- What is the Critical Area?
- Who and What does the Critical Area Act affect?
- What is the Critical Area Commission and how does it affect me?
- How do I know whether my property is in the Critical Area?
- Can I give a building lot to my son or daughter if my property is in the Critical Area and designated Resource Conservation Area (RCA)?
- What is a "grandfathered lot"? If my lot is grandfathered, am I exempt from the Critical Area regulations?
- Are farmers exempt from the Critical Area regulations? Is logging and timber harvesting allowed in the Critical Area?
- If I buy a lot in the Critical Area, may I build a house on it?
- What is the difference between the local zoning ordinances and the State’s Critical Area Law?
- What is growth allocation and how do I obtain it?
- Do I need to obtain the approval of the Critical Area Commission to build or develop in the Critical Area?
- If my home is in the Critical Area will I be able to make a simple addition such as a swimming pool, deck or garage?
- What is "impervious surface" and what are the impervious surface requirements in the Critical Area?
- What is the Buffer and how does it differ from the rest of the Critical Area?
- Exactly what can and can’t I do in the Critical Area Buffer? If I think I see a violation near the water, who do I call?
- What are FIDS?
- Can I remove trees from my property if it is in the Critical Area?
- Can I take measures to stabilize my shoreline?
- What do I do if I have a stormwater problem in my neighborhood?
- Who can I contact if I need more information?
1. What is the Critical Area?
In 1984, the Maryland General Assembly resolved to reverse the deterioration of the Bay’s environment by enacting the Chesapeake Bay Protection Act. In 2002, the Act was amended to include the Atlantic Coastal Bays. The Act required the 16 counties, Baltimore City, and 44 municipalities surrounding the Chesapeake and Atlantic Coastal Bays to implement a land use and resource management program designed to mitigate the damaging impact of water pollution and loss of natural habitat, while also accommodating the jurisdiction’s future growth. The Critical Area Act recognizes that the land immediately surrounding the Bays and their tributaries has the greatest potential to affect water quality and wildlife habitat and thus designated all lands within 1,000 feet of tidal waters or adjacent tidal wetlands as the “Critical Area.”
2. Who and What does the Critical Area Act affect?
The Act affects all those who live or own property within 1,000 feet of tidal waters or tidal wetlands. All development or use of land located within the Critical Area is affected in some way. Just because land is in the Critical Area however, does not mean it can’t be developed and used.
3. What is the Critical Area Commission and how does it affect me?
The 29-member Critical Area Commission was created by the 1984 Chesapeake Bay Protection Act to design the Critical Area Criteria which are the basis of 63 local Critical Area Programs. The Commission reviews and approves local jurisdiction Critical Area Programs and amendments to those programs. The Commission staff reviews and comments on subdivisions, site plans, variances and other local development proposals within the Critical Area. While a State agency, the Critical Area Commission reviews and comments on development proposals within the Critical Area. Each local jurisdiction maintains sovereignty in creating, adopting, and implementing its local program in accordance with the Commission’s Criteria.
4. How do I know whether my property is in the Critical Area?
Maps delineating the Critical Area were formally approved as part of each local jurisdiction’s Critical Area program and are available in the jurisdiction’s planning and zoning offices. When in doubt, always check the maps.
5. Can I give a building lot to my son or daughter if my property is in the Critical Area and designated Resource Conservation Area (RCA)?
Yes, if your property is greater than seven acres and fewer than sixty acres and is located within an RCA. Local jurisdictions
require that a covenant run with the title which states that the subdivision was for the purpose of creating a bona fide intrafamily transfer. Parcels greater than seven acres but fewer than twelve acres may be divided into two lots. Parcels greater than twelve acres but fewer than sixty acres may be subdivided into three lots. The lots may be created at any time but no greater subdivisions of such parcel is allowed.
6. What is a "grandfathered lot"? If my lot is grandfathered, am I exempt from the Critical Area regulations?
Your local jurisdiction adopted grandfathering provisions which allow certain pre-existing uses to continue even though they
may be inconsistent with the new law. The Critical Area Criteria mandated several conditions under which development in the Critical Area is to be grandfathered. Even if your land use is grandfathered, you may be subject to some Critical Area regulations. It is important that you always check with your local planning and zoning office before undertaking any development or building activity within the Critical Area.
7. Are farmers exempt from the Critical Area regulations? Is logging and timber harvesting allowed in the Critical Area?
Farmers are not exempt from the Critical Area regulations. All farms in the Critical Area must have a Soil Conservation and Water Quality Plan (SCWQ) in place. Other restrictions on agriculture within the Buffer also exist. All timber harvesting and cutting in the Critical Area requires a Timber Harvest Plan, and that which exceeds 5,000 square feet requires a Sediment and Erosion Control Plan. Any commercial timber harvesting of any size within the Buffer requires a Buffer Management Plan as well.
8. If I buy a lot in the Critical Area, may I build a house on it?
Yes, as long as it meets your jurisdiction’s Critical Area, zoning, and Health Department requirements. Check with your local jurisdiction to see if the lot has grandfathered status under the local Critical Area Program, and to find out information about other Critical Area requirements.
9. What is the difference between the local zoning ordinances and the State’s Critical Area Law?
The Critical Area is classified into Resource Conservation Area (RCAs), Limited Development Areas (LDAs), and Intensely Developed Areas (IDAs) based on land uses current on December 1, 1985, or June 1, 2002 for the Atlantic Coastal Bays. The regulations associated with each classification are applied in addition to those for the local jurisdiction’s zoning districts. In the case of a conflict, the more restrictive provision usually applies.
10. What is growth allocation and how do I obtain it?
Growth Allocation is a process whereby local jurisdictions are provided with some additional growth potential beyond that permitted within the three land management categories. Each jurisdiction has been allotted a finite number of acres to be used as growth allocation to reclassify land from RCA to LDA or IDA and from LDA to IDA. You can apply for growth allocation at your local planning and zoning office if you wish to develop your property in a manner which exceeds that allowed under its current land use designation. Award of growth allocation by your jurisdiction is subject to Critical Area Commission approval.
11. Do I need to obtain the approval of the Critical Area Commission to build or develop in the Critical Area?
Generally, you don’t. Most residential building permits can be reviewed and approved by the local government. If the permit involves a variance or special exception, then the Commission will review and comment on the proposed project. Please remember to check with your local planning and zoning office before undertaking any development activity within the Critical Area.
12. If my home is in the Critical Area will I be able to make a simple addition such as a swimming pool, deck or garage?
Usually, provided your local jurisdiction issues a building permit and provided construction meets development requirements. If your lot is in the Buffer, there may be additional considerations.
13. What is "impervious surface" and what are the impervious surface requirements in the Critical Area?
An impervious surface is one composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include roofs, buildings, paved streets and parking areas and any concrete, asphalt, or compacted gravel surface. Generally, the requirements for sites in LDAs or RCAs are that no more than 15% of the total land area of any parcel may be developed with impervious surfaces. There are exceptions however. If your parcel is one-half acre or smaller and was in residential use, or so-zoned, before December 1, 1985, then impervious surfaces associated with that parcel are limited to 25% of the parcel or lot. Your local government may allow you to add 500 square feet to this total. If your lot is greater than one half acre and less than one acre, then impervious surfaces may exceed the 15% limit up to 5.445 square feet. If your lot is one acre or smaller and is part of a subdivision approved after December 1, 1985, then impervious surfaces of the lot may not exceed 25% of the lot. Total impervious surfaces for the entire subdivision, however, must remain at or below 15%. The date for these impervious surface calculations in the Atlantic Coastal Bays is June 1, 2002.
14. What is the Buffer and how does it differ from the rest of the Critical Area?
A crucial part of habitat protection and water quality improvement is the establishment of a naturally vegetated, forested Buffer between human disturbances and sensitive land and water resources. A forested Buffer acts as a filter for the removal or reduction of sediment, nutrients, and toxic substances which enter adjacent waterways in land run-off. The Buffer also minimizes the adverse impact of human activities on habitat within the Critical Area. The Critical Area Act requires the establishment of a minimum Buffer of 100 feet of natural vegetation landward from the Mean High Water Line of tidal waters or the edge of tidal wetlands and tributary streams. Unless you can demonstrate unwarranted hardship and prove no negative impact to water quality, plant, fish or wildlife habitat, your local jurisdiction will not permit disturbance or new development within the Buffer except for access or water-dependent facilities. Any clearing that occurs for access or water-dependent facilities must be mitigated through a Buffer Management Plan approved by the local jurisdiction.
15. Exactly what can and can’t I do in the Critical Area Buffer? If I think I see a violation near the water, who do I call?
The Buffer may be disturbed only for certain activities such as water-dependent structures, access to the shoreline, and shore erosion control measures. Agricultural activities within the Buffer are permitted under special guidelines. The cutting or clearing of trees, except those that are diseased or damaged, is not allowed unless you have an approved Buffer Management Plan prepared by a professional forester. No other development (e.g. swimming pools, tennis courts, structures, septic fields) or other land disturbances are permitted in the Buffer. The Buffer should be maintained in natural vegetation (e.g. forested) and must be expanded to include adjacent sensitive resources, such as steep slopes, hydric or highly erodible soils. When planting trees and other vegetation in your Buffer, be sure to use native species such as Sycamore, Flowering Dogwood, Mountain Laurel and American Holly. Avoid such exotics as Norway Maple, Common Reed, and English Ivy. A more complete list of native and exotic species can be obtained from the Critical Area Commission.
16. What are FIDS?
FIDS is an acronym for Forest Interior Dwelling Species. These are bird species that require large forested tracts in order to live and reproduce. Many neotropical migrant songbirds are FIDS and rely on large forested areas in the coastal watersheds for breeding and nesting.
17. Can I remove trees from my property if it is in the Critical Area?
That depends. No trees may be removed from the Buffer unless they are dead or diseased or for permitted development. Outside the Buffer, trees may be cleared for an approved construction site, or for forestry operations. There are limits however. Your jurisdiction will require replanting for new development that involves clearing. Be sure to ask your local planning office for details.
18. Can I take measures to stabilize my shoreline?
Yes. Non-structural measures (e.g. vegetative stabilization) should be used where they can effectively prevent or reduce shoreline erosion. Non-structural methods are generally preferred over structural measures because they control erosion using natural methods and minimize impacts to habitat. Where the annual rate of erosion at a specific shoreline exceeds two feet annually, structural measures which ensure conservation of plant and wildlife habitat are allowed. These methods are often more expensive than nonstructural methods and can adversely impact habitat. Waterfront property owners suspecting an erosion problem on their shoreline should contact the Maryland Department of the Environment at (410) 537-3745.
19. What do I do if I have a stormwater problem in my neighborhood?
Stormwater management issues are usually handled by the local Public Works Department or Planning Department. Some
general information about stormwater management can be obtained from the Maryland Department of the Environment at
(410) 537-3563.
20. Who can I contact if I need more information?
For specific questions, contact the planning and zoning department of your local government.
