An applicant for a development activity, redevelopment activity or change in land use shall identify all applicable Habitat Protection Areas and follow the standards contained in this article. Habitat Protection Areas include:
A. 
Threatened or endangered species or species in need of conservation;
B. 
Colonial waterbird nesting sites;
C. 
Historic waterfowl staging and concentration areas in tidal waters, tributary streams or tidal and nontidal wetlands;
D. 
Existing riparian forests;
E. 
Forest areas utilized as breeding areas by future interior dwelling birds and other wildlife species;
F. 
Other plant and wildlife habitats determined to be of local significance;
G. 
Natural Heritage Areas; and
H. 
Anadromous fish propagation waters.
A. 
An applicant for a development activity proposed for a site within the Critical Area that is in or near a Habitat Protection Area listed above shall request review by the Department of Natural Resources Wildlife and Heritage Service for comment and technical advice. Based on the Department's recommendations, additional research and site analysis may be required to identify the location of threatened and endangered species and species in need of conservation on a site.
B. 
If the presence of a habitat protection area is confirmed by the Department of Natural Resources, the applicant shall develop a habitat protection plan in coordination with the Department of Natural Resources and as necessary the United States Fish and Wildlife Service.
[Amended 7-11-2022 by Ord. No. 2022-001]
(1) 
If a potential forest interior dwelling species (FIDS) habitat is identified, the proposed development shall conform to the Critical Area Commission's FIDS Guidance Manual, dated June 2000 and as updated.
(2) 
If potential anadromous fish propagation waters are identified, the proposed development shall conform to the policies and criteria listed in COMAR 27.01.09.05.
C. 
The applicant shall obtain approval of the habitat protection plan from the Planning Commission or the appropriate designated approving authority. The specific protection and conservation measures included in the plan shall be considered conditions of approval of the project.