A.
Applicability. The following words have the following meanings for the purposes of implementing the Critical Area Program and this chapter, and the singular always includes the plural, and vice versa, except where such construction would be unreasonable. Terms identified with the initials "CA" apply county-wide and, where applicable to lands in the Critical Area, may not be modified without the approval of the Maryland Chesapeake Bay Critical Area Commission:
B. ABANDONED or ABANDONMENT - CA ABATEMENT ACCESSORY STRUCTURE ADDITION ADMINISTRATIVE VARIANCE - CA AFFORESTATION - CA AGRICULTURAL EASEMENT AGRICULTURE ANADROMOUS FISH ANADROMOUS FISH PROPAGATION WATERS AQUACULTURE(1) (2) (3) (4) BARREN LAND BED-AND-BREAKFAST HOME - CA BEST MANAGEMENT PRACTICES (BMPs) BONA FIDE INTRAFAMILY TRANSFER BUFFER - CA BUFFER EXEMPTION AREA (BEA) - CA BUFFER MANAGEMENT PLAN - CA BUFFERYARD CANOPY TREE CLEARCUTTING CLUSTER DEVELOPMENT - CA COLONIAL NESTING WATER BIRDS COMAR COMMERCIAL HARVESTING COMMUNITY PIERS COMPREHENSIVE PLAN CONFORMING CONSERVATION EASEMENT CONSOLIDATION COVER CROP CRITICAL AREA - CA(1) (2) (3) (4) CRITICAL AREA COMMISSION DENSITY - CA DEPARTMENT DESIGNATED GROWTH AREAS(1) (2) (3) DEVELOPED WOODLAND - CA DEVELOPED WOODLANDS DEVELOPER DEVELOPMENT ACTIVITY DEVELOPMENT AREA - CA DEVELOPMENT ENVELOPE - CA DIRECTOR DISTURBANCE DOCUMENTED BREEDING BIRD AREA - CA DWELLING UNIT - CA ECOSYSTEM EMERGENCY SERVICES - CA ENDANGERED SPECIES ESSENTIAL SERVICES ESTABLISHMENT EXCESS STORMWATER RUNOFF(1) (2) (3) (4) (5) FINANCIAL ASSURANCE FISHERIES ACTIVITIES - CA FOREST - CA FOREST INTERIOR DWELLING BIRDS FOREST MANAGEMENT FOREST PRACTICE FULLY ESTABLISHED GRANDFATHERED PARCEL or GRANDFATHERED LOT GRANDFATHERING - CA GROWTH ALLOCATION(1) (2) GROWTH ALLOCATION ENVELOPE HABITAT PROTECTION AREA (HPA) - CA HABITAT PROTECTION PLAN HAZARDOUS TREE(1) (2) HIGHLY ERODIBLE SOILS HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA HOME IMPROVEMENT HOTEL/MOTEL - CA HYDRIC SOILS HYDROPHYTIC VEGETATION IMMEDIATE FAMILY IN-KIND REPLACEMENT INTENSELY DEVELOPED AREA - CA INTRAFAMILY TRANSFER INVASIVE SPECIES K VALUE LAND CLEARING LAND-BASED AQUACULTURE LANDFORMS LANDWARD EDGE LARGE SHRUB LEGALLY DEVELOPED LIMIT OF DISTURBANCE LIMITED DEVELOPMENT AREA - CA LIVING SHORELINE LOCAL SIGNIFICANCE LOT COVERAGE MAJOR BUFFER MANAGEMENT PLAN MAJOR DEVELOPMENT MARINA MEAN HIGH-WATER LINE (MHWL) MINOR BUFFER MANAGEMENT PLAN MITIGATION MODIFIED BUFFER AREA (MBA) MUNICIPAL ANNEXATION GROWTH ALLOCATION MUNICIPAL INFILL GROWTH ALLOCATION NATIVE PLANT NATURAL FEATURES NATURAL FOREST VEGETATION NATURAL HERITAGE AREA NATURAL PARKS NATURAL REGENERATION NATURAL VEGETATION NATURAL VEGETATION - CA NATURE-DOMINATED NEW DEVELOPMENT NON-POINT SOURCE POLLUTION NONRENEWABLE RESOURCES NONTIDAL WETLANDS NON-WATER-DEPENDENT PROJECT(1) (2) (a) (b) (c) OFFSETS OVERBURDEN PALUSTRINE PERMANENT DISTURBANCE(1) (a) (b) (c) (d) (2) PERSON PHYSIOGRAPHIC FEATURES PIER PLANT AND WILDLIFE HABITAT - CA PLANT HABITAT PORT - CA PRINCIPAL STRUCTURE PRIVATE HARVESTING PROGRAM AMENDMENT PROGRAM REFINEMENT(1) (2) (3) (4) PROJECT APPROVALS PROPERTY OWNER PUBLIC UTILITIES - CA PUBLIC WATER-ORIENTED RECREATION RECLAMATION RECONFIGURATION REDEVELOPMENT REFORESTATION - CA REMAINING LANDS RENEWABLE RESOURCE RESERVED LANDS RESOURCE CONSERVATION AREA - CA RESOURCE UTILIZATION ACTIVITIES RESTORATION RIPARIAN HABITAT - CA ROAD - CA SEASONALLY FLOODED WATER REGIME SELECTION SHORE EROSION PROTECTION WORKS(1) (a) (b) (c) (2) SHORELINE SIGNIFICANTLY ERODING AREAS SIMPLIFIED BUFFER MANAGEMENT PLAN SMALL SHRUB SOIL CONSERVATION AND WATER QUALITY PLANS SPECIES IN NEED OF CONSERVATION SPECIES OF CONCERN - CA SPOIL PILE STEEP SLOPES STRUCTURE SUBSTANTIAL ALTERATION SUPPLEMENTAL GROWTH ALLOCATION SUPPLEMENTAL PLANTING PLAN SURFACE MINING TEMPORARY DISTURBANCE(1) (a) (b) (c) (d) (2) THINNING THREATENED SPECIES TIDEWATER BUFFER - CA TOPOGRAPHY TRANSITIONAL HABITAT TRANSPORTATION FACILITIES - CA TREE TRIBUTARY STREAM UNDERSTORY UNDERSTORY TREE UNWARRANTED HARDSHIP - CA UPLAND BOUNDARY USE(1) (2) (3) UTILITY UTILITY TRANSMISSION FACILITIES - CA VARIANCE - CA WASH PLANT WATER-BASED AQUACULTURE WATER-DEPENDENT FACILITIES - CA WATER-USE INDUSTRY WATER-USE INDUSTRY - CA WATERFOWL WATERFOWL CONCENTRATION AREAS - CA WETLAND MITIGATION PLAN - CA WILDLIFE CORRIDOR WILDLIFE HABITAT
Terms defined.
To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
The act of putting an end to a land alteration or development activity or reducing the degree or intensity of the alteration or activity.
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure and is not attached by any common wall or by a common roof to the main structure.
Construction that increases the size of a structure.
An alternative to the standard Critical Area buffer variance procedures available only if a development project meets specific criteria.
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 which are not presently in forest cover.
A nonpossessory interest in land which restricts the conversion of use of the land, preventing nonagricultural uses.
The use of land for the purposes of farming, dairying, pasturing, agriculture, horticulture, viticulture, silvaculture, floriculture, fish culture, and animal and poultry husbandry. The processing, packaging or manufacture of agricultural products is not included.
Fish that travel upstream (from their primary habitat in the ocean) to freshwater in order to spawn.
Those streams that are tributary to the Chesapeake Bay and Atlantic Coastal Bays in which the spawning of anadromous species of fish (e.g., rockfish, striped bass, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are identified by the Department of Natural Resources.
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.
A dwelling occupied by the owner or operator that contains not more than 10 guest rooms, excluding resident quarters, offering overnight lodging accommodations and breakfast for transient guests only.
Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics 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.
A transfer to a member of the owner's immediate family of a portion of the owner's property for the purpose of establishing a residence for that family member.
An area that based on conditions at the time of development, is immediately landward from mean high water of tidal waterways, the edge of each bank of a tributary stream, or the landward edge of a tidal wetland; and the area exists in, or is established in, natural vegetation to protect a stream, tidal wetland, tidal waters or terrestrial environments from human disturbance. The buffer includes an area of at least 100 feet even if that area was previously disturbed by human activity or is currently developed and also includes any expansion for contiguous sensitive areas, such as a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in COMAR 26.23.01.01.
Those areas of the County located within the tidewater buffer that are largely or totally developed such that the pattern of residential, industrial, commercial or recreational development present as of December 1, 1985, prevents the tidewater buffer from fulfilling its intended purposes. Buffer exemption areas may be exempted from certain requirements of the tidewater buffer, as may be determined by the County. The term "modified buffer area" has replaced the term, "buffer exemption area."
A narrative, graphic description, or plan of the buffer that is necessary when an applicant proposes a development activity that will affect a portion of the buffer, affect buffer vegetation, or require the establishment of a portion of the buffer in vegetation. "Buffer management plan" includes a major buffer management plan, a minor buffer management plan, or a simplified buffer management plan as described in this chapter.
An area at least 25 feet wide, located between development activity and tidal waters, tidal wetlands, or a tributary stream, planted with vegetation consisting of native canopy trees, understory trees, shrubs, and perennial herbaceous plants that is used in modified buffer areas to provide water quality and habitat benefits. This area is to be managed and maintained in a manner that optimizes these benefits.
A tree that when mature commonly reaches a height of at least 35 feet.
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 predominantly residential development in 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 of the tract.
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.
The Code of Maryland Regulations, as from time to time amended, including any successor provisions.
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 or similar residential areas, and with condominium, apartment and other multiple-family dwelling units. Private piers are excluded from this definition.
The Dorchester County Comprehensive Plan adopted in 1996 by the County Council, and any amendments thereto.
A parcel or lot that meets all Critical Area requirements. Conforming does not include a parcel or lot for which a Critical Area variance is sought or has been issued; or that is located in the resource conservation area and is less than 20 acres.
A nonpossessory interest in land which restricts the manner in which the land may be developed in an effort to reserve natural resources for future use.
A combination of any legal parcel of land or recorded legally buildable lot into fewer lots or parcels than originally existed. Consolidation includes a lot line abandonment, a boundary line adjustment, a replatting request, and a lot line adjustment.
The establishment of a vegetative cover to protect soils from erosion and to restrict pollutants from entering the waterways. Cover crops can be dense, planted crops of grasses or legumes, or crop residues such as corn, wheat or soybean stubble which maximize infiltration and prevent runoff from reaching erosive velocities.
All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include:
All waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide as indicated on state wetland maps:
All state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland;
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, Annotated Code of Maryland; and
Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Critical Area Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.
The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays and is also referred to as "CAC."
The number of dwelling units per acre of gross measurable and defined area of a development tract, unless otherwise specified.
The Dorchester County Department of Planning and Zoning (DP&Z) or the Dorchester County Department of Public Works (DPW).
The incorporated municipalities of Brookview, Cambridge, Church Creek, East New Market, Eldorado, Galestown, Hurlock, Secretary, and Vienna, any area of the CA Critical Area Protection District that was mapped IDA or LDA in the initial Dorchester County Critical Area Program approved by the Critical Area Commission, and major growth centers, community centers and villages as designated in the County Comprehensive Plan, as amended. The designated growth areas in the Comprehensive Plan are as follows:
Major growth center: areas mapped as "County Development District" and "Planned Growth Area" east and west of Cambridge along the Choptank River (map 2-3), areas west of East New Market (map 2-4), areas east of Hurlock (map 2-4);
Community centers: areas within corporate boundaries and adjacent areas mapped as "Municipal Growth Area" and areas mapped as "Joint Planning Areas" on maps 2-3 through 2-7 to include Woolford and Madison, West Vienna, Green Point (near Secretary), and the Depot area outside East New Market;
Villages: incorporated towns without public water and sewer, such as Eldorado, Brookview and Galestown as well as other smaller hamlets and crossroad communities in agricultural or in natural resource areas.
An area containing mainly trees and natural vegetation but which also includes residential, commercial or industrial or recreational development and structures and uses and covering a land area of one acre or more.
An area of trees or of trees and natural vegetation that is interspersed with residential, commercial, industrial or recreational development.
A person who undertakes development activity as defined in this chapter; or a person who undertakes development activity as defined in the criteria of the Critical Area Commission.
Human activity that results in disturbance to land, natural vegetation, or a structure. "Development activity" includes the construction or substantial alteration of residential, commercial, industrial, institutional or transportation facilities or structures. Agricultural structures and water-dependent structures and uses are not considered to be a development activity.
A system of land classification within the Critical Area which recognizes existing land uses and serves as a basis for future growth limitations and other controls. Development areas include intensely developed areas, limited development areas and resource conservation areas.
The developed portion of a parcel or tract of land that encompasses all lots, required buffers, lot coverage, utilities, stormwater management measures, on-site sewage disposal measures, any areas subject to human use as active recreation areas and any additional acreage needed to meet the development requirements of the Dorchester County Critical Area Program. The development envelope need not include the tidewater buffer if it is at least 300 feet deep as measured from tidal waters, tidal wetlands or tributary streams.
The Director of the appropriate agency within County government that administers primary responsibility for the respective land use or resource protection or governmental service impacted by the Critical Area Program.
An alteration or change to the land. It includes any amount of clearing, grading, or construction activity. "Disturbance" does not include gardening or maintenance of an existing grass lawn.
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.
In the Critical Area, "dwelling unit" means 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. "Dwelling unit" includes living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guest house, or a caretaker residence. A dwelling unit shall be located in a structure containing a minimum gross floor area of 600 square feet.
A more or less self-contained biological community together with the physical environment in which the community's organisms occur.
Fire, rescue, ambulance and police services, including related structures and activities.
Any species of fish, wildlife, or plants that have been designated as endangered by regulation by the Secretary of the Department of Natural Resources. Designation occurs when the continued existence of these species as viable components of the state's resources are determined to be in jeopardy. This includes any species determined to be an "endangered" species pursuant to the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.
Water lines, sewer lines, natural gas lines, propane gas, electric lines or poles, telephone lines and poles, underground conduits, including such incidental equipment which is located on poles or in underground conduits or vaults. Essential service structures include tandem poles and tower structures. Essential service buildings shall include administration, storage, construction, or maintenance buildings or yards, sewage treatment or disposal plants, or water treatment plant developed in accordance with all lot area, setback, yard and height regulations as required for the principal building in the zoning district.
The planting or regeneration of native vegetation throughout the buffer.
All increases in stormwater resulting from:
An increase in the lot coverage 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.
A performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to the County.
Commercial water-dependent fisheries facilities, including structures for the parking, 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 aquacultural operations.
A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. "Forest" includes areas that have at least 100 trees per acre with at least 50% of those trees having two-inch or greater diameter at 4.5 feet above the ground and forest areas that have been cut, but not cleared. "Forest" does not include orchards.
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, water transpiration, 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.
The buffer contains as much diverse, native vegetation as necessary to support a firm and stable riparian habitat capable of self-sustaining growth and regeneration.
A parcel of land that was created or a lot created through the subdivision process and recorded as a legally buildable lot prior to December 1, 1985.
Provisions which allow certain preexisting uses to continue even though they may be inconsistent with a new law.
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; and/or
An act of the County Council, such as approving the GA Growth Allocation Floating District, 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 CA-1 Critical Area District that results in an increase in the permitted density/use. Such action is dependent upon the approval of the Critical Area Commission.
All of the proposed components of a growth allocation project that are necessary to serve the proposed development, including an individually owned lot, lot coverage, a road, a utility, a stormwater management measure, an on-site sewage disposal measure, an active recreation area, and additional acreage needed to meet the development requirements of the Critical Area criteria.
Buffer, nontidal wetlands, threatened and endangered species, plant and wildlife habitats, anadromous fish spawning propagation waters and species in need of conservation, i.e., colonial nesting waters, historic waterfowl staging and concentration areas, habitats of local significance, as defined in the County Critical Area Program.
A plan that provides for the protection and conservation of the species and habitats identified as habitat protection areas in the Critical Area. The plan shall be specific to the site or area where the species or its habitat is located and shall address all aspects of a proposed development activity that may affect the continued presence of the species. These include, but are not limited to, cutting, clearing, alterations of natural hydrology, and increases in lot coverage. In developing the plan, an applicant shall coordinate with the Department of Natural Resources to ensure that the plan is adequate to provide for long-term conservation and can be effectively implemented on the specific site.
A tree with a structural defect, such as a crack, canker, weak branch union, decay, dead wood, root damage, or root disease, that decreases the structural integrity of the tree and which, because of its location, is likely to fall and cause personal injury or property damage, including acceleration of soil erosion; or based on its location in the landscape, a healthy tree that, with continued normal growth, will damage an existing permanent structure or significantly increase the likelihood of soil erosion.
"Hazardous tree" does not include a tree for which the likelihood of personal injury, property damage, or soil erosion can reasonably be eliminated or significantly diminished with routine and proper arboricultural practices, such as regular watering, application of fertilizer or mulch, and pruning; or by relocation of property that is likely to be damaged.
Those soils with a slope greater than 15%; or those soils with a K value greater than .35 and 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.
The addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or an improvement to land adjacent to the building. "Home improvement" includes construction, improvement, or replacement, on land adjacent to the building, of a driveway, fallout shelter, fence, garage, landscaping, deck, pier, porch, or swimming pool; a shore erosion control project, as defined under § 8-1001 of the Natural Resources Article, for a residential property; connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines; installation in the building or structure, of an awning, fire alarm, or storm window; and work done on individual condominium units.
A facility providing transient lodging accommodations on a daily rate to the general public and providing additional services such as restaurants, meeting rooms and recreational facilities. A hotel/motel does not include a boardinghouse, bed-and-breakfast, inn or recreational trailer park.
Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition of growth, or both, of plants on those soils. A list of hydric soils is maintained by the Natural Resources Conservation Service and at the Dorchester County Department of Planning and Zoning.
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).
A father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, or sibling.
The removal of a structure and the construction of another structure that is smaller than or identical to the original structure in use, footprint area, width, and length.
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. These areas include:
A transfer of a portion of the owner's property to a member of the owner's immediate family, as defined herein, for the purpose of establishing a residence for that family member.
A type of plant that is non-native to the ecosystem under consideration and whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health.
The soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.
Any activity that removes the vegetative ground cover.
The raising of fish or shellfish in any natural or man-made, enclosed or impounded, water body.
A feature of the earth's surface created by natural causes.
The limit of a site feature that is farthest away from a tidal water, tidal wetland, or tributary stream.
A shrub that, when mature, reaches a height of at least six feet.
All physical improvements to a property that existed before Critical Area Commission approval of a local program, or were properly permitted in accordance with the provisions of the local program in effect at the time of construction.
The area of a development or redevelopment activity that includes temporary disturbance and permanent disturbance.
An area with a housing density ranging from one dwelling unit 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 nor a public water or public sewerage system; or that is less than 20 acres and otherwise qualifies as an intensely developed area under the definition in this section.
A suite of stabilization and erosion control measures that preserve the natural shoreline and are designed to minimize shoreline erosion, maintain coastal process, and provide aquatic habitat. Measures must include marsh plantings and may include the use of sills, sand containment structures, breakwaters, or other natural components.
Development of a minor scale, which causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which it is located; does not substantially affect the Critical Area Program of the County; and is not considered to be major development as defined in this section.
The percentage of a total lot or parcel that is occupied by a structure, accessory structure, parking area, driveway, walkway, or roadway; or covered with gravel, stone, shell, impermeable decking, pavers, permeable pavement, or any other man-made material. "Lot coverage" includes the ground area covered, or occupied by, a stairway, impermeable deck, or decking material that is not attached to a dwelling. "Lot coverage" 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 that is attached to a dwelling and with gaps to allow water to pass freely.
A type of buffer management plan and all supporting documentation required under COMAR 27.01.09.01-3J.
Development of a scale that may cause state-wide, regional, or interjurisdictional, environmental or economic effects in the Critical Area, or which may cause substantial impacts on the Critical Area Program of a local jurisdiction. This development includes, but is not limited to, airports, power plants, wastewater treatment plants, highways, regional utility transmission facilities, prisons, hospitals, public housing projects, public beaches, and intensely developed park and recreation facilities.
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.
A type of buffer management plan and all supporting documentation required under COMAR 27.01.09.01-3I.
An action taken to compensate for adverse impacts to the environment resulting from development, development activity, or a change in land use or intensity.
An area officially mapped by the County and approved by the Critical Area Commission as a modified buffer area, where it has been sufficiently demonstrated that the existing pattern of residential, industrial, commercial, institutional, or recreational development prevents the buffer from fulfilling its water quality and habitat functions, and where development in accordance with specific MBA provisions can be permitted in the buffer without a variance. MBAs have formerly been referred to as "buffer exempt areas."
Areas outside of the municipal boundary as of original adoption of the municipality's Critical Area Program.
The infill growth allocation allotment allocated to the municipality by the County Council that is used for projects within the municipal boundary as of original adoption of its Critical Area Program.
A species that is indigenous to the physiographic area in Maryland where the planting is proposed.
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.
Vegetation consisting of canopy trees, understory trees, shrubs, and herbaceous plants that are typically found in riparian areas in the State of Maryland. Areas of natural forest vegetation planted to meet the mitigation requirements in this chapter shall resemble the structure and species composition of natural forests.
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.
Areas of natural habitat that provide opportunities for those recreational activities that are compatible with the maintenance of natural conditions.
The natural establishment of trees and other vegetation with at least 400 free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.
Those plant communities that develop in the absence of human activities.
Those 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.
For purposes of implementing specific provisions of this chapter, "new development" (as opposed to redevelopment) means a development activity that takes place on a property with predevelopment imperviousness (in IDA) or lot coverage (LDA and RCA) of less than 15% as of December 1, 1985.
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. Non-point 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 regulated under Subtitle 26 of the Environment Article that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdicational Wetlands," published in 1989 and as may be amended. Nontidal wetlands do not include tidal wetlands regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.
A temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over state or private wetlands.
[Added 8-3-2021 by Bill No. 2021-14; amended 3-1-2022 by Bill No. 2022-2]
"Non-water-dependent project" does not include:
A fuel pump or other fuel-dispensing equipment on a pier;
A sanitary sewage pump or other wastewater removal equipment on a pier; or
An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations.
Structures or actions that compensate for undesirable impacts.
The strata or material in its natural state, before its removal by surface mining, overlying a mineral deposit, or in between mineral deposits.
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.
A material, enduring change in the topography, landscape, or structure that occurs as part of a development or redevelopment activity.
"Permanent disturbance" includes:
Construction or installation of any material that will result in lot coverage;
Construction of a deck;
Grading or clearing (except where it meets the definition of temporary disturbance); and
The installation of a septic system, in a forest or developed woodland on a grandfathered lot, if clearing is required.
"Permanent disturbance" does not include installation of a septic system on a grandfathered lot if located in existing grass or clearing is not required.
An individual, partnership, corporation, contractor, property owner, or any other person or entity.
The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.
Any pier, wharf, dock, walkway, bulkhead, breakwater, piles or other similar structure. "Pier" does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of state or private wetlands.
Plant communities and wildlife areas which have statewide or local significance because of their uniqueness, rarity or uncertain future. These areas include, but are not limited to, colonial water bird nesting sites, waterfowl concentration areas, forests with breeding populations of forest interior bird species, riparian forests and designated natural heritage areas.
A community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics.
A facility or area established or designated by the state or local jurisdictions for purposes of waterborne commerce.
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.
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.
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:
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 ordinance or code that clarifies an existing provision; and
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 Critical Area 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.
A person holding title to a property or two or more persons holding title to a property under any form of joint ownership.
Uses or structures for the public purpose of power transmission and distribution (but not power generation); fuel transmission and distribution (but not manufacturing or storage); water treatment and distribution; sewage collection and treatment; telephone service facilities (but not utility truck terminal facilities); radio and television facilities (not including broadcasting studios); and rail or highway rights-of-way (not including stations or terminals).
Shore-dependent recreation facilities or activities provided by public agencies that 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 water bodies.
A change of the configuration of an existing lot or parcel line of any legal parcel of land or recorded legally buildable lot. "Reconfiguration" includes a lot line adjustment, a boundary line adjustment, and a replatting request.
The process of developing land which is or has been developed. For purposes of implementing specific provisions of this chapter, "redevelopment" (as opposed to new development) means a development activity that takes place on property with predevelopment imperviousness (in IDA) or lot coverage (in LDA and RCA) of 15% or greater.
The establishment of a forest through artificial reproduction or natural regeneration.
A notation on a subdivision plat denoting land area or areas of the original tract or tracts that are residual and not part of the proposed subdivision. Remaining lands may be developed, provided that they meet requirements of the applicable zoning district or districts.
A resource that can renew or replace itself and, therefore, with proper management, can be harvested indefinitely.
Notation on a subdivision plat or plats denoting a land area or areas of the original tract or tracts that are assigned by the subdivider to meet the minimum density requirements for subdivision of land in the resource conservation area (RCA). Reserved lands are not included in the area of the lots created in the subdivision, but are assigned a reservation status by the developer in order to ensure that there is a minimum of 20 acres in the RCA set aside from development for each lot created in the RCA. Reserved lands are restricted from further development; however, reserved lands may be utilized for agricultural, aquacultural, forestry and resource conservation purposes, including erection of buildings and structures related to these uses, provided that such uses, buildings or structures comply with all other applicable requirements of the Dorchester Zoning Ordinance[1] and this chapter. Reserved lands shall be clearly shown on the subdivision plat.
An area that is characterized by nature-dominated environments, such as wetlands, surface water, forests, and open space; and resource-based activities, such as agriculture, forestry, fisheries, or aquaculture. Resource conservation areas include areas with a housing density of less than one dwelling per five acres.
Any and all activities associated with the utilization of natural resources, such as agriculture, forestry, surface mining, aquaculture, and fisheries activities.
The act of returning a site or area to an original state or any action that reestablishes all or a portion of the ecological structure and functions of a site or area.
A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.
A public thoroughfare under the jurisdiction of the state, a County, a municipal corporation, or any other public body. "Road" does not include a drive aisle or driveway.
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 unevenly aged stands by frequent and periodic cutting operations.
Those structures or measures constructed or installed to prevent or minimize erosion of the shoreline in the Critical Area. More specifically, the term refers to:
Nonstructural: creation 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; and
Contained beach: filling along shore with sandy materials, grading, and containing the new beach to eliminate tidal water contact with the bank.
In the case where land abuts tidal waters, the boundary line between state and private wetlands as defined herein, and in the case where land abuts regularly flowing nontidal waters, the boundary line between open water and wetlands or fastlands.
Areas that erode two feet or more per year.
A type of buffer management plan and all supporting documentation required under COMAR 27.01.09.01-3H.
A shrub that, when mature, reaches a height no greater than six feet.
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:
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.
Plant and wildlife species whose continuing existence is in question and which warrant special attention. This category includes endangered species, threatened species and species in need of conservation.
The overburden and reject materials as piled or deposited during surface mining.
Slopes of 15% or greater incline.
Anything constructed or erected on or over land or water that may or may not result in lot coverage.
Any repair, reconstruction, or improvement of a principal structure, where the proposed total footprint is at least 50% greater than that of the existing principal structure.
Growth allocation granted for a specific project as part of the annexation process.
A description and landscape schedule that shows the proposed species type, quantity, and size of plants to be located within a buffer if natural regeneration does not meet the required stem density.
The breaking of the surface soil in order to extract or remove minerals in the Critical Area. Surface mining includes any activity or process constituting all or part of a process for the extraction or removal of minerals from their original location in the Critical Area and the extraction of sand, gravel, rock, stone, earth or fill from borrow pits for highway construction purposes or for other facilities. For the purpose of this chapter, "surface mining" is also defined as operations engaged in processing minerals at the site of extraction; removal of overburden and mining of limited amounts of any mineral when done for the purpose of prospecting and to the extent necessary to determine the location, quantity or quality of any natural deposit; and mining operations, if the affected land exceeds one acre or more in area.
A short-term change in the landscape that occurs as part of a development or redevelopment activity.
"Temporary disturbance" includes:
Storage of materials necessary for the completion of the development or redevelopment activity;
Construction of a road or other pathway that is necessary for access to the site of the development or redevelopment activity, if the road or pathway is removed immediately after completion of the development or redevelopment activity and the area is restored to its previous vegetative condition;
Grading of a development site, if the area is restored to its previous vegetative condition immediately after completion of the development or redevelopment activity; and
Locating a septic system on a lot created before local program approval if the septic system is located in existing grass or clearing is not required.
"Temporary disturbance" does not include a violation.
A forest practice used to accelerate tree growth of quality trees in the shortest interval of time.
Any species of fish, wildlife, or plants designated as such by regulation by the Secretary of the Department of Natural Resources that appear likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be a "threatened" species pursuant to the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.
A protective vegetated area established landward from the mean high-water line of tidal waters, tributary streams and tidal wetlands. The width of the buffer is a minimum of 100 feet and will be expanded beyond 100 feet to include contiguous, sensitive areas of nontidal wetlands, soils with high erosion potential and certain hydric soils; more specifically, the minimum 100ed- or two-hundred-foot buffer as described in COMAR 27.01.09.01.E.
The existing configuration of the earth's surface, including the relative relief, elevation, 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 large, woody plant having one or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.
A perennial stream or intermittent stream within the Critical Area that has been identified by site inspection or in accordance with local program procedures approved by the Critical Area Commission.
The layer of forest vegetation typically located underneath the forest canopy.
A tree that, when mature, reaches a height between 12 and 35 feet.
That, without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.
The landward edge of a tidal wetland or nontidal wetland.
A permitted activity as defined in this chapter.
If not covered by Subsection (1) above, as identified as a permitted activity in this chapter and defined by general custom in Dorchester County.
If not covered by Subsection (2) above, an activity which, by general custom in Dorchester County, is separate and may be purposefully conducted independent of other activities.
Any activity or use which provides and offers such services as water, sewerage, sewage treatment, electricity, gas or telecommunication.
Fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines.
A modification only of density, bulk or area requirements in this chapter where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of any action taken by the applicant, a literal enforcement of this chapter would result in unwarranted hardship.
A facility where sand and gravel is washed during processing.
The raising of fish and shellfish in any natural, open, free-flowing water body.
Those structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the buffer. An activity is water-dependent if it cannot exist outside the buffer and is dependent on the water by reason of the intrinsic nature of its operation. Such activities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat-docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities.
An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.
An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes; ports and industries which use water for transportation and derive economic benefits from shore access on sites approved by the County where it is determined that the proposed use will provide significant economic benefit to the County.
Birds that 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.
Locations where waterfowl, e.g., geese, ducks, swan, etc., have historically congregated in large numbers.
A detailed plan that shows how adverse effects on nontidal wetlands resulting from development activities will be addressed.
A strip of land having vegetation that provides habitat and safe passage for wildlife.
Those plant communities and physiographic features that provide food, water, cover, and nesting areas, as well as foraging and feeding conditions necessary to maintain populations of animals in the Critical Area.