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1. What is the Critical Area Program?

The Critical Area Program is a land use and resource protection program established by law to
improve water quality and protect wildlife habitat in Maryland’s tidal shoreline areas. The program operates through the Queen Anne’s County Chapter 14:1 Critical Area Ordinance.

2. What are the critical area land classifications?

Land within the Critical Area is classified as Resource Conservation Area (RCA), Limited Development Area (LDA), and Intensely Developed Area (IDA). These designations are based on land uses that existed on December 1, 1985 in the Chesapeake Bay Critical Area and on June 1, 2002 in the Atlantic Coastal Bays Critical Area.

3. What is lot coverage and how does it affect my property?

Lot coverage is the percentage of a lot or parcel that is developed with a structure, accessory structure, parking area, driveway, walkway, or roadway. Lot coverage includes areas covered with gravel, stone, shell, impermeable decking, pavers, permeable pavement, or any other man-made material. Lot coverage does not include a fence or wall that is less than one-foot wide and is constructed without a footer, a walkway in the Buffer that provides access to a pier, a wood mulch pathway, or a deck with gaps to allow water to pass freely.

If your property is classified as RCA or LDA, there are limits on the amount of total lot coverage permitted on a parcel. Generally, lot coverage is limited to no more than 15% of the total land area of the lot. There are some exceptions. If your parcel is 0.5 acre or smaller, and was in residential use before December 1, 1985, then the maximum lot coverage is 25% of the parcel or lot (the date is June 1, 2002 for lots in the Atlantic Coastal Bays Critical Area). Subject to certain requirements, a local government may allow you to exceed the lot coverage limit by 500 square feet or more, up to 31.25% of the lot. If your lot is greater than one-half acre and less than one acre, then lot coverage may exceed the 15% limit up to 5,445 square feet.

In some cases, lots within a subdivision may have different lot coverage limits; however, total lot coverage for the subdivision must remain at or below 15%.

4. If i buy a lot in the critical area, may I build a house on it?

A house can be constructed as long as the lot is legally recorded as a building lot and meets the county’s or town’s critical area, zoning, and Health Department requirements. Prior to buying property in the critical area, you should check with the local planning office to find out about all of the restrictions, limitations, and requirements that apply within the critical area.

5. If my home is in the critical area, will I be able to construct an addition or build a swimming pool, deck, or garage?

Generally, there is no prohibition on new development within the critical area. However, building and construction activities are subject to limits on lot coverage and clearing, as well as certain restrictions on the location of new structures. In order to obtain complete and accurate information about your specific site, you should contact your local planning office for information about compliance with the Critical Area Program.

6. Can I remove trees from my property if it is in the critical area?

In general, homeowners can obtain approval through the local planning office to remove one or more trees from their property as long as the trees are not located in the Buffer, and new trees are planted on the property. (See the question below for additional information about the Buffer.) The critical area law requires no net loss of forest or developed woodland cover in the critical area.

Replacement planting may be required at a higher ratio than one-to-one depending on the number of trees on your property and the size of the tree being removed. In general, trees that are located within the Buffer cannot be removed unless they are dead, dying, diseased, or creating a hazard to people or property. A Buffer Management Plan is required for all removal of vegetation within the Buffer except for mowing an existing lawn.

7. What are Habitat Protection Areas?

Habitat Protection Areas (HPAs) are areas within the critical area that have been identified and designated for special protection through the critical area regulations. These areas include the critical area Buffer, non-tidal wetlands, habitats of threatened and endangered species and species in need of conservation, specific plant and wildlife habitats, and anadromous fish propagation waters. The Heritage Division of the Department of Natural Resources maintains maps and comprehensive data on the protected species, their habitats, and the locations of these habitats within the critical area.

8. If I think I see a violation near the water, where do I call?

If the violation is taking place on land, then you should call the local planning office in the jurisdiction where the violation is taking place. In most cases, you will be referred to someone in the inspections and permits department, and they will take the information. Providing
specific and accurate information about the location (street address if possible) of the violation and the nature of the activity will assist the agency in following up quickly.

If the violation is taking place in the water or in wetlands, then you should call the Maryland Department of the Environment at 410-537-3510.

If the violation is taking place on a week-end or after business hours, you can leave a message along with your name and phone number with the Critical Area Commission by calling 410-260-3460. If you believe the violation is serious and needs immediate attention on a week-end, then contact the Department of Natural Resources Communications Center at 800-628-9944 or 410-260-8888.

9. My property is in the RCA, can I create a lot to give to a family member?

Yes, for the purpose of creating a residence for a family member an intra-family transfer type subdivision may be permitted. The original parcel to be subdivided must have existed in its current configuration as of March 1, 1986, in the Chesapeake Bay Critical Area. This type of subdivision has regulations with respect to size of the original parcel and how many lots may
result. Additionally, restrictive covenants that run with the land, stating that the subdivision was created through an intra-family transfer and specifying the conditions under which it can be subsequently transferred to a non-family member are required.

10. What is a grandfathered lot? If my lot is grandfathered, am I exempt from the critical area regulations?

A grandfathered lot is a lot or parcel that existed in its current configuration prior to adoption of the local critical area program. Grandfathered lots are not exempt from the critical area regulations. However, each local government adopted grandfathering provisions, which allow preexisting uses to continue even though they may be inconsistent with the local program. Local governments also have grandfathering provisions that include limited flexibility for compliance with the critical area regulations and allow a property owner to request a variance from the strict application of the regulations.

It is important to check with your local planning and zoning office when you are planning to develop or build on your grandfathered lot to ensure that your project complies with the applicable standards for your property.

11. Are farming and timber harvesting exempt from the critical area regulations?

Farming and timber harvesting are considered resource utilization activities in the critical area, but are not exempt from the critical area regulations. All farms in the critical area must have a soil conservation and water quality plan in place, and farmers must work cooperatively with the local Soil Conservation Districts to implement best management practices as specified in these plans. All timber harvesting and cutting in the critical area require a Timber Harvest Plan.

These plans must be approved by the District Forestry Board. Timber harvests that exceed 5,000 square feet also require a sediment and erosion control plan.

12. What is the Critical Area Commission?

The 29-member Critical Area Commission was created by the 1984 Chesapeake Bay Protection Act. Initially, the commission was tasked with developing the critical area criteria, which are the basis of the 64 local critical area programs. The members of the commission are appointed by the governor and represent the critical area jurisdictions, affected interest groups, and state agencies. The commission meets monthly and must review and approve all changes to local jurisdictions’ critical area programs, including changes resulting from the required six-year comprehensive update.

The commission also reviews and approves all development projects in the critical area on state land.

13. Do I need to obtain the approval of the Critical Area Commission to build on my lot in the critical area?

Most residential building permits do not require review or approval by the Critical Area Commission and can be handled by the local government. If the project involves a variance, special exception, or conditional use, or if the project involves disturbance greater than 5,000 square feet in the RCA, the Critical Area Commission staff will review and provide comments to the local government. Most subdivisions, site plans, and rezoning requests are required to be sent to the commission for review and comment in conjunction with the local review process.

14. What is the difference between local zoning ordinances and the state’s critical area law and regulations?

Maryland’s Critical Area Program is based on State law included in the Natural Resources Article of the Annotated Code of Maryland. Implementation provisions are found in the critical area regulations in Title 27 of the Code of Maryland Regulations. However, because local
governments are required to implement these provisions locally, local zoning ordinances, subdivision regulations, codes, policies, plans, and guidance documents are used to facilitate effective implementation at the local level.

The commission is constantly working to streamline the critical area program and improve its effectiveness, so there may be regulations in effect that have not yet been incorporated into a county’s or town’s code or ordinance. There are also occasions where there may be conflicts between local provisions and state regulations. In these instances, the more restrictive provisions usually apply.

15. What is growth allocation?

Growth allocation is a process whereby local jurisdictions are allowed to approve additional growth and development in certain parts of the critical area by changing the critical area classification from RCA to either LDA or IDA or from LDA to IDA. Growth allocation is used to
accommodate more intense land uses and development than what would have been permitted based on the existing classification. Each county is allotted a finite number of acres that can be used to reclassify land.

Requests to use growth allocation must go through a rigorous review and approval process at the local level and must be approved by the local governing body. Following local approval, growth allocation requests must be submitted to the Critical Area Commission for review and approval.

16. What are FIDS?

FIDS is an acronym for forest interior dwelling species. In the critical area, these are bird species that require large forested tracts (usually 50 acres or more) with mature deciduous trees in order to reproduce successfully and maintain viable populations. Many of these species are neo-tropical migratory songbirds that are an integral part of Maryland’s landscape and natural heritage. FIDS habitat is a designated Habitat Protection Area and subject to additional regulations within the critical area.