Md. Code Regs. 27.01.09.01-1 - Buffer Establishment

A. Applicability.

(1) The requirements of this regulation are applicable to:

(a) A development or redevelopment activity that occurs on a lot or parcel that includes a buffer to tidal waters, a tidal wetland, or a tributary stream if that development or redevelopment activity is located outside the buffer; and

(b) The approval of a subdivision that includes a buffer to tidal waters, a tidal wetland, or a tributary stream.

(2) If an applicant for a subdivision of a lot under §A(1)(b)of this regulation uses or leases the lot for an agricultural purpose, the applicant:

(a) In accordance with local land recordation requirements, shall record an approved buffer management plan under Regulation .01-3 of this chapter; and

(b) If authorized by the local jurisdiction, may delay implementation of the buffer management plan until the use of the lot is converted to a nonagricultural purpose.

(3) The requirements of this regulation are not applicable to an in-kind replacement of a structure.

B. A local jurisdiction shall require an applicant to establish the buffer in vegetation in accordance with §C of this regulation and Regulation .01-2 of this chapter and to provide a buffer management plan under Regulation .01-3 of this chapter when an applicant applies for:

(1) Approval of a subdivision;

(2) Conversion from one land use to another land use on a lot or a parcel; or

(3) Development on a lot or a parcel created before January 1, 2010.

C. When the buffer is not fully forested or is not fully established in existing, naturally occurring woody or wetland vegetation, an applicant shall establish the buffer to the extent required in the following table:

Development Category	Lot Created Before Local Program Adoption	Lot Created After Local Program Adoption
Development on a vacant lot	Establish the buffer based on total square footage of lot coverage outside the buffer	Fully establish the buffer
Subdivision	Fully establish the buffer
New lot with an existing dwelling unit	Establish the buffer based on total square footage of lot coverage outside the buffer
Conversion of a land use on a parcel or lot to another land use	Fully establish the buffer
Addition, accessory structure, or redevelopment	Establish the buffer based on net square footage increase in lot coverage outside the buffer
Substantial alteration	Establish the buffer based on total square footage of lot coverage outside the buffer

D. A local jurisdiction may authorize an applicant to deduct from the total establishment requirement an area of lot coverage removed from the buffer if:

(1)The lot coverage existed before the date of local program adoption or was allowed by local procedures; and

(2) The total area is stabilized.

Notes

Md. Code Regs. 27.01.09.01-1

Regulations .01-1 adopted effective March 8, 2010 (37:5 Md. R. 428)