Queen Annes County, MD Article XI Critical Areas Buffer Performance Standards

§ 14:1-51 Buffer standards and requirements.

A. 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 in the Buffer exemption section of this Chapter 14:1.[1]

[1] Editor's Note: See § 14:1-53, Specific provisions for Buffer exempted areas.

B. Removal of vegetation; cutting or clearing of trees.

(1) Except as provided in § 14:1-22 of this Chapter 14:1, Article X of this Part 6 of this Chapter 14:1 and § 14:1-53 of this Chapter 14:1, no natural vegetation shall be removed nor shall the slope of the land surface be altered in the Buffer.

(2) Limited cutting or clearing of individual trees shall be permitted for the following purposes under an approved Buffer management plan:

(a) For personal use, provided that Buffer functions are not impaired;

(b) 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;

(c) In conjunction with horticultural practices used to maintain the health of individual trees;

(d) To provide access to private piers;

(e) To install or construct an approved shore erosion protection device or measure; or

(f) To protect forests from extensive pest or disease infestation or threat from fires if approved by the Department of Agriculture or the Maryland Forest Service (MFS).

C. Dredged spoil shall not be placed in the Buffer or habitat protection areas except as necessary for:

(1) Backfill for permitted shore erosion protection measures;

(2) Use in approved vegetated shore erosion projects;

(3) Placement on previously approved channel maintenance spoil disposal areas; and

(4) Beach nourishment.

D. Notwithstanding any provisions within this section which may permit land disturbance within the Buffer, no land disturbance shall be permitted between March 1 and June 15 in areas of the Buffer adjacent to anadromous fish spawning streams.

§ 14:1-52 Expanding the Buffer.

A. Sensitive areas. The Buffer shall be expanded to include sensitive areas on the site of proposed development activities or other land disturbing activities whose development or disturbance will or may adversely affect streams, wetlands or other aquatic environments. Sensitive areas into which the Buffer may be expanded shall have at least one of the following features:

(1) Hydric soils and soils with hydric properties as designated by the Soil Conservation District;

(2) Highly erodible soils with a K value greater than 0.35; or

(3) Steep slopes 15% or greater.

B. Determination by Planning Commission. A determination to expand the Buffer to adjacent sensitive areas shall be made by the Planning Commission upon a review of development plans or plats which shall include, at a minimum, a description of all soils at the site for which development activities are proposed, identification of all areas' hydric soils as designated by the Soil Conservation District at the site and a topographical survey of the site.

C. Extent of expansion. In the event sensitive areas adjacent to the Buffer are present on the site of proposed development activities and the Planning Commission determines that the Buffer must be expanded, the Buffer shall be expanded as follows:

(1) In the case of contiguous slopes of 15% or greater, the Buffer shall be expanded four feet for every 1% of slope or to the top of the slope, whichever is greater; and/or

(2) To the upland limit of adjacent hydric soils, soils with hydric properties and highly erodible soils within the critical area as necessary to protect streams, wetlands or other aquatic environments.

§ 14:1-53 Specific provisions for Buffer Exempt Areas.

[Amended 10-17-1997 by Ord. No. 97-07; 7-12-2011 by Ord. No. 11-01]

A. Intent. The following provisions are intended to accommodate limited use of shoreline areas that have been mapped as Buffer Exempt Areas (BEAs) under the provisions of this Chapter 14:1 while protecting water quality and wildlife habitat to the extent possible.

B. Applicability. This section applies only to new development or redevelopment within 100 feet of tidal waters, tidal wetlands and tributary streams on lots of record as of December 1, 1985, and located in mapped Buffer Exempt Areas as shown on the Critical Area maps.

C. The following special provisions apply to development and redevelopment in mapped BEAs in the IDA, LDA and RCA:

(1) New development or redevelopment activities, including structures, roads, parking areas and other lot coverage including septic systems, will not be permitted in the Buffer Exempt Area unless the applicant can demonstrate and the Planning Director finds that there is no feasible alternative. Such findings shall document that the intrusion is the least necessary. A copy of the Planning Director's findings in this regard shall be available to the Critical Area Commission upon request.

(2) New development or redevelopment shall minimize the shoreward extent of intrusion into the Buffer Exempt Area and shall not exceed the shoreward extent of existing structures located on the property. In no case shall the intrusion into the Buffer Exempt Area encroach into a required yard under the terms of the underlying zone unless a variance thereto has been first granted.

(3) Development may not impact any Habitat Protection Area (HPA) as defined in Section VI of the Queen Anne's County Critical Area Program.

(4) No natural vegetation may be removed in the Buffer except that required by the proposed construction, and any other natural vegetation in the Buffer shall be maintained.

D. The following special provisions apply to development and redevelopment in mapped BEAs in the LDA and RCA:

(1) If a parcel or lot 1/2 acre or less in size was a lot of record on or before December 1, 1985, then lot coverage associated with that use is limited to 25% of the parcel or lot.

(2) If a parcel or lot 1/4 acre or less in size was in nonresidential use on or before December 1, 1985, then lot coverage associated with that development is limited to 25% of the parcel or lot. If a parcel or lot 8,000 square feet or less in size was a lot of record on or before December 1, 1985, then lot coverage on the lot area is limited to 25% of the parcel or lot, plus 500 square feet, provided:

(a) New lot coverage on the parcel or lot has been minimized;

(b) Stormwater quality impacts have been minimized through site design and/or use of best management practices agreed on by the County and the Critical Area Commission; and

(c) On-site mitigation is performed or payment of a fee-in-lieu is made to offset adverse water quality impacts.

(3) If a parcel or lot greater than 8,000 square feet but less than or equal to 21,780 square feet was a lot of record on or before December 1, 1985, then lot coverage on the lot is limited to 31.25% of the parcel or lot, provided the requirements of § 14:1-38D(8)(b)[1], [2] and [3] are met.

(4) If a parcel or lot greater than 21,780 square feet but less than or equal to 36,300 square feet was a lot of record on or before December 1, 1985, then lot coverage on the lot is limited to 5,445 square feet, provided the requirements of § 14:1-38D(8)(b)[1], [2] and [3] are met.

(5) If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, the lot coverage of the lot may not exceed 25% of the lot. However, the total lot coverage over the entire subdivision may not exceed 15%.

(6) These provisions do not apply to a legally existing manufactured home park that was in residential use on or before December 1, 1985.

(7) The Board of Appeals may grant a variance from the provisions of this subsection in accordance with Part 7 of this Chapter 14:1.

E. Buffer mitigation.

(1) Any development in the Buffer Exempt Areas approved under the provisions of this subsection shall be mitigated as follows:

(a) The extent of the lot or parcel shoreward of the new development or redevelopment shall be required to remain, or shall be established and maintained, in natural vegetation; and

(b) Natural vegetation of an area twice the extent of the lot coverage must be created on the property or other similar location approved by the Planning Director.

(2) Any required reforestation, mitigation or offset areas shall be designated under a development agreement or other instrument and recorded among the land records of Queen Anne's County.

(3) If a person demonstrates to the satisfaction of the Planning and Zoning Office that mitigation requirements, on-site or off-site, cannot be reasonably accomplished, the person shall contribute money (a fee-in-lieu), at a rate to equal the total cost of creating forest land.

(4) The fees-in-lieu collected may only be used for projects within the Critical Area for the benefit of wildlife habitat, water quality improvement or environmental education. These sites will be planted with more than one native species and will remain in a forest management plan held with the Maryland Forest Service.

§ 14:1-54 Woodland reforestation and afforestation standards in Critical Area District.

A. Diverse forest planting. The replacement or establishment of forests or developed woodlands shall assure a diversified plant community, but may include other types of tree plantings where necessary to correct an existing soil stabilization problem. Diverse forest plantings shall include a canopy layer, an understory layer and a shrub layer.

B. Minimum standards. Where reforestation or afforestation is required, the minimum standards within the critical area shall be as follows:

(1) Seventy native trees with a minimum height of four to six feet, or an equivalent alternative afforestation or reforestation planting standard as approved by the Department of Planning and Zoning, shall be planted for each acre of land required to be reforested or afforested. Bare root seedlings will not be considered an acceptable alternative.

(2) For developments within the critical area which require greater than five acres of afforestation, natural regeneration within a deed restricted shore buffer may be permitted in lieu of the afforestation requirement of Subsection B(1) of this section.

(3) In areas that are required to establish or reestablish a ground cover, such ground cover shall be planted and maintained in order to meet all requirements as set forth in the Department of Natural Resources (DNR) guidelines. This shall include types, time frame and season for planting, etc.

(4) All planted areas and natural regeneration areas must be clearly marked and identified on the site so that they are protected from development disturbance and/or accidental mowing.

C. Planting and planting management plans.

(1) All forestation and afforestation shall be performed pursuant to a planting plan approved by the Department of Planning and Zoning. The planting plan, at a minimum, shall include:

(a) The proposed selection of plant types which should be chosen from the recommended plant list available from the Department of Planning and Zoning (Deviations from the plant list may be permitted in appropriate circumstances by the Department of Planning and Zoning.);

(b) The planting schedule;

(c) Evidence that all plants shall be protected from vehicular encroachment by wheelstops, curbs or other barriers; and

(d) An estimate of the cost for all plantings and barriers to vehicular encroachment.

(2) For the first two years after initial planting, competing vegetation shall be effectively controlled pursuant to a planting management plan approved by the Department of Planning and Zoning.

D. Completion and performance guarantees. Completion and performance guarantees as prescribed in Article XVI of Part 7 of this Chapter 14:1 shall be required prior to plan approval.

E. Restricted covenants or easements. Forests and developed woodlands required to be retained or created through afforestation shall be maintained through restrictive covenants or easements.

§ 14:1-55 Other activities.

[Added 7-28-2009 by Ord. No. 08-10]

A. The use or application of all commercial or chemical fertilizers containing nitrogen or phosphorus between the period of June 15 through September 15 within the one-hundred-foot critical area Buffer is prohibited.

B. This section shall not apply to bona fide agricultural or farm operations.

C. Any violation of this section shall be considered as a land disturbance within the critical area and shall be punishable as provided in § 14:1-100C(6) of this chapter.

§ 14:1-56 (Reserved)