[Amended 6-26-2001 by Bill No. 2001-11]
Except as provided for in § 125-18, new development activities, including clearing of existing natural vegetation, erection of structures, construction of new roads, parking areas or other impervious surfaces and the placement of sewage disposal systems, are not permitted in the Buffer, except as provided for in § 125-11.
A.Â
The Buffer shall be expanded to include contiguous
sensitive areas on the parcel whose development or disturbance the
Wicomico County Planning and Zoning Commission determines may impact
streams, wetlands or other aquatic environments. This expansion will
occur whenever development, forestry, agriculture or other land-disturbing
activities are proposed. Sensitive areas have the following features:
B.Â
The expanded Buffer must be shown on plans required
for such development or land disturbance.
C.Â
The Buffer shall be expanded according to the following
rules:
(1)Â
The Buffer shall be expanded four feet for every percent
of slope or to the top of the slope, whichever is greater; and
[Amended 6-26-2001 by Bill No. 2001-11]
(2)Â
The Buffer shall be expanded to the upland limit of
adjacent hydric soils, soils with hydric properties and erodible soils
whose development or disturbance the Wicomico County Planning and
Zoning Commission determines may impact the critical area.
[Amended 6-26-2001 by Bill No. 2001-11]
A.Â
Special Buffer area - residential.
(1)Â
Definition. "Special Buffer area" means 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 as specified in COMAR
27.01.09.01.B.
(2)Â
General policy. The provisions herein are intended
to accommodate limited use of shoreline areas for single-family detached
residential development while protecting water quality and wildlife
habitat to the greatest extent possible.
(3)Â
Applicability. The following criteria applies to new
development or redevelopment on single-family detached residential
properties located in mapped special Buffer areas as defined herein.
This policy only applies to lots of record at the time of original
program approval.
(4)Â
Standards.
(a)Â
New development or redevelopment activities,
including structures, roads, parking areas and other impervious surfaces
or septic systems will not be permitted in the Buffer unless the applicant
can demonstrate that there is no feasible alternative.
(b)Â
New development or redevelopment shall minimize
the shoreward extent of intrusion into the Buffer. New development
and redevelopment shall not be located closer to the water (or the
edge of tidal wetlands) than principal structures on adjacent properties
or the local setback for the zoning district, whichever is greater.
In no case shall new development or redevelopment be located less
than 25 feet from the water (or the edge of tidal wetlands).
(c)Â
Existing principal or accessory structures in
the Buffer may be replaced in the same location. Any increase in impervious
area within the Buffer shall comply fully with the requirements of
this policy.
(d)Â
New accessory structures may be permitted in
the Buffer in accordance with the following setback requirements:
[1]Â
New accessory structures may be located closer
to the water or edge of tidal wetlands than the dwelling only if there
are no other locations for the accessory structures.
[2]Â
The area of the accessory structures within
the Buffer shall be minimized and the cumulative total area of all
new and existing accessory structures on the property shall not exceed
500 square feet within 50 feet of the water and 1,000 square feet
total.
[3]Â
In no case shall new accessory structures be
located less than 25 feet from the water (or edge of tidal wetlands).
(e)Â
Variances to local setback requirements should
be considered before additional intrusion into the Buffer.
(f)Â
Development may not impact any HPAs other than
the Buffer, including nontidal wetlands, other state or federal permits
notwithstanding.
(g)Â
No natural vegetation may be removed in the
Buffer except that required by the proposed construction. The applicant
will be required to maintain any other existing natural vegetation
in the Buffer.
(h)Â
BEA designation shall not be used to facilitate
the filling of tidal wetlands that are contiguous to the Buffer to
create additional buildable land for new development or redevelopment.
(i)Â
Any development or redevelopment in the special
Buffer area requires mitigation, in the form of plantings, offsets,
or fees-in-lieu.
(j)Â
Any required reforestation/mitigation/offset
areas must be designated under a development agreement or other instrument
and recorded among the land records of the County.
(5)Â
Mitigation. Mitigation measures shall be implemented
in the following order of preference:
(a)Â
Natural vegetation of any area twice the extent
of the footprint of the development activity within the one-hundred-foot
Buffer shall be planted on site in the Buffer or other location as
may be determined by the County. If it is not possible to carry out
offsets or other mitigation within the critical area, any plantings
or other habitat/water quality improvements should occur within the
affected watershed.
(b)Â
Applicants who cannot comply with the planting
requirement may use offsets to meet the mitigation requirement. Offsets
may include the removal of an equivalent area or existing impervious
surfaces in the Buffer, the construction of best management practices
for stormwater, wetland creation or restoration, or other measures
that improve water quality or habitat.
(c)Â
Applicants who cannot comply with either the planting or offset requirements in Subsection A(5)(a) or (b) above are required to pay into a fee-in-lieu program administered by the local jurisdiction. A jurisdiction shall establish rates that will generate adequate funds to carry out planting or offset programs. Any fee-in-lieu collected under these provisions shall be placed in an account that will assure their use only for projects within the critical area for the benefit of wildlife habitat and water quality improvement. The status of these funds must be reported in the jurisdiction's quarterly reports.
(d)Â
Alternative provisions for meeting the mitigation
requirements may be proposed by a local jurisdiction and approved
by the Critical Area Commission.
(6)Â
Notification requirements.
(a)Â
The Planning Director, or his designee, will
document that all the criteria in this section are met, including
that the disturbance to the Buffer is the least intrusion necessary.
That documentation will be available to the Commission upon request.
(b)Â
The reporting of development activity carried
out under this provision must be included in the jurisdiction's quarterly
reports.
(7)Â
Requirements for mapping new special Buffer areas.
(a)Â
Only grandfathered lots are eligible for mapping
as a special Buffer area.
(b)Â
For each special Buffer area, the lots that
comprise the special Buffer area shall contain a Buffer which is,
at the time of the proposal, significantly impacted by development
activities that existed at the time of program adoption and that prevent
the Buffer from fulfilling its functions. Development parcels or lots
shall contain a Buffer intrusion, at the time of proposal, caused
by the principal structures (excluding utilities or septic systems).
Undeveloped or vacant residential parcels or lots (i.e., infill) may
be designated as a special Buffer area if development within the Buffer
cannot be avoided based on the size of the parcel or lot, area of
the parcel or lot within the Buffer, or the surrounding pattern of
development.
(c)Â
Any proposal by the jurisdiction for designation
of an area as a special Buffer area shall include, at a minimum, the
jurisdiction's written findings of and supporting reasons which demonstrate
the degree to which the proposed special Buffer area does not perform
each of the following Buffer functions (1) through (5):
[1]Â
Provide for the removal or reduction of sediments,
nutrients, and potentially harmful toxic substances in runoff entering
the bay and its tributaries;
[2]Â
Minimize the adverse effects of human activities
on wetlands, shorelines, stream banks, and aquatic resources;
[3]Â
Maintain an area of transitional habitat between
aquatic and upland communities;
[4]Â
Maintain the natural environment of streams;
and
[5]Â
Protect riparian wildlife habitat.
(8)Â
ACCESSORY STRUCTURE
DEVELOPMENT ACTIVITY
GRANDFATHERED PARCEL/LOT
NATURAL FOREST VEGETATION
NEW DEVELOPMENT
PRINCIPAL STRUCTURE
REDEVELOPMENT
SPECIAL BUFFER AREA
Definitions. For the purpose of implementing this
section, the following words have the following meanings. (In the
case of conflicts with other definitions, the stricter provisions
shall apply.)
A structure that is detached from the principal structure,
located on the same lot and clearly incidental and subordinate to
the principal structure; or if there is no principal structure on
the lot, a structure that is customarily incidental and subordinate
to a principal structure.
The construction or substantial alteration of residential,
commercial, industrial, institutional, recreational or transportation
facilities or structures. Development activities include, among other
things, structures, roads, parking areas, and other impervious surfaces,
mining and related facilities, clearing, grading and septic systems.
For purposes of implementing this policy, development activity does
not include subdivision.
A parcel of land or lot that was subdivided into recorded,
legally buildable lots where the subdivision received final approval
before December 1, 1985.
Vegetation consisting of canopy trees, understory trees,
shrubs, and herbaceous plants that are typically found in riparian
areas in Maryland. Areas of natural forest vegetation planted to meet
the mitigation requirements in this policy shall be designed to mimic
the structure and species composition of natural forests.
A development activity that takes place on a property with
pre-development imperviousness less than 15% as of December 1, 1985.
For the purpose of establishing setbacks, the primary or
predominant structure on any lot or parcel. For residential parcels
or lots, the principal structure is the primary dwelling, excluding
utilities and the septic system.
A development activity that takes place on a property with
pre-development imperviousness greater than 15% as of December 1,
1985.
An area officially mapped by the local jurisdiction 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.
B.Â
Special Buffer area - commercial, industrial, institutional,
recreational and multifamily residential.
(1)Â
Definition. "Special Buffer area" means an area officially
mapped by the Planning Commission 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 (as specified
in COMAR 27.01.09.01.B).
(2)Â
General policy. The provisions herein are intended
to accommodate limited use of shoreline areas for commercial, industrial,
institutional, recreational and multifamily development while protecting
water quality and wildlife habitat to the greatest extent possible.
(3)Â
Applicability. The following criteria applies to new
commercial, institutional, recreational, and multifamily residential
development or redevelopment within 100 feet of tidal waters, tidal
wetlands, and tributary streams and only applies to lots of record
at the time of original program approval.
(4)Â
Standards.
(a)Â
New development or redevelopment activities,
including structures, roads, parking areas and other impervious surfaces
or septic systems will not be permitted in the Buffer unless the applicant
can demonstrate that there is no feasible alternative, and the County
finds that efforts have been made to minimize Buffer impacts based
on the following guidelines:
[1]Â
Development and redevelopment activities shall
be located as far as possible from mean high tide, the landward edge
of tidal wetlands or the edge of tributary streams.
[2]Â
Variances to other local setback requirements
shall be considered before additional intrusion into the Buffer.
[3]Â
Convenience or expense shall not be factors
considered when evaluating the extent of allowable impacts to the
Buffer.
(b)Â
New development, including accessory structures,
shall minimize the extent of intrusion into the Buffer. New development
shall not be located closer to the water (or edge of tidal wetlands)
than the County setback for the zoning district or 50 feet, whichever
is greater. Structures on adjacent properties shall not be used to
determine the setback line. The fifty-foot setback shall be maintained
for all subsequent development or redevelopment of the property.
(c)Â
Redevelopment, including accessory structures,
shall minimize the extent of intrusion into the Buffer. Redevelopment
shall not be located closer to the water (or edge of tidal wetlands)
than the local setback for the zoning district or 25 feet, whichever
is greater. Structures on adjacent properties shall not be used to
determine the setback line. Existing structures located within the
setback may remain or a new structure may be constructed on the footprint
of an existing structure or impervious surface. Opportunities to establish
a twenty-five-foot setback should be maximized.
(d)Â
Development and redevelopment may not impact
any HPAs other than the Buffer, including nontidal wetlands, other
state or federal permits notwithstanding.
(e)Â
No natural vegetation may be removed in the
Buffer except that required by the proposed construction. The applicant
will be required to maintain any other existing natural vegetation
in the Buffer.
(f)Â
Special Buffer area designation shall not be
used to facilitate the filling of tidal wetlands that are contiguous
to the Buffer or to create additional buildable land for new development
or redevelopment.
(g)Â
Any development or redevelopment in the special
Buffer area requires mitigation, in the form of plantings, offsets,
or fees-in-lieu.
(h)Â
Any required reforestation / mitigation / offset
areas must be designated under a development agreement or other instrument
and recorded among the land records of Wicomico County.
(5)Â
Mitigation.
(a)Â
The following mitigation measure shall be implemented
for all development and redevelopment projects:
[1]Â
A forested or landscaped buffer yard, 25 feet
wide, shall be established on the project site between the development
and the water. This buffer yard shall be densely planted with trees
and shrubs in accordance with Table 1, below.
[2]Â
On redevelopment sites, if existing structures
or those rebuilt on an existing footprint limit the area available
for planting, then appropriate modifications to the width of the planted
buffer yard may be made on a case-by-case basis.
Table 1
Required Buffer Yard Planting
| ||
---|---|---|
Area
|
Quantity and Stocking
|
Suggested Species
|
For every 100
|
5 trees; and
|
White or Red Oak, Pin linear feet of Oak, Willow
Oak, Red buffer yard Maple, American Holly, Eastern Red Cedar
|
10 understory trees/ large shrubs; and
|
Dogwood, Mountain Laurel, Bayberry, Shadbush,
Winterberry
| |
30 small shrubs; and
|
Pepperbush, Chokeberry, Strawberry Bush, Sweetspire
| |
40 herbaceous plants, grasses, etc.
|
Wild Columbine, Butterflyweed, Common Milkweed,
Asters
|
(b)Â
In addition to establishing a twenty-five-foot
buffer yard on site as described above, one of the following mitigation
measures shall be implemented based on the following order of preference:
[1]Â
Natural forest vegetation of an area twice the
extent of the footprint of the development activity within the one-hundred-foot
Buffer shall be planted on site in the Buffer or at another location,
preferably on-site, as may be determined by the County.
[2]Â
Applicants who cannot fully comply with the planting requirement in Subsection B(5)(b)[1] above, may use offsets to meet the mitigation requirement. Offsets may include the removal of an equivalent area of existing impervious surfaces in the Buffer, the construction of best management practices for stormwater, wetland creation or restoration, or other measures that improve water quality or habitat.
[3]Â
Applicants who cannot comply with either planting or offset requirements in Subsection B(5)(b)[1] or [2] above, are required to pay into a fee-in-lieu program administered by Wicomico County. The County shall establish rates that will generate adequate funds to carry out planting or offset programs and that provide a sufficient deterrent to location in the Buffer. Any fees-in-lieu collected under these provisions shall be placed in an account that will assure their use only for projects within the critical area for benefit of wildlife habitat and water quality improvement. The status of these funds must be reported in the County's quarterly reports.
[4]Â
Any required mitigation/offset areas must be
protected from future development through an easement development
agreement, plat notes or other instrument and recorded among the land
records of Wicomico County.
(6)Â
Notification requirements.
(a)Â
Within special Buffer areas, all new commercial,
industrial, institutional, recreational, multifamily residential development
or redevelopment projects shall be submitted to the Critical Area
Commission in accordance with COMAR 27.03.01.03. Mitigation plans
shall be included as part of the project submission.
(b)Â
The Planning Director shall document that all
the criteria in this section are met, including that the disturbance
to the Buffer is the least intrusion necessary. This documentation
shall be available to the Commission upon request.
(c)Â
The reporting of development activity carried
out under this provision must be included in the County's quarterly
reports.
(7)Â
Requirements for mapping new special Buffer areas.
(a)Â
Only grandfathered lots are eligible for mapping
as a special Buffer area by the County.
(b)Â
For each special Buffer area, the lots that
comprise the special Buffer area shall contain a Buffer which is,
at the time of the proposal, significantly impacted by development
activities that existed at the time of program adoption and that prevent
the Buffer from fulfilling its functions. Developed parcels or lots
shall contain a Buffer intrusion, at the time of proposal, caused
by the existing principal structures (excluding utilities or septic
systems). Undeveloped or vacant residential parcels or lots (i.e.,
infill) may be designated as a special Buffer area if development
within the Buffer cannot be avoided based on the size of the parcel
or lot, area of the parcel or lot within the Buffer, or the surrounding
pattern of development.
(c)Â
If only part of a parcel or lot meets the criteria
for designation as a special Buffer area, then only those portions
of a parcel or lot shall be designated as a special Buffer area. The
portion of the parcel designated as a special Buffer area will be
subject to the special Buffer area development restrictions. Portions
of the property that are not designated as a special Buffer area shall
comply fully with the one-hundred-foot Buffer restrictions.
(d)Â
Any proposal by the jurisdiction for designation
of an area as a special Buffer area shall include, at a minimum, the
jurisdiction's written findings of and supporting reasons which demonstrate
the degree to which the proposed special Buffer area does not perform
each of the following Buffer functions (1) through (5):
[1]Â
Provide for the removal or reduction of sediments,
nutrients, and potentially harmful or toxic substances in runoff entering
the bay and its tributaries;
[2]Â
Minimize the adverse effects of human activities
on wetlands,
[3]Â
Maintain an area of transitional habitat between
aquatic and upland communities;
[4]Â
Maintain the natural environment of streams;
and
[5]Â
Protect riparian wildlife habitat.
(8)Â
ACCESSORY STRUCTURE
BUFFER YARD
DEVELOPMENT ACTIVITY
GRANDFATHERED PARCEL/LOT
NATURAL FOREST VEGETATION
NEW DEVELOPMENT
PRINCIPAL STRUCTURE
REDEVELOPMENT
SPECIAL BUFFER AREA
Definitions. For the purpose of implementing this
policy, the following words have the following meanings. (In the case
of conflicts with other definitions, the stricter provisions shall
apply.)
A structure that is detached from the principal structure,
located on the same lot and clearly incidental and subordinate to
the principal structure; or if there is no principal structure on
the lot, a structure that is customarily incidental and subordinate
to a principal structure.
An area, at least 25 feet wide, located between development
activity and the water (or edge of wetlands or streams), planted with
vegetation consisting of native species and other appropriate plantings.
This area shall be maintained primarily for the purposes of wildlife
habitat and water quality and shall not be maintained in a manner
that conflicts with these purposes such as by mowing or the application
of herbicides.
The construction or substantial alteration of residential,
commercial, industrial, institutional, recreational or transportation
facilities or structures. Development activities include, among other
things, structures, roads, parking areas, and other impervious surfaces,
mining and related facilities, clearing, grading and septic systems.
For purposes of implementing this policy, development activity does
not include subdivision.
A parcel of land or lot that was subdivided into recorded,
legally buildable lots where the subdivision received final approval
before December 1, 1985.
Vegetation consisting of canopy trees, understory trees,
shrubs, and herbaceous plants that are typically found in riparian
areas in Maryland. Areas of natural forest vegetation planted to meet
the mitigation requirements in this policy shall be designed to mimic
the structure and species composition of natural forests.
A development activity that takes place on a property with
pre-development imperviousness less than 15% as of December 1, 1985.
For the purpose of establishing setbacks, the primary or
predominant structure on any lot or parcel. For residential parcels
or lots, the principal structure is the primary dwelling, excluding
utilities and the septic system.
A development activity that takes place on a property with
pre-development imperviousness greater than 15% as of December 1,
1985.
An area officially mapped by the local jurisdiction 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.
[Amended 6-26-2001 by Bill No. 2001-11]
A.Â
No natural vegetation shall be removed nor shall the
slope of the land surface be altered in the Buffer, including clearing
of existing natural vegetation to create new agriculture lands.
B.Â
Commercial harvesting of trees is permitted, under
an approved forest management plan, to the edge of intermittent streams
and to within fifty feet of the mean high-water line or tidal wetlands
when harvesting involves clear-cutting of loblolly pine and tulip
polar and selective cutting of other species.
C.Â
Limited cutting or clearing of trees shall be permitted
for the following purposes under an approved woodland management plan:
(1)Â
For personal use, provided that Buffer functions are
not impaired and trees cut are replanted.
(2)Â
To prevent trees from falling and blocking streams,
causing damage to dwellings or other structures or resulting in accelerated
erosion of the shore or streambank;
(3)Â
In conjunction with horticultural practices used to
maintain the health of individual trees;
(4)Â
To provide access to private piers;
(5)Â
To install or construct an approved shore erosion
protection device or measure; or
(6)Â
To protect forests from extensive pest or disease
infestation or threat from fires, if approved by the Department of
Agriculture or the Bay Watershed Forester.