    [From the U.S. Government Printing Office, www.gpo.gov]

              CECIL          COUNTY
              WETLAND MANAGEMENT
              PROGRAM

              Phase 1: Rationale, 'Information Sources,
              and Analysis of Wetland Management Programs

              Prepared for the Cecil County
              Office of Planning and Economic Development

              Preparation of this report was funded
              by the Office of Coastal Resources
              Management, National Oceanic and
              Atmospheric Administration

                                   CoAsirALZONE
                               j"F*Rp4AJMN CENTER
               GB
               625
               M3
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               1987
                     ber 1987

                                                           A
                                                       Rogers, Golden & Halpern

    									  CECIL COUNTY

    								 WETLAND MANAGEMENT PROGRAM

    							 PHASE 1: RATIONALE, INFROMATION SOURCES,

    							AND ANALYSIS OF WETLAND MANAGEMENT PROGRAMS

    								  Prepared for the Cecil County

    							 Office of Planning and Economic Development

    							   Preparation of thsi report was funded

    							 by the Office of Coastal Resource Management,

    							National Oceanic and Atmospheric Administration

    Rogers, Golden & Halpern											November 1987
    1216 Arch Street
    Philadelphia, Pa  19107
    (215) 563-4220

                                                Cecll County

                                         NETLAM MRIE&GEMERT PROGRAM

                                                   PHASE I

                                              Table of Contents

                   Rationale    Why Protect Non-Tidal Wetlands?

                   A.    Values

                   B.    Definition of Wetlands - consider size limitations, rare wetland

                         types, or county definition

                         1.   Critical Area

                         2.   State definition

                         3.   Federal

                         4.   Wetland terms

                   C.    County Wetland Types, Status, and Trends

                         1.   Characterize wetland types found in county

                         2.   Special Wetland Types

                         3.   Trends

                   Wetland Information Sources

                   A.    Department of Natural Resources

                         1.   WetlandsDivision

                         2    Coastal Resources Division - Non-Tidal Wetlands Program

                         3.   Forest, Parks, and Wildlife Service

                   B.    U.S. Soil Conservation Service

                                                                                        Rogers, Golden & Halpern

                III Analysis of Wetland Managem ent Programs

                    Include jurisdiction effectiveness, and limitations in program

                    A.   State

                         1.   Critical Area Commission

                         2.   Department of Natural Resources

                         3.   Department of Health and Mental Hygiene

                    B.   Federal

                         1.   Corps of Engineers

                         2.   Executive Orders

                         3.   Soil Conservation Service

                    C.   County Plans and Regulations Affecting Wetlands

                                                                                         Rogers, Golden & Halpern

                                                CECIL COUNMY

                                         WETLARID           PROGRAM
                                                  Phase I

               I. RATIONALE

               Attitudes toward wetlands have continuously changed over the years. Long
               regarded as breeding grounds for mosquitoes or areas requiring demucking and
               filling by developers, their use has aroused conflict between those who wish
               to preserve them and those who wish to develop them. Even though wetlands
               require significant modifications prior to development, these same
               developers value their locations which are typically in close proximity to
               open water. Farmers owning land with wetlands have difficulty operating
               equipment in them; however, the farmer draining or clearing these wetlands
               benefits by planting crops in their rich organic soil.

               Wetland values can be categorized into three major groups: intrinsic
               qualities, ecological, and global services. Wetlands provide many
               individual roles. The U.S. Department of Transportation recently recognized
               no less than 10 major roles for consideration in evaluating impacts
               associated with highway studies. The section below describes some of the
               most important and common roles that contribute to the overall value of
               wetlands. *All wetlands will not exhibit each of the values to the fullest
               extent. Indeed, the overall value of an individual wetland is site-specific
               and is dependent upon many factors that may directly affect that wetland.
               The discussion that follows presents a general overview of wetland values
               that contribute to the need for their protection. When developing a wetland
               protection strategy, local decision-makers must take into account the
               development of methodologies to assess wetlands values on a more
               site-specific basis.

                   A. Values

                   Flood Control - Many freshwater and riverine wetlands have a significant
                   influence on regional water flow regimes. Frequently occurring as
                   topographic depressions, they are capable of intercepting stormwater
                   runoff and retaining the runoff until they are full. As rivers and
                   streams overflow their banks the flow is spread laterally and increases
                   the conveyance capacity of that area. In doing this wetlands lessen
                   sharp runoff peaks and release flows at a slower rate over'longer
                   periods of time. Since it is usually the peak flows that produce flood
                   damage, wetlands reduce the peak flows and the frequency of flooding at
                   downstream locations. When wetlands that provide this value are
                   developed for buildings, parking areas, or roads, the increase in
                   impermeable surfaces heightens the intensity of peak flows.

                   Erosion Control - In association with the increase in conveyance
                   capacity noted above, the vegetation in flood plains and wetlands
                   adjacent to streams and rivers helps to slow the velocity of the river.
                   By reducing the velocity of flood waters, wetlands serve as sediment
                   traps and allow for the accumulation of sediment. Likewise,

               November 1987                          1
                                                                                      Rogers, Golden & Halpern

                     the reduction in velocity also reduces the erosion of streambanks. In
                     other areas marsh plants stabilize and bind shorelines with root
                     structures. The dense growths enhance sediment deposition instead of
                     erosion. Vegetated shorelines are capable of absorbing and
                     dissipating wave energy. This buffering effect can reduce damage due
                     to wave action from storms and boat wake.

                     Groundwater Recharge - Groundwater recharge is the movement of surface
                     water down through the soil to the underlyi   ng aquifer. Many wetlands
                     recharge groundwater supplies that may play an important role for
                     local potable water supplies. This is not always the case however,
                     since the reason that many wetlands exist is due to the low
                     permeability soils below them. Many wetlands often serve as discharge
                     areas rather than recharge areas. The wetlands do play a role in
                     influencing groundwater levels.

                     Water Quality - Wetlands have the ability to improve, in varying
                     degrees, the quality of water. Under favorable conditions wetlands
                     can s'erve as chemical sinks by retaining pollutants such as suspended
                     material, excess nutrients, toxic chemicals, and disease-causing
                     microorganisms. Factors for which wetlands should be protected
                     include their ability to reduce the velocity of streams, allowing
                     sediments and chemicals to settle into the wetlands; anaerobic and
                     aerobic processes such as denitrification and chemical precipitation
                     aid in removing certain chemicals; the high productivity rate in many
                     wetlands may lead.to mineral uptake by plants and subsequent burial in
                     the sediments when the plants die; wetlands have a diversity of
                     decomposers and decomposition processes; there is a high
                     sediment-water exchange due to the amount of contact of water with
                     sediments; and permanent burial of chemicals may occur in areas with
                     the accumulation of peat in wetlands.

                     Wetlands can be used to treat or buffer discharges or surface water
                     runoff prior to entering water bodies. The importance and ability of
                     an individual wetland, however, needs to be evaluated on a site-to-
                     site basis. Wetlands have an upper limit carrying capacity to handle
                     pollutants that should not be exceeded. If the carrying capacity is
                     exceeded, the wetland can lose part or all of its valuable characteris-
                     tics.

                     Wildlife and Fisheries Habitat - Wetlands provide habitat for
                     thousands of species of plants and animals. Wetland plants are
                     primary producers and also provide nesting material and sites for many
                     birds and mammals; locations for fish to deposit eggs; and shelter for
                     fish and shellfish from predators. Wetlands may be year round homes
                     for many species or may be used for food, cover, water, space, and/or
                     freedom from disturbance. wetlands also provide critical habitat for
                     all or parts of the life cycles of many species listed as threatened
                     and endangered.

                November 1987                             2
                                                                                             Rogers, Golden & Halpern

                    Many wetlands have two major energy flow patterns. One, the grazing
                    food chain, involves the consumption of plants by herbivores. The
                    second involves the detrital food chain where organisms rely directly
                    on organic debris as their food source.

                    The fertility of floodplains, resulting   from deposits of enriched
                    sediments carried by flood waters, is widely recognized. Decomposing
                    leaves in bottomland forests serve as the base for large population
                    bursts of many invertebrates that are in turn a food source for many
                    predator species. Detritus from coastal marshes has long been
                    considered a valuable food source for many commercially important fish
                    and shellfish.

                    The importance of wetland habitat is paramount for many animals
                    harvested commercially for pelts or for supporting a large and
                    valuable recreational hunting industry. For commercially harvested
                    fish and shellfish as well as recreationally important species,
                    wetlands are a key component in their life cycles.

                    The abundance of plant and wildlife species that use wetland habitats
                    provide man with a living laboratory for educational and research
                    purposes.'  The diversity of life and the interaction between species
                    and habitats also provides an aesthetic,value worthy of protection.
                    Not only do the common commercially and recreationally valuable
                    species rely on wetlands, but many threatened and endangered species
                    also rely on wetlands for all or part of their life cycles.

                    Other Values - Wetlands function in the maintenance of water and air
                    quality on the local wetland ecosystem. They may play a role in
                    moderating seasonal temperature extremes and are also a source of
                    water to the atmosphere leading to the formation of clouds and
                    precipitation. These functions may also go beyond the local level and
                    may be global in scale. Wetlands, through processes of microbial
                    decomposition, play a role in natural nutrient cycles. By processing,
                    storing, or emitting nitrogen, sulfur, methane, and carbon dioxide,
                    they are important to global atmospheric stability.

                    B. Definition of Wetlands

                         1. Critical Area

                             a.  "Non-tidal wetlands" are defined in Section 14.15.01
                                 Definitions (46) as those lands, excluding tidal wetlands
                                 regulated under Title 9 of Natural Resources Article,
                                 Annotated Code of Maryland, where the water table is
                                 usually at or near the surface, or lands where the soil or
                                 substrate is covered by shallow water at some time during
                                 the growing season. These lands are usually characterized
                                 by land that support primarily hydrophytic vegetation (see
                                 B.4.b) or lands where the substrate is predominantly
                                 undrained hydric soils (see B.4.a). The Critical Area
                                 definition refers to the Palustrine Class of non-tidal

                November 1987                           3

                                                                                          Rogers, Golden Halpern

                                  wetlands as defined by the U.S. Fish and wildlife    Service
                                  (see B.3.a below).

                             b.   "Tidal Wetlands" (to be provided)

                         2.  State Definition

                             a.   "Non-tidal wetland" includes the following wetland classes
                                  as defined by the U.S. Fish and wildlife Service:
                                  palustrine aquatic bed, palustrine eme rgent, palustrine
                                  forested, palustrine scrub-shrub, and palustrine open
                                  water excluding tidal wetlands as defined below. These
                                  wetland classes are lands where the water table is usually
                                  at or near the surface (i.e., periodically saturated); or
                                  lands where the substrate or soil is covered by shallow
                                  water at some time during the growing season. These lands
                                  are usually further characterized by one or both of the
                                  following attributes:

                                     1)   At least periodically, the land supports
                                          predominantly hydrophytes, and

                                     2)   The substrate is predominantly undrained hydric
                                          soil.

                             b. "Tidal wetlands" include any land considered "private
                                  wetland"" or "state wetland" pursuant to Title 9. Wetland
                                  and Riparian Rights of the Natural Resources Article
                                  Annotated Code of Maryland (1983 Replacement Vol.).

                         3. Federal

                             a.   U.S. Fish and Wildlife Service - "Wetlands are lands
                                  transitional between terrestrial and aquatic systems where
                                  the water table is usually at or near the surface or the
                                  land is covered by shallow water. For purposes of this
                                  classification wetlands must have one or more of the
                                  following three attributes:

                                  1) at least periodically, the land supports predominantly
                                     hydrophytes,

                                  2) the substrate is predominantly undrained hydric soil,
                                     and

                                  3) the substrate is nonsoil and is saturated with water
                                     or covered by shallow water at some time during the
                                     growing season of each year" (Cowardin et al., 1979).

                             b. U.S. Army Corps of Engineers - "Wetlands are those areas
                                  that are inundated or saturated by surface or ground water
                                  at a frequency and duration sufficient to support and that

                November 1987                            4
                                                                                           Rogeirs, Golden Halpern

                                under normal circumstances do support, a prevalence of
                                vegetation typically adapted for life in saturated soil
                                conditions. Wetlands generally include swamps, marshes,
                                bogs, and similar areas."

                            C.  Soil and Conservation Service - "Wetlands are soils that
                                are covered with standing water or are saturated most of
                                the year and that support mostly water-loving plants."

                        4. Wetland terms

                            a.  Hydric soils - A hydric soil is a soil that in its
                                undrained condition is saturated, flooded, or ponded long
                                enough during the growing season to develop anaerobic
                                conditions that favor the growth and regeneration of
                                hydrophytic vegetation. For Maryland, 43 classifications
                                of.soils have been listed as being hydric using the
                                following criteria:

                                1)  All Histosols except Folists; or

                                2). Soils in Aquic subgroups,-Albolls suborder, Salorthids
                                    great group, or Fell great groups of Vertisols that
                                    are:

                                    a)  somewhat poorly drained and have a water table
                                        les,s than 0.5 feet from the surface at some time
                                        during the growing season, or

                                    b)  poorly drained or very poorly drained and have
                                        either:

                                        i.   water table less than 1.0 feet from the
                                             surface at some time during the growing
                                             season if permeability is equal to or greater
                                             than 6.0 in/hr in all layers within 20
                                             inches, or

                                        ii.  water table at'less than 1.5 feet from the
                                             surface at some time during the growing
                                             season if permeability is less than 6.0 in/hr
                                             in any layer within 20 inches, or

                                        iii. soils that are ponded during any part of the
                                             growing season, or

                                        iv.  soils that are frequently flooded for long or
                                             very long duration during the growing season.

                November 1987                          5                                Rogers, Golden & Hcapern

                            b. Hydrophyte - A hydrophyte is any plant growing in water or
                                on a substrate that is at least periodically deficient in
                                oxygen as a result of excessive water content (plants
                                typically found in wet habitats). Vascular Plant Species
                                Occurring in Maryland Wetlands (Dawson and Burke, 1985)
                                lists 1,218 plant species occurring in Maryland wetlands
                                with data on the indicator status for each species [i.e.,
                                obligate (>99% occurrence in wetlands), facultative
                                wetland (66 - 99% occurrence in wetlands), etc.] as well
                                as notes on abundance in Maryland when considered rare,
                                threatened, or endangered.

                            C.  Palustrine - "The Palustrine System includes all non-tidal
                                wetlands dominated by trees, shrubs, persistent emergents,
                                emergent mosses or lichens, and all such wetlands that
                                occur in tidal areas where salinity due to ocean-derived
                                salts is below 0.5 parts per thousand (ppt). It also
                                includes wetlands lacking such vegetation, but with all of
                                the following four characteristics:

                                1) area less than 8 ha (20 acres);

                                2)  active wave formed or bedrock shoreline features
                                    lacking;

                                3)  water depth in the deepest part of basin less than 2
                                    meters at low water; and

                                4)  salinity due to ocean-derived salts less than 0.5
                                    ppt- 11

                    C. County Wetland Types, Status, and Trends

                        1.  Characterization of Wetland Types. Although conducted for a
                            variety of reasons, studies of wetlands in Maryland were
                            performed as early as 1908. In 1908 the Maryland Conservation
                            Commission initiated surveys in coastal areas of wetlands that
                            "should be made available for agricultural purposes." Mapping
                            of marshes of the Eastern Shore and the Atlantic coast of
                            Maryland into six general types was commissioned by the
                            Department of Natural Resources and the Department'of Research
                            and Education in the 1950s. During 1953 and 1954 the U.S.
                            Fish and Wildlife Service (F&WS) conducted an inventory of
                            wetlands in Maryland that used a classification system later
                            modified to a minor degree and later published as Circular 39
                            in 1956. This wetlands classification system has been
                            employed by wildlife biologists for over 20 years.

                            Geared to evaluate the importance of wetland habitat for most
                            species of game and furbearing animals, the Maryland Game &
                            Inland Fish Commission conducted an inventory of potential
                            wetland developmental areas in 1956. The Game & Inland Fish

                November 1987                         6
                                                                                       Rogers, Golden & Halpern

                            Commission study was statewide and surveyed wetland areas as
                            small as 0.5 acre whereas the prior F&WS survey was conducted
                            in the Coastal Plain and limited the survey to areas of 40
                            acres and larger.

                            In 1965, as a result of a Commission on Hunting Spaces' recom-
                            mendation for an expanded action to preserve lands that serve
                            the increasing demand for hunting areas open to the public,
                            another wetlands inventory was conducted. This study used
                            aerial photographs and evaluated 2,500 plots of 100 acres
                            each. The study represented 4 percent of the total land area
                            in Maryland. A study commenced in 1967 in response to House
                            Resolution No. 2 and was published in a final report in 1973
                            (Metzgar, 1973). This inventory considered wetlands of five
                            acres or more and used a modification of the Circular 39
                            classification scheme. The results of the state-conducted
                            studies are not comparable due to the difference between the
                            minimum size of the-areas considered.

                            In 1982 The Coastal Wetlands of Maryland was published by the
                            Maryland DNR (McCormick and Somes, 1982). The study, which
                            included an inventory, discussed values of coastal wetlands
                            and suggested a standard evaluation scheme for coastal
                            wetlands. The McCormick inventory relates best to the U.S.
                            Fish and Wildlife*Service National Wetlands Inventory (NWI),
                            which used interpretation of aerial photographs to map
                            specific wetland types using the classification system
                            described in Cowardin et al., 1979. The NWI is mapped at a
                            scale of 1:24,000 on USGS 7.5 minute topographic quadrangle
                            base maps. This classification scheme employs a series of
                            letters and numbers to signify systems, subsystems, and
                            classes as well as for other modifiers such as water
                            chemistry, soil, and other special conditions. The NWI
                            inventory is the most accurate mapping of non-tidal wetlands
                            in Maryland including Cecil County.

                            a.  Wetland Acreage in Cecil County - The NWI mapping and
                                digitization effort for Cecil County shows a total of
                                51,704 acres of wetlands, including both tidal and
                                non-tidal wetlands. This total includes 146 individual
                                classifications using the current U.S. Fish and Wildlife
                                Service system by Cowardin. These individual classifi-
                                cations occurred a total of 2,545 times ranging from a
                                high of 382 locations of POWZH (palustrine open water
                                non-tidal intermittently exposed/permanent with a special
                                modifier of diked/impounded; essentially ponds less than 8
                                acres in size) to a low of only a single occurrence for
                                each of 44 different classifications.

                                The NWI data for Cecil County, which has 146 specific
                                classifications, can be very confusing for the lay
                                person. A simplification of the scheme leaves a total of

                November 1987                         7
                                                                                       Rogers, Golden & Halpern

                                13 categories of systems and subsystems or in the case of
                                the palustrine system, which has no subsystem classifi-
                                cation, the system and classes. The generalized data are
                                presented in Table 1. The data show that subtidal
                                estuarine open water comprises over 38,000 acres, or 73.8
                                percent, of the wetlands in Cecil County. Non-tidal
                                wetlands, on the other hand, represent over 18 percent of
                                the total wetland acreage in Cecil County.

                            b.  Frequency and Spatial Distribution of Wetlands in Cecil
                                County - the NWI mapping at the scale of 1:24,000 is
                                provided as an overlay to USGS 7.5 minute topographic
                                quadrangle maps for the entire county. Tidal and
                                non-tidal wetland areas have been classified using the
                                Cowardin system (i.e., letter/number symbols) and
                                approximate boundaries are highlighted on the maps.
                                Copies of these maps can be obtained from the Maryland
                                Department of Natural Resources, Wetlands Permit
                                Division. The Cecil County Planning office also has a
                                complete set of these maps that can be reviewed.   The NWI
                                mapping has also been enlarged to be compatible with
                                County tax maps, which are at a scale of 1 inch=600 feet.
                                Copies of these maps can be reviewed at the County
                                planning office. The County also has NWI data on a
                                1:50,000 scale map. However, this scale does not
                                differentiate between categories at the class level.

                                As would be expected, wetlands, both tidal and non-tidal
                                are distributed throughout the County.

                                The mapping and classification effort of tidal and
                                non-tidal wetlands in Cecil County, by the F&WS, included
                                2,545 individual wetlands. These wetlands included 146
                                different categories (using the Cowardin system).
                                Individual areas mapped were as small as .07' acres up to
                                areas that included hundreds of acres for a specific
                                wetland classification and location. The high frequency
                                of occurrence and the diverse types and sizes of wetlands
                                in the county make an analysis of the spatial distribution
                                of wetland types quite difficult. Add to this the high
                                degree of error the F&WS has experienced in identifying
                                class, subclass, and water regime through their interpre-
                                tation,-and it becomes apparent that, in the absence of
                                verifying the classifications in the field, only gross
                                patterns on distribution may be evident.

                                The discussion below briefly describes some general
                                patterns on frequency and distribution using the F&WS
                                wetlands inventory data. The data in Table I clearly show
                                that tidal wetlands comprise nearly 82 percent of the
                                wetlands in the county. The average size of mapped tidal
                                units is over 106 acres. The wetlands are obviously

                November 1987                         8
                                                                                       Rogers, Golden & Halpern

                                distributed in those parts of the county where surface
                                waters are affe.cted by tidal action. On the other hand,
                                while comprising only 18 percent of the total area in
                                wetlands, the non-tidal wetlands have a frequency of
                                occurrence of nearly seven times that of the tidal
                                wetlands. The palustrine system alone accounts for over
                                83 percent of the wetland occurrences in the county, yet
                                it only makes up 12.6 percent of the wetland area in the
                                county.

                                The largest wetland classification in the County by area,
                                estuarine open water (ElOW), is associated with upper
                                Chesapeake Bay and the Northeast, Elk, Bohemia, and
                                Sassafras Rivers, and the Chesapeake and Delaware Canal.
                                The largest single area of riverine open water (RlOW)
                                occurs in Cecil County's section of the Susquehanna River
                                from about one mile west of Stump Point north to the
                                Conowingo Dam. Other areas classified as riverine open
                                water include Scotchman Creek and Octoraro Creek. The
                                area north of North East and between Little Northeast
                                Creek and Gravelly Run (including most tributaries) is
                                also classified as riverine open water and has little
                                association with palustrine wetlands. Lacustrine open
                                water (L1OW) habitat occurs from the Conowingo Dam north
                                on the Susquehanna River. Most of the other limnetic
                                lacustrine habitat occurs east of the Elk River. Pearce
                                Creek on the Cecilton peninsula is also a large lacustrine
                                open water habitat. Based on the F&WS inventory data, it
                                appears that there is a high frequency of occurrence of
                                palustrine emergent (PEM) wetlands associated with
                                palustrine forested (PFO) and palustrine scrub-shrub (PSS)
                                and riverine open water in the northwest quadrant of the
                                County that is not as apparent in other parts of the
                                county.. By comparison, although there are large single
                                areas of palustrine emergent wetlands in other parts of
                                the County (e.g., Pond Neck wildlife Management Area),
                                this classification does not appear to occur as frequently
                                in most other areas of the County.

                                Table 2 lists the wetlands classifications that have only
                                one reported occurrence in the County. The listing
                                includes 44 classifications (35 non-tidal and 9 tidal)
                                that represent only 1.3 percent of the total wetland area
                                mapped.by the F&WS. Since these areas are somewhat unique
                                and typically include small areas, they should receive
                                special consideration from activities occurring near them,
                                perhaps specifying these areas as conservation areas or
                                requiring wider buffers around them.

                November 1987                         9
                                                                                        Rogers, Golden & Halpern

                            c    Plant and Animal Communities

                                 This section briefly describes the types of plants and
                                 animals typically associated with several non-tidal
                                 wetland classifications. Similar but more detailed
                                 discussions of plant and animal ass'ociations with tidal
                                 wetlands in Maryland are provided in McCormick and Somes,
                                 1982, and will not be repeated here. Since many species
                                 can tolerate fluctuations in salinity and many non-tidal
                                 wetlands interrelate with tidal wetlands, some overlap in
                                 comparing non-tidal with tidal associations is expected.

                                 Emergent and/or Forested Wetland temporarily or
                                 Intermittently flooded (Seasonally Flooded BasIns and
                                 Flats: Mleadows) are found in upland depressions and along
                                 the edges of streams in floodplains. Meadows occupy
                                 shallow upland basins or border deeper marshes. Rarely is
                                 standing water found. The soil is waterlogged within a
                                 few inches of the surface most of the year. Flooding
                                 occurs along river courses in late fall, winter, or
                                 spring. Vegetation varies and depends on the duration of
                                 saturation from flooding and groundwater levels. Plant
                                 communities provide nesting, feeding, and shelter to
                                 numerous species of resident and migratory songbirds. The
                                 areas are frequented by large numbers of upland game
                                 birds, small game, and furbearers.

                                    Vegetation                 Animals
                                    hardwoods                  squirrels
                                    herbaceous growths         rabbits
                                    native and cultured        reckon
                                     grasses                   fox
                                    ironweed                   deer
                                    golden rod
                                    sweetflag
                                    common rush
                                    spikerush
                                    chufa
                                    smartweed
                                    sedges
                                    tearthun-Lb
                                    joe-pye-weed
                                    arrow head
                                    manyleaved rush
                                    woolgrass
                                    jewelweed
                                    broad leaved annuals
                                    and perennials

                November 1983                          10                                Rogers, Golden & Hadpern

                                 Seinipezmanently or Seasonally Flooded     rgent Metland
                                 (inland Shallow Fresh Marsh) is found at upper reaches of
                                 rivers and streams in, shallow basins or bordering other
                                 types of wetlands. The soil is usually waterlogged during
                                .the growing season. Up to 6 inches of standing water is
                                 common. This classification commonly occurs as seep areas
                                 on irrigated land. As habitat it is used for nesting and
                                 rearing ducklings. It provides high quality foods for
                                 attracting migrating waterfowl and rails.

                                    Vegetation                 Animals
                                    grasses                    muskrats
                                    bulrushes                  black ducks
                                    spike rushes               wood ducks
                                    arrowhead                  oppossum
                                    pickerel weed              nutria
                                    smartweed                  otter
                                    wild millet                reckon
                                    wild rice                  rabbit
                                    cattail

                                 AquatIc Bed Unconsolidated Bottom Pezzaarlently Flooded or
                                 Intermittently Exposed (Inland Open Freshwater) includes
                                 shallow water in ponds, lakes, and open areas interspersed
                                 in inland shallow fresh marsh. This classification has a
                                 variable water depth and is usually bordered by emergent
                                 vegetation. This wetland type serves as resting and
                                 feeding habitat for migrating waterfowl and waterbirds.
                                 Wood ducks, black ducks, and mallards also find this
                                 habitat suitable as nesting and brooding areas.

                                    Vegetation                 Animals
                                    sage pondweed              wood duck
                                    naiad                      black duck
                                    spatterdock                mallard
                                    waterlily                  fish
                                    smartweed                  muskrat
                                    elodea                     turtles
                                    waterwillow                frogs
                                    water cress                salamanders
                                    coontail                   predators of above
                                    water milfoil
                                    duckweed
                                    arrowhead
                                    burreed
                                    spikerush
                                    grasses
                                    sedges

                November 1987                          11
                                                                                         Rogers, Golden & Halpern

                                 Scrub-Shrub wetiand having all non-t-idal regimes except
                                 permanently flooded (Shrub Swamp) can typically be found
                                 adjacent to sluggish streams and less frequently on river
                                 floodplains. Common on landward side of coastal type
                                 wetlands. May be covered with six or more inches of water
                                 and the soil is normally waterlogged during growing
                                 season. Mallards, black ducks, and other puddle ducks use
                                 during migrations. Wood ducks use this habitat for
                                 nesting and nightly roosting.

                                    Vegetation                 Animals
                                    alder                      rabbit
                                    buttonbush                 reckon
                                    willows                    opossum
                                    small maples               fox
                                    small sweetgums            squirrel
                                    tearthumb                  otter
                                    swamp rose                 muskrat
                                    beggar-ticks               deer
                                    beggar-lice                reptiles
                                    jewelweed                  amphibians
                                    joe-pye-weed               mallard
                                    loosestrife                black duck
                                    native grasses             wood duck
                                    sedges                     resident songbirds
                                                               migratory songbirds

                                 Forested Wetland with all non:--t1dal regimes except
                                 permanently flooded (Wooded Swamp) constitutes most of
                                 Maryland's non-tidal wetlands acreage; it comprises the
                                 largest single classification of non-tidal wetlands in
                                 Cecil County (over 3,220 acres). Like the scrub-shrub
                                 wetland discussed above, the palustrine forested wetland
                                 is also found along sluggish streams and on floodplains.
                                 This type is also found on flat, poorly drained uplands
                                 and in very shallow basins. Wooded swamps may be covered
                                 with a few inches of water or up to one foot near streams
                                 and rivers. Soils are waterlogged during the growing
                                 season to within a few inches of the surface.

                                 Palustrine forested wetlands provide habitat for many
                                 types of waterfowl, wildlife, and fishery species. The
                                 habitat is used for nesting, feeding, brooding, night
                                 roosting, and migratory stops for most of the species
                                 indicated below. It provides complete life cycle
                                 requirements for sandpipers.

                November 1987                           12                                Rogers, Golden & Halpern

                                       Vegetation                    Animals
                                       green ash                     black duck
                                       red maple                     wood duck
                                       river birch                   mourning dove
                                       sweetgum                      wood cock
                                       pin oak                       sandpipers
                                       cypress                       resident songbirds
                                       sycamore                      migratory songbirds
                                       other oaks                    bald eagle
                                       elms                          osprey
                                       cottonwood                    large mouth bass
                                       aspen                         pickerel
                                       poplar                        catfish
                                       nettle                        white perch
                                       lizard's tail                 yellow perch
                                       spice bush
                                       magnolia
                                       paw-paw
                                       winterberry
                                       greenbrier
                                       holly
                                       honeysuckle
                                       blackberry
                                       grapes
                                       beggar-ticks
                                       jewelweed
                                       grasses
                                       sedges
                                       broad-leaved plants

                           2. Special Wetland Types

                               a. Natural Heritage Areas

                                    The Natural Heritage Program has assigned significance to
                                    the following locations in Cecil County:

                                    i.    Site NHA-14 - Habitat adjacent to bald eagle nesting
                                          sites at Ordinary Point on the Sassafras River and
                                          the land adjacent to and upstream from Money Creek;

                                    iJL.  Site NHA-14 - Habitat adjacent to bald eagle nesting
                                          sites at Grove Point   U.S. Wildlife Sanctuary;

                                    iii.  Habitat adjacent to bald eagle nesting sites at
                                          McGill Creek, Back Creek, and Foreman Creek; and

                                    iv.   Endangered Species habitat on wetland and upland
                                          areas along the Elk River roughly between Timber
                                          Point and Stony Point; irregularly exposed tidal

                  November.1987                             13
                                                                                                  Rogers, Golden & Halpern

                                        riverine flats adjacent to the Elk River nort   h of Old
                                        Frenchtown wharf; areas at the confluence of two
                                        unnamed tributaries to Great Bohemia Creek that are
                                        just to the east and to the west of Elk Road.

                                 V.     Grove Neck (along the Sassafras River near Money
                                        Creek) and Plum Creek (along the Elk River near Plum
                                        Point) are Natural Heritage Areas in the Critical
                                        Area.

                             b.   Large Tracts

                                  Wetland mapping conducted by the F&WS was reviewed to
                                  evaluate the locations of large wetland tracts within
                                  Cecil County. The detail of the data did not indicate the
                                  size of specific tracts. Therefore, the mapping was used
                                  to screen large areas with wetlands.

                                  The largest individual wetland tracts in the County are
                                  the three major open water features discussed above:
                                  estuarine open water (EIOW) associated with upper
                                  Chesapeake Bay, Northeast River, Elk River, Bohemia River,
                                  Sassafras River and the Chesapeake and Delaware Canal;
                                  riverine open water (R1OW) from the confluence of the
                                  Susquehanna River with Chesapeake Bay north to the
                                  Conowingo Dam; and lacustrine open water (L1OW) north of
                                  the Conowingo Dam. These three classifications together
                                  with estuarine intertidal (E2 classifications), lacustrine
                                  littoral (L2 classifications), and riverine lower
                                  perennial (R2 classifications) comprise 45,134.6 acres,
                                  which equates to over 87 percent of the wetlands in Cecil
                                  County.

                                  The largest single tract of palustrine emergent-(PEM
                                  non-tidal) wetlands (approximately 280 acres) is found at
                                  the Pond Neck U.S. Wildlife Management Area. The second
                                  largest concentration of PEM wetland is at the U.S.
                                  Wildlife Management Area at Town Point Neck. Smaller
                                  concentrations of non-tidal PEM are found on Town Point
                                  Neck and Back Creek Neck. The largest individual
                                  concentration of palustrine emergent wetlands occurs along
                                  the Elk River from about Elkton Landing to Scotland
                                  Point. This area is roughly over 300 acres. It is
                                  seasonally tidal and classified PEMR. Other Elk River
                                  tributaries with extensive and a diverse wetland make-up
                                  including non-tidal wetlands are also associated with Back
                                  Creek, Plum Creek, and Long Branch.

                                  The largest single area of palustrine scrub-shrub wetland
                                  (PSS) occurs just south of Red Point. Though not nearly
                                  as vast in area, several other areas of palustrine
                                  scrub-shrub wetland also occur in unnamed tributaries to
                                  the Sassafras River between Grove Point and Ordinary
                                  Point.

                November 1987                            14
                                                                                             Rogers, Golden & Halpern

                                   On the Cecilton peninsular area the palustrine deciduous
                                   forested wetlands (PF01) are typically broader features
                                   than those that occur in most other areas of the County;
                                   this is probably due to the flatter topography that occurs
                                   there. The flatter topography may also play a role in the
                                   broader palustrine deciduous forested wetlands a      long the
                                   upper reaches of Northeast Creek (upstream from Bay View)
                                   and in wetland areas found between Elkton and the
                                   Chesapeake and Delaware Canal. Most of the tributaries to
                                   the Sassafras River and Bohemia Creek in Cecil County also
                                   have fairly significant concentrations of PF01 wetlands.

                                   Large tracts require protection due to the diversity of
                                   wetland types that are typically found in association with
                                   one another; thus, they are likely to afford a more
                                   diverse functional value. This is not to say that homo-
                                   geneous tracts or wetlands with a smaller size may not be
                                   as important, only that the potential is greater for a
                                   multi-habitat wetland to have a more significant
                                   environmental function.

                              C.   Wetland Associations with-Upland Natural Areas

                                   Upland natural areas include recreation areas such as
                                   parks or wildlife management areas. Wetland habitat often
                                   plays a major role in maintaining the values of these
                                   natural areas. Ten Upland Natural Areas are noted in
                                   Cecil County. in each area a diversity of wetland
                                   classifications occur, and with few exceptions are
                                   entirely non-tidal wetlands. The specific areas are
                                   listed below.

                                        0    U.S. Wildlife Management    Area at Pond Neck
                                        0    U.S. Wildlife Management    Area below Courthouse
                                             Point
                                        0    U.S. Wildlife Management    Area at Elkhaven
                                        0    U.S. Wildlife Management    Area at Elkton
                                        0    Elk Neck State Forest
                                        0    Elk Neck State Forest at    Black Hill
                                        0    Elk Neck State Forest at    Turkey Point (2)
                                        0    Grove Point U.S. Wildlife Sanctuary.
                                        0    Susquehanna State Park

                              d.   Wetlands  of Special Interest

                                   Certain wetland areas or types are of special significance
                                   for fish, plant, and wildlife and are deserving of
                                   protection. These wetlands may or may not have been inapped
                                   and included in the inventories conducted to date. Due to
                                   their potential for containing, supporting, or contribu-
                                   ting to the existence of threatened and endangered
                                   species, exemplary communities, or unique species and/or

                 November 1987                             15
                                                                                                Rogers, Golden & Halpern

                                 associations in Maryland, the local wetland protection
                                 program should determine methods for locating such
                                 wetlands. The Chesapeake Bay Critical Area Commission,
                                 1987, has outlined positive indicators for non-tidal
                                 wetlands of special importance. Though not specific to
                                 Cecil County, the following positive indicators should be
                                 used when evaluating programs af  fecting we  tlands:

                                 1)    Areas that contain two or more contiguous wetland
                                       complexes.

                                 2)    Wetlands with special soil types (excluding even-aged
                                       loblolly pine dominated areas): Pocomoke; Elkton;
                                       Evesboro-Goldstown; peat; and muck.

                                 3)    Wetlands in gravel/sand pits abandoned for more than
                                       5 years.

                                 4)    Seep wetlands with muck or peat soils or at least 70
                                       percent cover of sphagnum moss. Indicator plant
                                       species include:

                                    Common Name                 Scientific Name

                                    skunk cabbage               Symplocarpus foetidus
                                    follicled sedge             Carex folliculata
                                    marsh marigold              Caltha palustris
                                    Canada mayflower            Maianthemum canadensis
                                    wood anemone                Anemone quinquefolia

                                 5)    Forested wetland with bald cypress (Taxodium   ditichum
                                       - PF02) or Atlantic white cedar (Chamaecyparis
                                       thyoides).

                                 6)    Forested wetlands dominated by large trees [e.g.,
                                       greater than 24 inches diameter at breast height
                                       (dbh)] with less than 30 percent herbaceous cover of
                                       exotic species including:

                                    Common Name                 Scientific Name
                                   .Japanese honeysuckle        Lonicera japonica
                                    Japanese barberry           Berberis thunbergii
                                    Japanese knotweed           Polygonum cuspidatum
                                    Kudzu-vine                  Pueraria lobata
                                    Asiatic knot weed           Polygonum perf-oliatum
                                    Day lily                    Hemerocallis fulva
                                    Multiflora rose             Rosa multiflora
                                    Privet                      Ligustrum sp.
                                    Garlic mustard              Aliaria officinalis
                                    Autumn/Russian  olive       Eleaganus sp.
                                    Purple loosestrife          Lythrum salicaria
                                    Common reed                 Phragmites australis

                November 1987                           16

                                                                                          Rogers, Golden & Halpern

                                7)   Forested wetlands with shrub and herbaceous cover of
                                     at least 30 percent. Indicates well-defined
                                     vegetation layers with high diversity.

                                8)   Wetlands adjacent to bayside pond. Identified as
                                     PSSIE, PSSlR, or E2SS on NWI maps.

                                     Forested or scrub-shrub wetland ov er one acre in
                                     size, except those where loblolly pine is dominant.

                                10)  Wetlands associated with extensive forested tracts,
                                     such as those used by interior dwelling songbirds.

                                11)  Delmarva Bays - wetlands dominated by drawdown or
                                     emergent vegetation in centripetally-drained,
                                     seasonally flooded basins.

                                12)  Bogs - highly acidic wetlands characterized by peat,
                                     or a floating mat of vegetation, and Sphagnum. Often
                                     occur adjacent to old mill ponds and in old
                                     gravel/sand pits.

                                13)  Forested wetlands with vernal pools (seasonal ponds).

                                Wetlands that'do not meet these criteria are not
                                necessarily of insignificant value. Surely, many wetlands
                                not meeting these criteria will be capable of providing
                                important water quality values, such as filtering
                                impervious surface runoff or even point source
                                discharges. They may also provide valuable flood storage
                                capabilities. The local wetland protection plan should
                                include measures to assess other wetland values and the
                                importance of individual wetlands in the context of
                                specific activities affecting wetlands in the County.

                        3. Trends

                            a.  NWI vs. McCormick Survey

                                Classification schemes used prior to 1975 for wetland
                                inventories in Maryland were based on the characterization
                                of wetland complexes. The 1975/1978 State Wetland Mapping
                                System used a system that delineated wetland vegetation
                                types. The basic approaches are not directly comparable.

                                The classification system used for the U.S. Fish and
                                wildlife System mapping in the most recent NWI mapping
                                used the hierarchical classification system introduced by
                                Cowardin et al., 1979. The final level of detail in this
                                system is "Dominance Type." The types used in the
                                Maryland scheme are equivalent to the Dominance Types used
                                in the Cowardin scheme. Since the Maryland coastal

                November 1987                         17
                                                                                       Rogers, Golden & Hcapern

                                mapping inventoried coastal wetlands up*to the inland
                                boundary, this program did not consider much of the
                                palustrine wetlands in the County. Comparisons of data
                                between the two inventories are therefore very difficult.
                                For instance, the McCormick study mapped 77 acres of what
                                would be the equivalent of palustrine forested wetland by
                                Cowardin; the NWI study mapped over 3,200 acres of
                                palustrine forested wetland. A closer relationship may
                                exist between the McCormick study's brackish and fresh
                                marsh and the NWI estuarine and riverine emergent
                                categories. McCormick mapped 1,928 acres of marsh while
                                the NWI study mapped 1,543 acres of estuarine emergent
                                wetlands and 38 acres of riverine emergent wetland for a
                                total of 1,581 acres. Using the similarity between the
                                schemes relating to the scrub-shrub category, the
                                McCormick inventory mapped 341 acres and the NWI study
                                accounted for only 16 acres. Another example of the
                                differences between the two schemes is with submerged
                                vegetation. McCormick accounted for 681 acres of
                                submerged vegetation wetlands while the NWI study map had
                                no estuarine and riverine submerged aquatic bed
                                classifications in Cecil County.

                                Without having a more reliable basis for comparison
                                between the two classification schemes, it is impossible
                                to quantify any trends in wetland growth or loss in the
                                County.

                            b.  Threats to County Wetlands

                                Historically, the greatest source of non-tidal wetland
                                loss in Maryland has been from drainage that has occurred
                                for forestry, agriculture, mosquito control, and land
                                development. Filling of wetlands to improve ground
                                stability to support structures such as homes, industry,
                                etc. has also been responsible for wetland destruction.
                                Other activities that have also contributed to wetland
                                destruction or alteration have been dredging; solid waste
                                disposal; road construction; mineral extraction for coal,
                                peat, sand, and gravel; and water pollution including
                                industrial wastes, sediments, urban runoff, and sewage and
                                agricultural runoff.

                                Wetlands may be destroyed directly by filling or
                                dredging. However, even a minor modification may result
                                in reducing the value of a specific wetland or in
                                destroying it by more subtle changes occurring upstream
                                of, adjacent to, or within a given wetland. Minor changes
                                in hydrology or water quality can have devastating effects
                                on wetlands.

                November 1987                         18                                Rogers, Golden & Halpern

                                Therefore, it is important that the local decision-makers
                                also be a party.to the protection of wetlands. Histori-
                                cally, wetland loss in Maryland has occurred at a rate of
                                about 1,000 acres per year. With enactment of the
                                Maryland Wetlands Act of 1970, that amount was reduced to
                                about 20 acres per year of tidal wetlands. These numbers
                                are based mainly on losses occurring during the 1950s to
                                1970s. The older wetland definitions were being used
                                then. Now that wetland mapping has improved substan-
                                tially, especially for wetlands with drier water regimes
                                (much of the palustrine descriptors), the actual losses
                                were probably much greater. Care should be taken in
                                developing measures to protect non-tidal wetlands, which
                                may or may not play a role in maintaining the quality of
                                coastal wetlands, but deserve no less attention.

                November 1987                         19
                                                                                       Rogers, Golden & Halpern

                                                              TA LK I

                                          A Generalization of Wetland Classifir-atlons:
                                                     1-n Ceci-I County, Maryland

                     NWI       System                Individual NWI         Area                   Avg. Acres/
                   Category Description              Classifications       (acres)    Frequency     Occurrence

                      El     Estuarine subtidal             2             38,184.43        22          1735.66

                      E2     Estuarine intertidal          18               2155.73       361             5.97

                      Rl     Riverine tidal                 6               1948.10        14            139.15

                     Subtotal Ti-dal wetlands              26             42,288-31       397            106-79

                      R2     Riverine lower
                               perennial                    4                 946.03       10             9.46

                      R3     Riverine upper
                               perennial                    3                  61.01          6           10.17

                      Ll     Lacustrine limnetic            2               1862.95        14            133.08

                      L2     Lacustrine  littoral           2                  37.31         2            18.65

                     PAB     Palustrine  aquatic bed        3                   7.77         3            2.59

                     PEM     Palustrine  emergent          40               1693.73       282             6.01

                     PFL     Palustrine  flat               4                  17.61       16             1.10

                     PFO     Palustrine  forested          29               3222.71       761             4.23

                     POW     Palustrine  open water        15                 962.77      881             1.09
                     PSS     Palustrine  scrub-shrub       18                 603.79      173             3.49

                     Subtotal Non-tldal wetlands           120              9415.68       2148            4.38

                     Total Wetlands                        146             51,703.99      2545            20.32

                 November 1987                              20
                                                                                                Rogers, Golden & Halpern

                                                                TABLE 2

                             A Listing of Wetland. Classifications Having Only a Single occurrence
                                                     In Cecil County, Maryland

                                                            Tidal Wetlands
                                         NWI                            Area
                                         Classification                 (Acres)

                                         EIOWLX6                        334.22
                                         E2EM2/FLN6                      31.37
                                         E2EM5/FLN6                       2.18
                                         E2EM5N6                          3.20
                                         E2FOI/EM5P6                      2.15
                                         R1BBS                            1.02
                                         RIEM2/FLN                       34.29
                                         RlEM2T                              .24
                                         RIFLM                          -91.05

                                         9 Categories                   499.72

                                                         Mon-Tidal Wetlands
                                         NWI                            Area
                                         Classification                 Acres

                                         L2EM2FH                          .33
                                         L20WZHS.                       36.98
                                         PAB4/OWZH                       3.29
                                         PAB4H                           3.10
                                         PEM/OWF                         1.67
                                         PEMI/5EH                        2.67
                                         PEM1/OWFHS                      7.00
                                         PEMIEHS                        35.38
                                         PEMlFHS                         1.00
                                         PEM2FH                          1.69
                                         PEM2/5RB                        1.10
                                         PEM5AX                          1.25
                                         PEM5CX                           .38
                                         PEM5S                            .90
                                         PEMF                             .23
                                         PFLCX                            .07
                                         PFOISSlF                        1.47
                                         PFOI/EM5R                       6.62
                                         PF01AH                           .66
                                         PF01EB                         23.49
                                         PF05/OWZB                       3.20
                                         PF05/SS1F                       3.76
                                         PF05FH                          1.14
                                         POWFB                           1.53
                                         POWFHX                          2.45
                                         POWKX                            .63

                 November 1987                               21
                                                                                                   Rogers, Golden & Halpern

                                                         Table 2, cont'd.

                                        POWTH                           .58
                                        PSS1/5FH                       15.19
                                        PSS1/EM5CH                     1.63
                                        PSS1/EM5EH                     2.44
                                        PSSIEB                          .86
                                        PSS5/OWFB                      2.52
                                        R2BBA                          2.94
                                        R2FLA                           .60
                                        R3BBA                           .33

                                        35 Categories                 170.08

                 November 1987                             22                                  Rogers, Golden & Halpern

                 II. WETLAND INFORMATION SOURCES

                     A.  Maryland Department of Natural Resources (DNR). The DNR maintains
                         several data sources that can be used to obtain useful information
                         on tidal and non-tidal wetlands. The data include maps as well as
                         aerial photographic products and reports on Maryland's wetlands.

                         1.   The Wetlands Division has complete coverage of tidal wetlands in
                              tidewater Maryland. Tidal wetland areas have been mapped on
                              aerial photo mylars at a scale of 1 inch = 200 feet. These
                              areas are classified by vegetation type. Natural color and
                              infrared aerial photographs can also be obtained from the
                              wetlands Division.

                         2.   Flood Hazard Boundary Maps and Flood Insurance Rate Maps are
                              available from DNR, Flood Management Division. The flood data
                              generated under the direction of the Federal Emergency
                              Management Agency have limitations for wetland identification.
                              However, many areas have aerial photographic coverage and
                              accompanying planimetric maps at a scale of 1 inch = 600 feet,
                              which may be useful for wetland identification purposes.

                         3.   An Upland Natural Resources Inventory, which catalogued and
                              mapped environmental features of natural resource sites, was
                              performed by the Tidewater Administration. The Inventory, which
                              is at a scale of 1 inch = 1 mile, may include some wetland

                              areas.

                         4.   The Coastal Resources Division has prepared a comprehensive
                              listing of vascular plant species occurring in Maryland wetlands
                              entitled Vascular Plant Species Occurring in Maryland Wetlands
                              by Dawsonand Burke, 1985.

                         5.   The Coastal Resources Division has on file the digitized U.S.
                              F&WS mapping of tidal and non-tidal wetlands including all of
                              Cecil County A two-map set is available for the County at a
                              scale of 1:50,000. At this scale certain subsystems and classes
                              (using F&WS hierarchial classification scheme) are combined to
                              maintain clarity. More detailed descriptions as mapped by the
                              F&WS are available with the NWI overlays-at a scale to be used
                              over USGS 7.5 minute topographic quadrangle base maps.

                         6.   The Natural Heritage Program maintains a computerized filing
                              system on unique, rare, and endangered species habitat areas in
                              Maryland. A great deal of useful information has been
                              collected, although little is in the map format. Many of these
                              areas contain non-tidal wetlands.

                     B. Maryland Department  of State Planning. The Department has also
                         c,ompiled information that is available and that has applications to-
                         wetlands concerns.

                  November.1987                        23
                                                                                        Rogers, Golden & Halpern

                        1.  Tidal and non-tidal wetlands have been mapped by the Maryland
                            Wildlife Administration and are included in the Maryland
                            Automated Geographic Information System data base. This
                            information system includes a variety of physical, cultural, and
                            aerial data. The base data maps were prepared at a scale of
                            1:63,360 from land use/cover information in 1973 and 1978.
                            Non-reproducible base maps are available for review at the
                            Department. These maps are at a scale of 1:24,.000.

                            The Maryland Recreational Inventory System locates all public,
                            quasi-public, private recreation, and open space areas.

                        3.  Selected tidal and non-tidal wetlands may be contained in Areas
                            of Critical State Concern: Designation Report. The maps are at
                            a scale of 1 inch = 2,000 feet.

                    C.  U.S. Soil Conservation Service. The Soil Conservation Service (SCS)
                        maintains lists of the kinds and combinations of soils and plants
                        that define wetland areas. A copy of Hydric Soils of the State of
                        Maryland, 1985 can be obtained from the SCS. The boundaries of
                        various soil types are delineated in the SCS County soil survey and
                        are depicted over aerial photography at a scale of 1:15,840. Staff
                        at SCS are also available to review plans for selection of sites and
                        design and maintenance of artificial ponds.

                    D.  U.S. Fish and Wildlife Service. The F&WS has conducted the mapping
                        of tidal and non-tidal wetlands in Maryland, including Cecil County,
                        at the scale of 1 inch = 2,000 feet using the USGS 7.5 minute
                        topographic quadrangle base maps. With their role to evaluate the
                        impacts on water quality, wildlife, and wildlife habitat in
                        wetlands, the F&WS has experienced staff to discuss wetland
                        projects. The F&WS makes recommendations to the Army Corps of
                        Engineers on the approval or denial of permits for projects
                        involving wetlands being reviewed by the Corps. The F&WS can also
                        be consulted to assist in evaluating whether specific projects fall
                        under the jurisdiction of the Corps of Engineers.

                III.Analysis of Wetland Management Programs

                    A. State

                        1. Critical Area Commission

                            The Maryland General Assembly enacted legislation in 1984, the
                            Chesapeake Bay Critical Area Protection Program Law, which
                            focused public attention on land development near the Chesapeake
                            Bay and its tidal tributaries. The Critical Areas Commission
                            was responsible for developing criteria to guide the development
                            of local Critical Area protection programs by local jurisdic-
                            tions. These protection programs encourage more sensitive
                            development along the Bay and its tidal tributaries. The
                            Commission developed criteria that support the overall goals of

                November 1987                         24

                                                                                      Rogers, Golden & Halpern

                            the program: III minimize adverse impacts on water quality that
                            result from pollutants that are discharged from structures or
                            conveyances that have run-off from surrounding lands; (2)
                            conserve fish, wildlife, and plant habitat; and (3) establish
                            land use policies for development in the Chesapeake Bay Critica 1
                            Area that accommodate growth and also address the fact that,
                            even if pollution is controlled, the number, movement,, and
                            activities of persons in that area can create adverse
                            environmental impacts.

                            The protection of tidal wetlands is inherent in the Critical
                            Area program since the designated Critical Area is based on the
                            lands and waters indicated as wetlands on state coastal wetland
                            maps as well as all land and water 1,000 feet beyond the
                            landward boundary of State or private wetlands and the heads of
                            tides as designated.

                            The Critical Area Criteria also call for the protection of all
                            wetlands connected to tidal wetlands, tidal waters, tributaries,
                            and wetlands of special habitat importance, regardless of size.
                            The Criteria address four of the eight classes of Palustrine
                            wetlands described in Cowardin et-al., 1979: Aquatic Bed,
                            Emergent, Forested, and Scrub-shrub. Local jurisdictions must
                            identify and provide protection for these palustrine wetlands of
                            1 acre or larger. Protection must include two components. The
                            first is that a minimum 25-foot buffer be established around the
                            non-tidal wetland. Development activities or other activities
                            that may disturb the wetland are prohibited. Encroachment into
                            the buffer may be allowed if it can be-determined that the
                            proposed activity will not adversely affect the wetland or
                            wildlife contained therein. The hydrologic regimes of wetlands
                            are also required to be protected.

                            The second component is a requirement for mitigation. There
                            must be an attempt to avoid and minimize impacts before
                            alterations are deemed unavoidable and necessary. Alterations
                            to non-tidal wetlands, when permitted, (e.g., associated with a
                            water-dependent facility or when determined to be of substantial
                            economic benefit) must show that alterations are necessary and
                            that there are no alternative sites available that could be used
                            to avoid the wetland alteration. A plan for mitigation is
                            required and must compensate for the impact by replacing or
                            providing a substitute wetland.

                            Under the Critical Area program, wetlands and non-tidal wetlands
                            within the buffer are also afforded some protection under other
                            criteria including forest and woodland protection, agriculture,
                            natural parks, and habitat protection areas. The Commission has
                            a guidance paper that is available on non-tidal wetlands.

                November 1987                         25                                Rogers, Golden & Halpern

                        2. Maryland Department of  Natural Resources

                            a.  Flood Hazard Management Planning

                                Although its primary goal is protection against flood
                                losses, the Flood Hazard Management Act of 1976 provides
                                provisions that local regulations must consider the
                                protection of the biological values in developing flood
                                management plans. Jurisdictions with approved flood
                                management plans can apply for funding on a 50 percent
                                state/50 percent local matching basis to implement capital
                                projects. Non-structural measures are given top priority.
                                DNR will assist jurisdictions willing to incorporate wetland
                                protection measures into floodplain regulations.

                            b.  Watershed Permits Program

                                The Water Resources Administration (WRA) of the DNR requires
                                state permits for placing fills or for development in the
                                100-year floodplain. A "waterway construction" permit is
                                required before construction can begin in or along a
                                non-tidal stream or any construction that changes the
                                course, current, or cross-section of that stream or its 100-
                                year floodplain including dams, reservoirs, or small ponds..
                                Since permits are required only for work within the 100-
                                year floodplain, the program is only partially effective in
                                protecting non-tidal wetlands. However, regulations
                                promulgated.in November 1986 require that applicants avoid,
                                minimize, or mitigate adverse impacts to terrestrial habitat
                                and non-tidal wetlands. The program also exempts many
                                activities that have adverse effects on wetlands and the
                                criteria for permit approval do not provide for guaranteeing
                                that non-tidal wetlands will remain unaltered.

                            C.  Surface Mining Act

                                The WRA also administers the permitting of mine owners and
                                operators of surface mining operations that extract
                                materials other than coal through the Surface Mining Act of
                                1975. The Act does include several safeguards to help
                                prevent the destruction of non-tidal wetlands.,

                                    1)   The operation should not adversely affect the
                                         wildlife of fresh water, estuarine, or marine
                                         fisheries;

                                    2)   the operation should not adversely affect publicly
                                         owned park, forest, or recreation areas; and

                                    3)   there should be no substantial deposits of sediment
                                         in stream beds or lakes or not result in landslides
                                         or other water pollution.

                November 1987                         26                               Rogers, Golden & Halpern

                                The Act also includes provisions for denial of a permit if
                                operations will:

                                    1)   be incompatible with state or local land use plans;

                                    2)   affect fragile or historic lands in such a way to
                                         damage their historic, cultural, scientific,
                                         aesthetic, and natural system values;

                                    3)   affect renewable resource lands where there would
                                         be a substantial loss or reduction of long-range
                                         productivity of water supply or food or fiber
                                         products, including aquifers and aquifer recharge
                                         areas; and

                                    4)   affect natural hazard lands where there could be a
                                         significant endangerment of life and property, such
                                         lands including those areas subject to frequent
                                         .flooding or areas of unstable geology.

                                Although currently in draft form, the latest version
                                includes buffer requirements for streams, Areas of Critical
                                State Concern, and Wild and Scenic Rivers.

                            d.  Sewage Treatment and Water Supply

                                The Department of the Environment regulates the construction
                                of sewage treatment plants. The Department of the
                                Environment reviews permit applications for consistency with
                                established discharge criteria. There must also be a
                                consistency of discharge points and levels of treatment with
                                local and state water quality and sewerage plans.
                                Individual water and waste water systems are also regulated
                                by the Department of the Environment. Standards for well
                                and septic systems are promulgated by the Department of the
                                Environment and include the prohibition of individual
                                treatment systems in saturated soils or in sites with high
                                water tables characteristic of most wetlands. Applicants
                                filing for a Section 10 or 404 Corps of Engineers permit
                                must get the Department of the Environment Water Quality
                                Certification approved before the Corps will issue their
                                permit.

                            e.  State Intervention in Land Use Proceedings

                                The Department of State Planning has been given the
                                authority to intervene in judicial, administrative, or other
                                proceedings involving land use, development, or
                                construction. It can intervene on its own initiative or by
                                request from another state agency or federal or local

                November 1987                         27                               Rogers, Golden & Halpern

                                 government on decisions having the potential to affect
                                 statewide interests. The program gives local jurisdictions
                                 a means of obtaining assistance for the purpose of
                                 protecting wetlands.

                            f.   Maryland Coastal Zone Management Program

                                 The Maryland Coastal Zone Management.(CZM) Program received
                                 the approval of the federal Office of.Coastal Zone
                                 Management on September 30, 1978. The overall goals of the
                                 program are to:

                                     0    preserve and protect coastal resources,

                                     0    protect and promote economic and social stability
                                          in an environmentally compatible manner; .

                                     0    protect public interest, safety, and welfare in
                                          natural hazard areas;

                                     0    locate major facilities only in appropriate coastal
                                          areas maintaining environmental quality;

                                     0    promote appropriate methods for using coastal areas
                                          to prevent coastal resources degradation;

                                     0    promote intergovernmental coordination.and public
                                          par ticipation; and

                                     0    provides comments to the permit issuing agencies.

                                 One of the specific objectives to attain these goals
                                 includes the protection of "coastal terrestrial areas of
                                 significant value, areas having scenic, scientific,
                                 geologic, hydrologic, biologic, or ecosystem maintenance
                                 importance -- such as non-tidal wetlands, endangered species
                                 habitat, significant wildlife habitat, and wintering and
                                 resting areas of migratory birds." The non-tidal wetlands
                                 program also provides assistance and project comments upon
                                 request for issues concerning non-tidal wetlands, both
                                 inside and outside the Coastal Zone.

                                 The Corps of Engineers cannot issue a permit that is not
                                 consistent with the State CZM Program.

                            g.   Recreation and Open Space Plan

                                 The DSP developed the Maryland State 'Comprehensive Outdoor
                                 Recreation and Open Space Plan as well as 24 local
                                 recreational plans. The plans identify significant natural-
                                 areas that should be preserved or conserved for open space,
                                 recreation, and natural resource potential. Wetlands are

                November,19 87                        28                                Rogem, Golden & Halpern

                                included in a generic category of significant areas of
                                natural diversi@y. The plans recommend the protection of
                                such areas.

                    B.  Federal

                        The U.S. Army Corps of Engineers (COE) has the primary
                        responsibility for wetlands protection at the federal level. The
                        U.S. Environmental Protection Agency is responsible for developing
                        guidelines to assist in the decision making process for permit
                        applications. This responsibility has its roots in two important
                        laws, Section 10 of the Rivers and Harbors Act and Section 404 of
                        the Clean Water Act. A full explanation may be found in the
                        regulations, 33 Code of Federal Regulations, Parts 320 through 329.

                        1.   Corps of Engineers

                             The Rivers and Harbors Act of 1899 and the Clean Water Act
                             (Federal Water Pollution Control Actf as amended in 1977) gives
                             the COE the authority to regulate the building of structures or
                             filling of "navigable waters of the United States." Principally
                             written to avoid obstructions in navigable waters, the scope has.
                             changed in response to changing environmental, social, and
                             economic conditions. The COE's jurisdiction originally extended
                             to only navigable waters. Its authority was expanded in 197'5,
                             due to the growing concern for resource protection, to all
                             waters of the U.S. including most wetlands. In 1984, its
                             jurisdiction was extended to include isolated wetlands, areas
                             not connected to streams.

                             Under Section 10 of the Rivers and Harbors Act, the COE's
                             jurisdiction extends only to the mean high water mark.
                             Construction of structures such as docks, jetties, and bulkheads
                             and the excavation or deposition of materials into wetlands up
                             to the mean high water mark requires a Section 10 permit. The
                             area usually involves low marsh wetlands and nonvegetated
                             wetlands or mudflats.

                             The COE's jurisdiction is not as limited under Section 404 of
                             the Clean Water Act. The jurisdiction here extends to the high
                             water mark and beyond to the landwardmost limit of existing
                             wetlands, including isolated wetlands. Activities involving
                             dredging or filling associated with things such as construction
                             of homes, roads, dikes, seawalls, and other work involving
                             dredging or the discharge or fill require a 404 permit.

                             While not exempted under Section 10, certain activities are
                             exempted under Section 404 and include:

                                1) construction of farm or forest roads;

                                2) maintenance of shoreline structures;

                November 1987                         29
                                                                                       Rogers, Golden & Halpern

                                3) soil and water conservation practices; and

                                4) activities associated with farming, tilling, harvesting,
                                    etc.

                          .Activities that the COE feels will result in minimal*impacts
                           either individually or cumulatively may be issued a general
                           permit by the COE. Examples include:

                                1) road crossings;

                                2) utility crossings;

                                3) bank stabilization; and

                                4) pollution clean-up activities.

                           These activities may be denied a water quality certification or
                           CZM consistency. A separate application is still necessary for
                           the Department of the Environment.

                           A major component of the COE's-review of permit applications
                           includes public interest review. The benefits that reasonably
                           may accrue from a specific project must be balanced against its
                           reasonably foreseeable detriments. During the COE's review they
                           must consider the general needs of the public: resource
                           conservation, navigation, economics, recreation, aesthetics,
                           water supply, historic values, food production, fish and
                           wildlife values, flood damage prevention, energy needs, and land
                           use. No permit will be granted unless its issuance is found to
                           be in the public interest.

                           Citizens can be involved by reviewing Public Notices, which'the
                           COE issues to advise the public of the proposed activities.
                           Public Hearings may be held by the COE were it is warranted
                           based on the COE review and comments received.

                           Although the COE makes the final decision on approval or denial
                           of permit applications, they must also consider the comments and
                           recommendations of the Environmental Protection Agency, Fish and
                           Wildlife Service, the National Marine Fisheries Service, state
                           agencies, and the public.

                       2.  Executive Orders

                           On May 24, 1977, President Carter issued Executive Order 11990
                           and Executive order 11988, which concerned the Protection of
                           Wetlands and Floodplain Management, respectively. The orders
                           emphasizing the continuing importance given to wetlands required
                           that federal agencies avoid activities that have adverse impacts
                           on wetlands, where practical, and that they avoid undertaking
                           funding or permitting operations in the 100-year floodplain.

               November 1917                         30                                Rogers, Golden & Halpern

                        3.  Soil Conservation Service

                            The Soil Conservation Service (SCS) assists in the conservation,
                            development, and productive use of the nations's soil, water,
                            and related resources. Technical assistance and data on
                            resources are offered through the National Cooperative Soil
                            Survey, Small Watershed Program, Water Bank Program, to help
                            make long-term decisions about wetlands.

                            On December 23, 1985, the Food Security Act (Swampbuster) became
                            effective. It was aimed at discouraging the conversion of
                            wetland for agricultural purposes. The provisions of the Act,
                            with a few exceptions, indicate that farmers converting wet   Iand
                            to cropland will lose eligibility for certain USDA benefits on
                            not only  the converted wetland area but on all the land farmed.

                    C.  County Plans  and Regulations Affecting Wetlands

                        Cecil County  has no regulations affecting wetlands. The County is
                        dependent on  the Army Corps of Engineers (COE) permit process.
                        Whenever the  County's Technical Advisory Committee has information
                        about a site  proposed for development that contains non-tidal
                        wetlands, it  recommends that the applicant contact the COE for
                        detailed information on its wetland identification and permit
                        requirements.

                        The draft Cecil County Chesapeake Bay Critical Area Program contains
                        the requirement that all development activities other than water-
                        dependent facilities leave a 25-foot, undisturbed buffer around all
                        palustrine non-tidal wetlands. This buffer must be expanded up to
                        50 feet if there are steep slopes (>15 percent), highly erodible
                        soils ("K" value >0.35), hydric soils, or soils with hydric
                        properties adjacent to the 25-foot buffer. In addition to this
                        protection measure, many palustrine non-tidal wetlands are protected
                        by a 110-foot buffer adjacent to all tributary streams, tidal
                        waters, and tidal wetlands (expanded up to 160 feet to include
                        adjacent sensitive soils, as above) if the'110-foot buffer is not
                        completely forested. These proposed non-tidal wetland protection
                        measures will apply to the first 1,000 feet of land above the mean
                        high water line if they are approved by the Chesapeake Bay Critical
                        Area Commission and by the County Commissioners. They are scheduled
                        to go into effect in 1988.

                November 1987                          31                                 Rogers, Golden & Halpern

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