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Queen Annes County, MD
 
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Table of Contents
Table of Contents
Code
New Laws (5) Index
Public Documents
Minutes (2621)
A. 
In general. The critical area shall include all lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include:
(1) 
All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the state wetlands maps and all state and private wetlands designated under Title 9 of the Natural Resources Article, Annotated Code of Maryland;
(2) 
All land and water areas within 1,000 feet beyond the landmark boundaries of state and private wetlands and the heads of tides designated under Title 9 of the Natural Resources Article, Annotated Code of Maryland; and
(3) 
Modification to these areas through inclusions or exclusions proposed by the County and approved by the Critical Area Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.
B. 
Development areas. For the purposes of this Chapter 14:1, all land and water areas in Queen Anne's County which are located within the critical area are hereby divided into one of three development areas as determined by the criteria established for each development area in this Chapter 14:1 and as delineated on the official Critical Area Maps of Queen Anne's County, as they may be amended from time to time, which, together with any explanatory materials thereon, are hereby made a part of this Chapter 14:1:
(1) 
Intensely developed area (IDA);
(2) 
Limited development area (LDA); or
(3) 
Resource conservation area (RCA).
The following rules shall be used to determine the precise location of any boundaries shown on the Critical Area Maps of Queen Anne's County:
A. 
Boundaries shown as following or approximately following streets shall be construed to follow the center line of such streets.
B. 
Boundary lines which follow or approximately follow platted lot lines or other property lines as shown on the Queen Anne's County Tax Maps shall be construed as following such lines.
C. 
Boundaries shown as following or approximately following the center line of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel center line of such watercourses taken at mean high water, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the development area boundary shall be construed as moving with the channel center line.
D. 
Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in Subsections A through C above shall be construed to be parallel to such features and at such distances therefrom as are shown on the map.
E. 
In the event of a dispute concerning the location of the critical area boundary, the critical area shall be interpreted as all land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands, as shown on the 1972 State Wetland Maps, and the heads of tides designated under Title 9 of the Natural Resources Article, Annotated Code of Maryland, within Queen Anne's County, as defined.
The official Critical Area Maps shall be maintained in the Department of Planning and Zoning.
[Added 12-12-2017 by Ord. No. 17-02]
Permit applications shall be governed by the Critical Area map boundary as it existed on or before November 1, 2017, if:
A. 
The lot, subdivision, or site plan was approved on or before November 1, 2017;
B. 
Permits associated with the development of the approved lot, subdivision, or site plan are issued on or before December 31, 2019;
C. 
The construction allowed under the issued permit for the development on the approved lot, subdivision, or site plan is initiated before December 31, 2020.
D. 
All pending permit applications shall be completed by December 31, 2019.