
[Added 8-2-2011 by Bill No. 2011-07]
Percentage of a total lot or parcel that is:
[Added 8-2-2011 by Bill No. 2011-07]
Occupied by a structure, accessory structure, parking area,
driveway, walkway or roadway; or
Covered with gravel, stone, shell, impermeable decking, a paver,
permeable pavement or any man-made material. Lot coverage includes
the ground area covered or occupied by a stairway or impermeable deck,
but does not include: a fence or wall that is less than one foot in
width that has not been constructed with a footer; a walkway in the
Buffer or expanded Buffer, including a stairway, that provides direct
access to a community or private pier; a wood mulch pathway; or a
deck with gaps to allow water to pass freely.
Any facility for the mooring, berthing, storing or securing
of watercraft, but not including community piers and other noncommercial
boat docking and storage facilities.
The average level of high tides at a given location.
Site plans for less than three duplexes, an accessory building
and/or addition to a commercial or industrial use structure in those
cases where a field inspection and review of the critical area habitat
maps indicates that the scope of the proposed accessory building and/or
addition is of such a nature that the provisions for handling of natural
and stormwater, sediment control, off-street parking, setbacks, water
and sewerage, habitat protection and other requirements can be adequately
addressed with a simplified site plan and environmental assessment
process.
Any subdivision containing five or fewer lots, plats, sites
or other division of land.
Components and processes present in or produced by nature,
including but not limited to soil types, geology, slopes, vegetation,
surface water, drainage patterns, aquifers, recharge areas, climate,
floodplains, aquatic life and wildlife.
Any communities of plants or animals which are considered
to be among the best statewide examples of their kind, and are designated
by regulation by the Secretary of the Department of Natural Resources.
Plant communities that develop in the absence of human activities.
A condition where landforms or biological communities, or
both, have developed by natural processes in the absence of human
activities.
Pollution generated by diffuse land use activities rather
than from an identifiable or discrete facility. It is conveyed to
waterways through natural processes, such as rainfall, storm runoff,
or groundwater seepage rather than by deliberate discharge. Nonpoint
source pollution is not generally corrected by end-of-pipe treatment,
but rather by changes in land management practices.
Resources that are not naturally regenerated or renewed.
Those areas where the water table is usually at or near the
surface or where the soil or substrate is covered by shallow water
at some time during the growing season and which are usually characterized
by one of the following:
At least periodically, the land supports predominantly
hydrophytic vegetation. "Land periodically supporting predominantly
hydrophytic vegetation" is defined to mean areas of natural vegetation
where the water table is at the surface of the land for at least two
weeks during the growing season.
The substrate is predominantly undrained hydric
soils (i.e., does not have tile drains or drainage ditches).
Structures or actions that compensate for undesirable impacts.
Undeveloped land used primarily for resource protection or
recreational purposes; land and water areas retained for use as active
or passive recreation areas in an essentially underdeveloped state
or land areas retained in natural cover, agricultural or commercial
forestry use.
Tidal waters of the state that do not contain tidal wetlands
and/or submerged aquatic vegetation.
The strata or material in its natural state, before its removal
by surface mining, overlying a mineral deposit, or in between mineral
deposits.
The area of a lot within a larger overall lot area that is
devoted to structures and septic systems. In general, where a development
pad is prescribed, the remaining area of the lot must be maintained
in natural vegetation.
All nontidal wetlands dominated by trees, shrubs, persistent
emergent plants, or emergent mosses or lichens and all such wetlands
that occur in tidal areas where the salinity due to ocean-derived
salts is below 1/2 part per 1,000 parts of water.
An individual, firm, partnership, association, corporation,
company, organization, contractor, property owner or any other entity.
[Added 8-2-2011 by Bill No. 2011-07]
The soils, topography, land slope and aspect, and local climate
that influence the form and species composition of plant communities.
A facility or area established or designated by the state
or local jurisdictions for purposes of waterborne commerce.
The cutting and removal of trees for personal use.
Any change or proposed change to an adopted program that
is not determined by the Chairman of the Critical Area Commission
to be a program refinement.
[Added 8-2-2011 by Bill No. 2011-07]
Any change or proposed change to an adopted program that
the Chairman of the Critical Area Commission determines will result
in a use of land or water in the Chesapeake Bay Critical Area or Atlantic
Coastal Bays Critical Area in a manner consistent with the adopted
program or that will not significantly affect the use of land or water
in the critical area. Program refinement may include:
[Added 8-2-2011 by Bill No. 2011-07]
A change to an adopted program that results from state law;
A change to an adopted program that affects local processes
and procedures;
A change to a local code that clarifies an existing provision;
or
A minor change to an element of an adopted program that is clearly
consistent with the provisions of state critical area law and all
the criteria of the Commission.
The approval of development, other than development by the
state or local government, in the Chesapeake Bay critical area by
the appropriate local approval authority. The term includes approval
of subdivision plats and site plans; inclusion of areas within floating
zones; issuance of variances, special exceptions, and conditional
use permits; and issuance of zoning permits. The term does not include
building permits.
Any person, group of persons, family, firm or firms, corporation
or corporations, partnership or any other legal entity having legal
title to or substantial proprietary interest in the land at issue
under this chapter.
[Added 8-2-2011 by Bill No. 2011-07]
Shore-dependent recreation facilities or activities provided
by public agencies which are available to the general public.
The reasonable rehabilitation of disturbed land for useful
purposes, and the protection of the natural resources of adjacent
areas, including waterbodies.
The process of developing land that is or has been developed.
The establishment of a forest through artificial reproduction
or natural regeneration.
A resource that can renew or replace itself and, therefore,
with proper management, can be harvested indefinitely.
An area that is a nature-dominated environment, such as wetlands,
surface water, forests, and open space and prime land for resource-based
activities, such as agriculture, forestry, fisheries, or aquaculture.
This includes an area with a housing density of less than one dwelling
per five acres.
[Added 8-2-2011 by Bill No. 2011-07]
A habitat that is strongly influenced by water and which
occurs adjacent to streams, shorelines, and wetlands.
A condition where surface water is present for extended periods,
especially early in the growing season, and when surface water is
absent, the water table is often near the land surface.
The removal of single, scattered, mature trees or other trees
from uneven-aged stands by frequent and periodic cutting operations.
Any of number of structural and nonstructural methods or
techniques for controlling the erosion of shoreline areas. More specifically,
the term refers to:
NONSTRUCTURALCreation of an intertidal marsh fringe, channelward of the existing bank, by one of the following methods:
Vegetation: planting an existing shore with
a wide band of vegetation.
Bank sloping/vegetation: sloping and planting
a nonwooded bank to manage tidal water contact, using structures to
contain sloped materials, if necessary.
Contained beach: filling along the shore with
sandy materials, grading and containing the new beach to eliminate
tidal water contact with the bank.
An annual rate or erosion of two feet or greater.
Land use plans for farms that show farmers how to make the
best possible use of their soil and water resources while protecting
and conserving those resources for the future. It is a document containing
a map and related plans that indicate:
An area officially mapped by the County and approved by the
Critical Area Commission as a special Buffer area where it has been
sufficiently demonstrated that the existing pattern of residential,
industrial, commercial, institutional or recreational development
in the critical area prevents the Buffer from fulfilling its intended
functions for water quality protection and wildlife habitat conservation.
Those fish and wildlife whose continued existence as part
of the state's resources are in question and which may be designated
by regulation by the Secretary of Natural Resources as in need of
conservation pursuant to the requirements of Natural Resources Article
10-2A-06 and 4-2A-03, Annotated Code of Maryland.
The overburden and reject materials as piled or deposited
during surface mining.
Slopes of fifteen-percent or greater incline.
A forest practice used to accelerate tree growth of quality
trees in the shortest interval of time.
State wetlands, defined as any land under the navigable waters
of the state below the mean high-water line affected by the regular
rise and fall of tide, and private wetlands, defined as any land not
considered state wetlands bordering or lying beneath tidal waters
that are subject to regular or periodic tidal action and support aquatic
growth. Private wetlands include wetlands transferred by the state
by a valid grant, lease, patent or grant confirmed by Article 5 of
the Declaration of Rights of the Constitution to the extent of the
interest transferred. The term "regular or periodic tidal action"
means the rise and fall of the sea produced by the attraction of the
sun and moon uninfluenced by the wind or any other circumstance.
The existing configuration of the earth's surface, including
the relative relief, elevations and position of land features.
A plant community whose species are adapted to the diverse
and varying environmental conditions that occur along the boundary
that separates aquatic and terrestrial areas.
Anything that is built, installed, or established to provide
a means of transport from one place to another.
A woody perennial plant having a single, usually elongated,
main stem generally with few or no branches on its lower part; a perennial
shrub or herb of arborescent form.
A perennial and intermittent stream in the critical area
that has been identified by site inspection or in accordance with
local procedures described in this chapter.
[Amended 8-2-2011 by Bill No. 2011-07]
Without a variance, an applicant would be denied reasonable
and significant use of the entire parcel or lot for which the variance
is requested.
[Added 8-2-2011 by Bill No. 2011-07]
Fixed structures that convey or distribute resources, wastes,
or both, including but not limited to electrical lines, water conduits
and sewer lines.
A facility where sand and gravel is washed during processing.
The raising of fish and shellfish in any natural, open, free-flowing
water body.
Structures or works associated with industrial, maritime,
recreational, educational or fisheries activities which Wicomico County
has determined require location at or near the shoreline within the
Buffer.
An industry that requires location near the shoreline because
it utilizes surface waters for cooling or other internal purposes.
Birds which frequent and often swim in water, nest and raise
their young near water, and derive at least part of their food from
aquatic plants and animals.
A strip of land having vegetation that provides habitat and
a safe passageway for wildlife.
A.
A single lot or parcel of land that was legally of record on October 13, 1989, may be developed with a single-family dwelling, if the dwelling was not already placed there, notwithstanding that such development may be inconsistent with the density provisions of § 125-14.
B.
Except as otherwise provided, the following types of land may be developed in accordance with density requirements in effect prior to the adoption of this chapter, notwithstanding the density provisions of § 125-14:
(1)
Any lot on which development activity has legally
progressed to the point of pouring foundation footing or installation
of structural members.
(2)
Any legal parcel of land not being part of a recorded
subdivision which received final approval of development by the appropriate
approving authority prior to June 1, 1984.
(3)
Any legal parcel of land not being part of a recorded
subdivision that was recorded as of December 1, 1985. Development
on lots created after June 1, 1984, and prior to October 13, 1989,
shall comply with the conditions imposed under interim findings made
by the Wicomico County Planning and Zoning Commission.
(4)
Land that was subdivided into recorded, legally buildable lots or where the subdivision received final approval prior to June 1, 1984, provided that the development of these lands conforms to the Wicomico County Critical Area Program insofar as possible, as determined by the Wicomico County Planning and Zoning Commission. At a minimum, development on lots created prior to June 1, 1984, shall comply with the provisions of §§ 125-11 and 125-12 contained herein. Where consolidation or reconfiguration of lots not individually owned is required, the provisions of this chapter shall apply to the consolidated or reconfigured lot insofar as possible.
(5)
Land that was subdivided into recorded, legally buildable
lots where the subdivision received final approval after December
1, 1985, provided that interim findings, as per § 8-1813
of the Critical Areas Law, have been made by the Wicomico County Planning
and Zoning Commission and that the development complies with the conditions
of the interim findings approval or the area of the land is counted
against the growth increment permitted under COMAR 27.01.02.06.
[Amended 6-26-2001 by Bill No. 2001-11]
C.
Any existing legal building or use of land as of October
13, 1989, that does not fully comply with this chapter or the Wicomico
County Critical Area Program is a legal nonconforming use. Expansion
of such existing buildings or uses shall not be permitted until a
determination has been made by the Wicomico County Planning and Zoning
Commission that such expansion complies with the provisions of this
chapter and a final Chesapeake Bay Critical Area compliance certificate
is issued. If any existing use does not conform with the provisions
of a local program, its intensification or expansion may be permitted
only in accordance with the variance procedures outlined in COMAR
27.01.11.
[Amended 6-26-2001 by Bill No. 2001-11]
D.
Nothing in this chapter may be interpreted as altering
any requirements for development activities set out in COMAR 27.01.03
and 27.01.09.
[Amended 6-26-2001 by Bill No. 2001-11]
