Anne Arundel County Critical Area Development Guidelines

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

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ANNE ARUNDEL CDUNTY
CRITICAL AREA DEVELOPMENT GUIDELINEY

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ACIOUffEDGEMENTS
Wounty Executive

James Lighthizer

Office of Planning and Zoning

Owen K. White, Planning and Zoning Officer
James J. Cannelli, Assistant Planning and Zoning Officer
Joseph J. Elbrich, Administrator,
Environmental and Special Projects
Elaine M. Peiffer, Project Manager

Planning Staff

Charles Abrahamson
Rodney Banks
Penelope Chalkley
Dan Gerczak
James Johnson
Christine Lynch
Nancy Matthews
Steve McAvoy
*Eric See
Deborah Shurie

SECRETARIAL STAFF
Vivian Karcher

The preparation of this document was funded in part by the Coastal Resources
Division, Maryland Department of Natural Resources, through a grant provided by
the Coastal Zone Management Act of 1972, as amended, administered by the Office of
Ocean and Coastal Resource Management, National Oceanic and Atmospheric
Administration.

TABLE OF CONTENTS

Page
91. Introduction ................................................ I-1

II. Basic Critical Area Criteria ............................... II-1
Intensely Development Area ................................. 11-3
Limited Development Area ................................... 11-7
Resource Conservation Area ............................. o ... II-11
Additional Critical Area Criteria .......................... 11-16
Intrafamily transfers .................................. 11-16
Steep Slopes ........................................... 11-17
Water Dependent Facilities ............................. 11-17
Shoreline Erosion Controls ............................. 11-18
Dredging, .............................................. 11-19
Agricultural Protection ................................ 11-19
Mineral Resources ...................................... 11-21
Habitat Protection ..................................... 11-22
Critical Area Policies ................................. 11-25

III. Developmnt Requirements ................................... III-1
Application for Waterfront Building Permit .............. -111-2
Information Checklist for Waterfront
Building Permits and Grading
Permits ................................................ 111-3
Shore Erosion Control Projects ............................. 111-5
Residential Piers .......................................... 111-7
Residential, Ccimmercial, and Industrial Major
Subdivisions ........................................... 111-8
Residential, Commercial, and Industrial Minor
Subdivisions... ........................................ III-10
Application for a Grading Permit.(until January 1990). ..... 111-12
Application for a Grading Permit.(after January 1990) ...... 111-14
Application for a Special Exception ........................ 111-16
Application for a Variance (to the Zoning Ordinance) ....... 111-18
Application for a Rezoning ................................. 111-19
Chesapeake Bay Critical Area Information
(Long Form) .................................. o.o..ooo..III-2l
Chesapeake Bay Critical Area Information
(Short Form: Minor Subdivision) ...... o...... 0 0 ......... 111-28
Chesapeake Bay Critical Area Information
(Short Form: Variance) . o o ... o o .......... o..... o ........ 111-29
Notification of Project Application Form ...o.............. oIII-30
Information Required for Proposed Shore Erosion
Control Projects ........ o.............. - ............ 111-31

IV. Appendix ............. o . o........... o o ..................... 1V-l

Glossary, ........................ o ... o ...o... o- ......... IV-2-7
List of Consultants: Wetland Identification
and Critical Area Experience .......... o............... 1V-8
List of Engineers: Critical Area Experience ......... oo .... 1V-10
Buffer planting Brochure ........................... o ... oo.IV-12
Reference to Habitat Assessmnt Manual .................... IV-15
Reference to Reforestation Manual ....... oo- ..... o...... ooIV-15

PREFACE
W
The following publication is intended solely as a technical guidance paper for
hose citizens who are attempting to develop in the Critical Area within Anne
Arundel County and it reflects the development procedures for private projects
only. These guidelines represent and bridging and consolidation of what is
required by the State's Criteria and law and by Anne Arundel County's law for
development in the various Critical Area land use classifications, as well as for
types of projects and procedures. It also serves to provide policy clairification
and interpretation which have been established to date.

These guidelines are not a substitute for the County's Critical Area Law,, Bill
49-88.

It should also be noted that these guidelines will be subject to change as
amendments are made to Bill 49-88, to the text of the Critical Area Program
documents, and any additional County legislation.

I. INTRODUCTION
OIn 1984, the Maryland General Assembly passed Senate Bill 664, which initiated the
Chesapeake Bay Critical Area Program. This legislation defined the Critical Area
as all land and water areas 1,000 feet landward of tidal waters, or tidal wetlands
and the heads of tide. Through this State legislation, local jurisdictions
adjacent to the Chesapeake Bay and jurisdictions that had tidal tributaries
flowing into the Bay within their borders were mandated to develop their own
Critical Area Programs, or to have the State develop one for each of them. In
June 1986, Anne Arundel County chose to develop its own Critical Area Program,
which was required by the State law to include the State Critical Area Criteria.

The Critical Area Program of Anne Arundel County is based upon three major goals:
(1) to minimize negative impacts on water quality; (2) to conserve fish, wildlife
and plant habitats; and (3) to establish land use policies for development within
the Critical Area. The major impetus of this Program is not to ban development,
but to provide a framework for promoting more environmentally sensitive
development along the County's shorelines.

This publication is intended to pre-sent the Critical Area development regulations
in a clear and concise manner. The property owner who would like to build an
addition onto his house, to the developer who wants to design and build a
subdivision, these guidelines will provide the required procedures to match the
development situation within the Critical Area.

In addition, this publication can be utilized as a prototype for other coastal
counties. Discussions have been held between Anne Arundel County and other
jurisdictions concerning the development and implementation of their individual
Critical Area programs. The document has incorporated several aspects from these
discussions and is structured to assist other local jurisdictions in developing
this same type of publication for their individual local Critical Area Programs.

In order to use the Anne Arundel County Critical Area Development Guidelines, a
property owner should first locate the property in question on the County Critical
Area maps. These maps are available for public review in the Office of Planning
and Zoning. By identifying where a parcel of land is located within the Critical
Area, a property owner can then determine into which of the three land use
classifications the property falls. The three land use classifications as
discussed in Section II include: (1) Intensely Developed Area (IDA); (2) Limited
Development Area (IDA); and (3) Resource Conservation Area (RCA). Section II of
these development guidelines provides the property owner with the Critical Area
Criteria that have been established for that particular land use classification.
Section II also presents the permitted uses and density permitted for each land
use classification.

e
Section III of these development guidelines is the core of the publication,
outlining the Critical Area Program development regulations by the specific type
of developmnt proposed. Section III also provides the appropriate check lists of
information required when making an application for a project.

Section IV, Appendices, provides a list of environmental consultants and
engineers, as well as other sources of information that will aid a property owner
in meeting the Critical Area developmnt regulations.

II. BASIC CRITICAL AREA CRITERIA
W
Once a property owner has identified the Critical Area land use classification
here the property is located, the next step would be to read and study Section
II. This section has been specifically structured to provide a property owner
with the Critical Area Criteria directly related to the particular land use
classification. All major and minor subdivisions, special exceptions, rezonings,
and variances must camply completely with the Critical Area Criteria. Developmnt
or redevelopment on existing legal parcels of land that only require building or
grading permits and that are not affected by specific subdivision plat conditions
must comply with the Critical Area Criteria by land use classification INSOFAR AS
POSSIBLE. Administrative plat changes are subject to the Critical Area Criteria
insofar as possible (see Critical Area Policy #5).

All County projects within the Critical Area must also comply with the Critical
Area Criteria. All State projects within the Critical Area are subject to the
review and approval by the Chesapeake Bay Critical Area Commission. Development
procedures for County and State projects are not included in this document.

BASIC CRITICAL AREA CRITERIA

All land located within the Anne Arundel County Critical Area is categorized into
three land use classifications. These are:

� Intensely Developed Area (IDA)
� Limited Developmnt Area (IDA)
� Resource Conservation Area (RCA)

DEVELOPMENT ACTIVITIES IN THE CRITICAL AREA ON LEGALLY EXISTING LOTS AND LEGALLY
PIATTED PARCELS OF LAND OF RECORD ON OR BEFORE AUGUST 22, 1988, AND THAT HAVE NOT
OTMMISE BEEN SUBJECT TO THE CRITICAL AREA REGULATIONS ARE PERMITTED IF THEY
COMPLY WITH THE CRITICAL AREA CRITERIA WHICH FOLLOWS INSOFAR AS POSSIBLE, AND:
(see Critical Area Policy #10)

� New principal structures, additions or renovations to existing
principal structures, or accessory structures for waterfront lots
excluding in-ground swinning pools are approved by the Office of
Planning and Zoning; (see Critical Area Policies #2, #14)

� An existing forested, vegetated buffer is maintained or shrubs and
ground cover are planted where no buffer exists within the entire
required front yard setback for all zoning districts, but in no case
less than 25 feet in width (RA=40 feet, R1=40 feet, R2=30 feet, R5=25
feet); and (see Critical Area Policy #11)

� The planting in the modified buffer is approved by the Office of
Planning and Zoning prior to issuance of a building permit and a
grading permit if more than 5,000 square feet is graded or disturbed.
(see Critical Area Policies #10, #11)

2 -

INTENSELY DEVELOPED AREA

Permitted uses:
Residential, convercial, industrial, institutional, recreational.

Density permitted:
Whis is the same as the current zoning of the property.

Basic Critical Area Criteria:
Permeable areas shall be established in vege:Fa-tion and innovative development
techniques shall be used to the extent practicable in order to reduce impervious areas
and to maximize areas of natural vegetation.

New development activities and redevelopment shall have pollutant loading reduced by
at least 10% below the level of pollution from the site prior to development.

New development activities and redevelopment within Intensely Developed Areas shall be
undertaken only in accordance with the design manual and technical report titled "A
Framework For Evaluating Ccnpliance With The 10% Rule In The Critical Area," prepared
by the Maryland Office of Environmental

Programs, Department of Health and Mental Hygiene, and the Metropolitan Washington
Council of Governments, and as approved by the Chesapeake Bay Critical Area
Commission. This is explained in Guidance Paper #15, available at the Chesapeake Bay
Critical Area Commission. (See Critical Area Policy #6)

All ccn-putations and data necessary to insure that any development or redevelopment
meets the 10% pollutant reduction requirement shall be provided by the developer to
the Office of Planning and Zoning for approval.
,Offsets permitted by the design manual and technical report referred to above may be
used either onsite or offsite in the same Critical Area watershed to reach the 10%
pollutant reduction requirement subsection.

Development activity shall not cause downstream property, watercourses, channels, or
conduits to receive stormwater runoff at a higher volume or rate than would have
resulted from a 10-year storm were the land in its predevelopment state. (See
Critical Area Policy #1)

All stormwater storage facilities are designed with sufficient capacity to achieve the
water quality goals of this section and to eliminate all runoff caused by the
development in excess of that which would come from the site if it were in its
predevelopment, state. (See Critical Area Policy #1)

There shall be a minimum 100 foot buffer landward from the Mean High Water Line of
tidal waters, tributary streams, and tidal wetlands. The buffer shall be expanded to
include any contiguous, sensitive areas such as steep slopes, hydric soils, or highly
erodible soils and shall include all land within 50 feet of the top of the bank of
steep slopes. Highly erodible soils include those soils with a slope greater than 15%
or those soils with a K value greater than .35 and with slopes greater than 5%. There
shall also be a minimum 25 foot buffer surrounding all nontidal wetlands. (See
Critical Area Policies #19)

Water dependent facilities located in the buffer only in an IDA in the Critical
Area are permitted as a conditional use in a Wl-Industrial Park District, W2-Light
Industrial District, and W3-Heavy Industrial District in accordance with the
following conditions: (See Critical Area Policy #20)

� All sites for such uses or facilities shall conform to the IDA land
classification criteria except as follows:

1. If an applicant submits evidence to the Office of Planning and
Zoning that the buffer cannot be planted on the site, a buffer
exemption may be granted by the Planning and Zoning Officer; and

2. If a buffer exemption is granted, the applicant shall pay to the
County a fee of $1.20 per square foot of buffer area instead of
the required buffer.

� All plans for uses or facilities shall met the following conditions:

1. The activities will not significantly alter existing water
circulation patterns or salinity regimes;

2. Interference with the natural transport of sand will be minimized;

3. The water body on which these activities are proposed has adequate
flushing characteristics in the area; (see EPA publication
Coastal Marina Assessment Handbook)

4. Disturbance to wetlands, submrged aquatic plant beds, or other
areas of important aquatic habitats will be minimized;

5. Adverse impacts to water quality that may occur as a result of
these activities, such as non-point source runoff, sewage
discharge from land activities or vessels, or from boat cleaning
and maintenance operations, are minimized;

6. Shellfish beds will not be disturbed or made subject to discharge
that will render them unsuitable for harvesting;

7. Dredging shall be conducted in a manner and using a method that
causes the least disturbance to water quality and aquatic and
terrestrial habitats in the area immediately surrounding the
dredging operation or within the Critical Area generally;

8. Dredged spoil will not be placed within the buffer or elsewhere in
that portion of the Critical Area that has been designated as a
habitat protection area except as necessary for:

a. Backfill for permitted shore erosion protection measures;

b. Use in approved vegetated shore erosion projects;

C. Placement on previously approved channel maintenance spoil
disposal areas; and

d. Beach nourishment.

8. Interference with the natural transport of sand will be minimized.

4 -

For industrial water dependent facilities located in IDA:

0 Industrial structures shall be set back at least 25 feet from each side
of the property line extension into the water and piers or moorings
that abut a residential lot. Industrail structures shall be located at
least 100 feet for W1 and W2 (150 feet for W3) from side property lines
extended into the water as follows:

0 For property utilizing piers or moorings that abut a residential lot,
the piers and moorings shall be located at least 100 feet (for Wl and
W2, 150 feet for W3) fr(xn a line extended:

1. Perpendicular to the Mean High Water Line of the property at the
intersection of the side lot line with the Mean High Water Line;

2. Perpendicular to the center line of the body of water;

3. Along a line extending the course of the side lot line that
intersects with the Mean High Water Line;

4. Along a line connecting the point of intersection between the side
lot line and the Mean High Water Line with the center of the cove;

5. Along a line that is generally parallel to existing piers located
on adjacent properties.

The number of slips permitted at a cammity marina facility will be the lesser of
the below-listed options:

0 (1) Lots* Slips

up to 15 one slip for each lot

16-40, inclusive 15 slips or 75% of the number
whichever is greater

41-100, inclusive 30 slips or 50% of the number
of lots, whichever is greater

100-300, inclusive 50 slips or 25% of the number
of lots, whichever is greater

Over 300 75 slips or 15% of the number
of lots, whichever is greater

0 (2) One slip for each 50 feet of shoreline in a subdivision that is in
an IDA. **

Fifty percent of the minimum lot size must be in the Critical Area in
order for the lot to be included in the computation of slips, piers, or
mooring buoys to platted lots in the subdivision.

Shoreline of shallow and narrow ponds will not be counted in the
calculation of shoreline length. (See Critical Area Policy #17)

- 5 -

Certain new development or redevelopment activities or facilities because of their
potential for adversely affecting habitats or water quality may not be permitted
in the Critical Area except in Intensely Developed Areas. These activities and
facilities include: non-maritime heavy industry, transportation facilities and
utility transmission facilities, except those necessary to serve permitted uses,
or where regional or interstate facilities must cross tidal waters (utility
transmission facilities do not include power plants) and permanent sludge
handling, storage and disposal facilitiest other than those associated with
wastewater treatment facilities. However, agricultural or horticultural use of
sludge under appropriate approvals and application rates may be permitted, except
in the 100 foot buffer.

New solid or hazardous waste collection or disposal facilities or sanitary
landfills, and the expansion of existing facilities shall not be permitted in the
Critical Area, unless no environmentally acceptable alternative exists outside the
Critical Area. Non-maritim heavy industry, transportation facilities, and
utility transmission facilities (except those necessary to serve permitted uses,
or where regional or interstate facilities must cross tidal waters), permanent
sludge handling and storage and disposal facilities (other than those associated
with wastewater treatment facilities), my be permitted only in Intensely
Developed Areas.

LIMITED DEVELOPMENT AREA

Permitted uses:
Residential, commercial, industrial, institutional, recreational, agricultural.

Density permitted:
The maximum residential density allowed is less than four(4) dwelling units per
acre. The Critical Area overlays the existing zoning; thus, the density allowed
is the one which is the most restrictive. (Example: a parcel of land in TIDA that
is within the Rl zoning district can only be developed at a density of one (1)
dwelling unit per acre.) The maximum camnercial or industrial density permitted
is less than 20 contiguous acres of develoFment.

Basic Critical Area Criteria:
There shall be a minimum 100 foot buffer landward from the Mean High Water Line of
tidal waters, tributary streams, and tidal wetlands. The buffer shall be expanded
to include any contiguous, sensitive areas such as steep slopes, hydric soils, or
highly erodible soils and shall include all land within 50 feet of the top of the
bank of steep slopes. Highly erodible soils include those soils with a slope
greater than 15% or those soils with a K value greater than .35 and with slopes
greater than 5%. There shall also be a minimum 25 foot buffer surrounding all
nontidal wetlands. (See Critical Area Policies #18, #19)

Within IDAs, new and expanded development activities my occur within the buffer
only if:

� The activity is water dependent;

0 The development meets a recognized private right or public need;

� The associated non-water dependent activities are kept outside the
buffer; and

� The project is developed according to Anne Arundel County's approved
Critical Area Program.

Alteration of forest and developed woodland in TIDA's shall meet the following
criteria:

� Up to 20% of the total forest or developed woodland area of a site my
be cleared for development provided that it is replaced on at least an
equal area basis. (See Critical Area Policies #4, #21)

� An additional 10% up to a total of 30% of the total forest or developed
woodland area of a site may be cleared if approved by the Office of
Planning and Zoning, and if replaced, must be replaced by at least one
and one-half times the total area of disturbed forest or developed
woodland. (See Critical Area Policy #4, #21)

0 - 7 -

� If a grading permit was not obtained for any forest or developed
woodland that was cleared or if the clearing allowed exceeded 30%, it
shall be replaced at three times the areal extent of the cleared forest
or woodland.

� In the Critical Area, a performance bond or other security shall be at
a rate of $.40 per square foot of aeral extent to cover all replanting
for two camplete growing seasons.

� All remaining forest or developed woodland shall be maintained through
restrictive covenants or similar instruments that are recorded in the
land records of Anne Arundel County.

� When an area for reforestation is not available on the site, the
developer shall either select an alternative off-site location or shall
pay a fee to the County in accordance with the following: (See Critical
Area Policy #15)

1. For up to 20% of a site that has been cleared of forest or
developed woodland, the fee is $0.40 per square foot of cover
disturbed;

2. For more than 20% of a site that has been cleared of forest or
developed woodland but less than 30%, the fee is $0.60 per square
foot of the total area that has been disturbed; and

3. For any area that contains forests or woodlands that were cleared
in excess of the 30% limitation on clearing permitted in the
Critical Area, or if cleared after the effective date of Bill No.
49-88 without obtaining a grading permit, the fee is $1.20 per
square foot for any area cleared or disturbed.

Forest or developed woodland that is cleared under a forest management plan and
not replanted according to the plan shall be replanted at three times the areal
extent of the cleared area.

Camercial harvesting of trees by selection or by the clear cutting of Loblolly
Pine or Tulip Poplar is permitted with a forest management plan to the edge of
intermittent streams or to within 50 feet of the landward edge of the Mean High
Water Line of tidal waters and perennial tributary streams or to the edge of tidal
wetlands provided:

� That no cutting occurs in areas identified as habitat protection areas;
and

� Cutting does not disturb stream banks or shorelines or create skid
trails, and disturbed areas are replanted or allowed to regenerate.

Small clear cuts of trees that do not significantly affect the flow rate and
volume of water and selective ccomercial timber cutting of trees greater than 16
inches in diameter in nontidal wetlands are permitted if a forest management plan
has been approved by the office of Planning and Zoning and the Maryland Forest,
Park and Wildlife Service through its district forestry board.
is - 8 -

Cutting trees or removing natural vegetation in the buffer is permitted if such
cutting or removal is covered by a forest management plan or a buffer management
plan and when necessary:

o Tb provide access to private piers; or

0 To install or construct a shore erosion protection device or measure or
a water dependent facility that has received all necessary state and
federal permits.

Individual trees nay be cut for personal use if: (See Critical Area Policy #18)

� The cutting does not impair the water quality or existing habitat value
or other functions of the buffer; and

� The trees are replaced on an equal basis for each tree cut.

Individual trees may be removed if approved as part of a buffer management plan if
they are:

0 In danger of falling and causing damage to dwellings or other
structures; or

0 In danger of falling and causing the blockage of streams or accelerated
shore erosion.

In the Critical Area, all forests and woodlands that are replaced shall:

� Have trees with a minimum trunk diameter of at least one and one-half
inches as measured at breast height;

0 Have trees that are at least six feet: high above ground level;

� Include bushes and ground cover; and

� Be replanted only in accordance with a plan approved by the Office of
Planning and Zoning.

If there is no established forest on a development site, the site shall be planted
to provide a forest or developed woodland cover of at least 15%.

Clearing or grading on existing slopes of 15% or greater is prohibited in T-DA
unless:

0 The development is the only effective way to maintain or improve the
existing stability of the slope; and

0 All proposed designs have been approved by the office of Planning and
Zoning.

When developnent activities or the cutting or clearing of trees in forested areas
or developed woodland occurs, corridors of existing forest or woodland vegetation
that connect the largest undeveloped or most vegetated tracts of land within and
adjacent to the site shall be maintained in order to:

� Provide continuity of existing wildlife and plant habitats with
off-site habitats; and

� Insure maintenance of plant and wildlife corridors by the establishment
of conservation easements, restrictive covenants, or similar easements.

Impervious areas shall be limited to 15% of the development site when the proposed
development activity is located in IDA.

New communities may have private piers or cammunity piers, but not both.

The number of slips permitted at a ccnmmity marina facility will be the lesser of
the below-listed options:

o (1) Lots* Slips

Up to 15 One slip for each lot

16-40, inclusive 15 slips or 75% of the number
of lots, whichever is greater

41-100, inclusive 30 slips or 50% of the number
of lots, whichever is greater

100-300, inclusive 50 slips or 25% of the number
of lots, whichever is greater

Over 300 75 slips or 15% of the number
of lots, whichever is greater

0 (2) One slip for each 50 feet of shoreline in a subdivision that is in
a IDA

Fifty percent of the minimum lot size must be in the Critical Area in
order for the lot to be included in the camputation of slips, piers, or
mooring buoys to platted lots in the subdivision.

Shoreline of shallow and narrow ponds will not be counted in the
calculations of shoreline length. (See Critical Area Policy #17)

10 -

RESOURCE CONSERVATION AREA

Permitted uses:
Residential, institutional, rec ional, agricultural, forestry, aquaculture.
(See Critical Area Policy #3)

Density permitted:
The maximum density permitted is one (1) dwelling unit per 20 acres per legal
parcel of land (See Also Additional Critical Area Criteria- Intrafamily
Transfers)

Basic Critical Area Criteria:
There shall be a minimum 100 foot buffer landward from the Mean High Water Line of
tidal waters, tributary streams, and tidal wetlands. The buffer shall be expanded
to include any contiguous, sensitive areas such as steep slopes, hydric soils, or
highly erodible soils and shall include all land within 50 feet of the top of the
bank of steep slopes. Highly erodible soils include those soils with a slope
greater than 15% or those soils with a K value greater than .35 and with slopes
greater than 5%. There shall be a minimum 25 foot buffer surrounding all nontidal
wetlands. (See Critical Area Policies #18, #19)

Alteration of forest and developed woodland in RCAs shall meet the following
criteria:

� Up to 20% of the total forest or developed woodland area of a site may
be cleared for development provided that it is replaced on at least an
equal area basis. (See Critical Area Policies #4, #21)

� An additional 10% up to a total of 30% of the total forest or developed
woodland area of a site may be cleared if approved by the office of
Planning and Zoning, and if replaced, must be replaced by at least one
and one-half times the total area of disturbed forest or developed
woodland. (See Critical Area Policies #4, #21)

� In the Critical Area, a performance bond or other security shall be at
a rate of $.40 per square foot of areal extent to cover all replanting
for two ccuplete growing seasons.

� All remaining forest or developed woodland shall be maintained through
restrictive covenants or similar instruments that are recorded in the
land records of Anne Arundel County.

1. For up to 20% of a site that has been cleared of forest or
developed woodland, the fee is $0.40 per square foot of cover
is disturbed;
2. For more than 20% of a site that has been cleared of forest or
developed woodland but less than 30%, the fee is $0.60 per square
foot of the total area that has been disturbed; and

Forest or developed woodland that is cleared under a forest management plan and
not replanted according to the plan shall be replanted at three times the areal
extent of the cleared area.

C(mmrcial harvesting of trees by selection or by the clear cutting of Loblolly
Pine or Tulip Poplar is permitted with a forest management plan to the edge of the
intermittent streams or to within 50 feet of the landward edge of the Mean High
Water Line of tidal waters and perennial tributary streams or to the edge of tidal
wetlands provided:

� That no cutting occurs in areas identified as habitat protection areas;
and

� Cutting does not disturb stream banks or shorelines or create skid
trails, and disturbed areas are replanted or allowed to regenerate.

Small clear cuts of trees that do not significantly affect the flow rate and
volume of water and selective ccnvercial timber cutting of trees greater than 16
inches in diameter in nontidal wetlands are permitted if a forest management plan
has been approved by the Office of Planning and Zoning and the Maryland Forest,
Park and Wildlife Service through its district forestry board.

Cutting trees or remving natural vegetation in the buffer is permitted if such
cutting or removal is covered by a forest management plan or a buffer management
plan and when necessary:

0 To provide access to private piers; or

0 To install or construct a shore erosion protection device or measure or
a water dependent facility that has received all necessary state and
federal permits.

Individual trees may be cut for personal use if: (See Critical Area Policy #18)

� The cutting does not impair the water quality or existing habitat value
or other functions of the buffer; and

� The trees are replaced on an equal basis for each tree cut.

12 -

Individual trees may be removed if approved as part of a buffer management plan if
they are:

0 In danger of falling and causing damage to dwellings or other
structures; or

0 In danger of falling and causing the blockage of streams or accelerated
shore erosion.

In the Critical Area, all forests and woodlands that are replaced shall:

0 Have trees with a minimum trunk diameter of at least one and one-half
inches as measured at breast height;

0 Have trees that are at least six feet high above ground level;

0 Include bushes and ground cover; and

0 Be replanted only in accordance with a plan approved by the Office of
Planning and Zoning.

If there is no established forest on a development site, the site shall be planted
to provide a forest or developed woodland cover of at least 15%.

Clearing or grading on existing slopes of 15% or greater is prohibited in RCA
unless:

� The development is the only effective way to maintain or improve the
existing stability of the slope; and

� All proposed designs have been approved by the Office of Planning and
Zoning.

When development activities or the cutting or clearing of trees in forested areas
or developed woodland occurs, corridors of existing forest or woodland vegetation
that connect the largest undeveloped or most vegetated tracts of land within and
adjacent to the site shall be maintained in order to:

� Provide continuity of existing wildlife and plant habitats with
off-site habitats; and

� Insure maintainence of plant and wildlife corridors by the
establishment of conservation easements, restrictive covenants, or
similar easements.

Impervious areas shall be limited to 15% of the development site when the proposed
development activity is located in RCA.

New institutional uses located in RCAs in the Critical Area are permitted if each
use conforms to all requirements of the RCA land use classification requirements
and only in accordance with the following:

0 Each proposed use shall be reviewed by the Office of Planning and
Zoning to determine if the proposed use is consistent with the Critical
Area RCA classification and to assure ccrnpliance with the County's
Critical Area Program;

0 Before a use may be approved, the Office of Planning and Zoning shall
be provided with a report that demonstrates that the proposed use
fulfills a public or ccmmunity need or purpose and that the use is in
conformance with the objectives of the County's Critical Area Program;
and

0 A use may only be approved if the Of fice of Planning and Zoning finds
that the use:

1. Conforms to the County's Critical Area Program; and

2. Will not impair water quality or have an adverse impact upon
plant, fish, and wildlife habitat.

New communities may have private piers or ccmmnity piers, but not both.

The number of slips permitted at a cammnity marina facility will be the lesser of
the below-listed options:

o (1) Lots* Slips

Up to 15 one slip for each lot

16-40, inclusive 15 slips or 75% of the
number of lots, whichever is greater

41-100, inclusive 30 slips or 50% of the
number of lots, whichever is greater

101-300, inclusive 50 slips or 25% of the
number of lots, whichever is greater

Over 300 75 slips or 15% of the
number of lots, whichever is greater

0 (2) One slip for each 300 feet of shoreline in a subdivision that is
in a RCA

Fifty percent of the minimum lot size must be in the Critical Area in
order for the lot to be included in the camputation of slips, piers, or
mooring buoys to platted lots in the subdivision.

14 -

Shoreline of shallow and narrow ponds will not be counted in the
calculation of shoreline length. (See Critical Area Policy #17)

Expansion of existing commercial marinas and commercial maritime facilities may be
permitted in RCAs only if it can be proven that the expansion will result in a net
improvement in water quality at or leaving the marina site.

Noncommercial facilities such as research areas, public beaches, and shoreline
access parks are permitted in RCAs.

15 -

ADDITIONAL CRITTCAL AREA CRITERIA

o Intrafamily Transfers:

A parcel of land located in a Resource Conservation Area may be subdivided
through the intrafamily transfer process and only if the following
conditions are met:

1. The subdivision conveys only one parcel of land per immediate family
member (father, mother, son, daughter, grandson, granddaughter).

2. The parcel of land to be subdivided was legally of record on March 1,
1986 and is seven (7) acres or more and less than 60 acres in size.

3. A parcel that is seven (7) acres or more and less than 12 acres in size
may be subdivided into two (2) lots.

4. A parcel that is 12 acres or more and less than 60 acres in size may be
subdivided into three (3) lots.

5. Each lot created shall be at least two (2) acres and it shall meet RCA
development criteria, including a Critical Area report and habitat
assessment.

6. As conditions of approval, the Planning and Zoning Officer shall
require that any deed for a lot that is created by a bona fide
intrafamily transfer shall contain a covenant or restriction stating
that the lot is created subject to the following provisions:

a. A lot created by a bona fide intrafamily transfer may not be
conveyed subsequently to any person other than a mmber of the
owmer's immediate family for a period of five years from the date
of the original transfer; and

b. The conveyance of an intrafamily transfer lot to any person other
than the owner's immediate family after the five year period may
occur only on the approval of the Planning and Zoning Officer, who
shall find that:

0 A change in circumstances has occurred since the
original transfer was made that is not inconsistent with
the intrafamily transfer program and warrants an
exception;

16 -

� Other circumstances are present and the property can no
longer be retained by the inviediate family; and

� The conveyance would not be inconsistent with the
Critical Area Criteria that support the protective use
and nature of the RCA.

7. The provisions of this section shall not prohibit the conveyance of an
interest in a lot or parcel of land created through the intrafamily
transfer procedure to a third party as security for a mortgage or deed
of trust.

o Steep Slopes:

1. DeveloFmnt on slopes of 15% or greater measured before developuent is
not permitted in IDAs and RCAs within the Critical Area, unless the
project is the only effective way to maintain or inprove the stability
of the slope, and all proposed designs have been approved by the Office
of Planning and Zoning.

2. A construction area of 15 feet shall be established around all
structures and all proposed disturbance areas such as utilities, septic
systems, stockpiles, decks, etc., and these construction areas must be
shown on all plans. (See Critical Area Policy #13)

3. If the 15% or greater slopes are within or contiguous to the 100 foot
buffer to the tidal waters and tidal wetlands or the expanded buffer,
there must be a 50 foot undisturbed buffer plus the 15 foot
construction setback. This should be shown on all plans.

4. If the 15% or greater slopes are not within or contiguous to the 100
foot buffer or the expanded buffer, there must be no disturbance to
15-24% slopes and there must be a 25 foot buffer to 25% or greater
slopes. There must be a 15 foot construction area shown outside the
buffer and adjacent to all slopes 15% or greater on all plans.

o Water Dependent Facilities:

1. Comnercial water dependent fisheries and their facilities which may
include structures for crab shedding, fish off-loading docks and
shellfish operations are permitted in all three Critical Area land use
classifications.

2. New water dependent facilities shall be located in a manner that will
prevent disturbance to sites of significance to wildlife, such as
historic aquatic staging and concentration areas of waterfowl.

17 -

o Shoreline Erosion Controls: (See Critical Area Policy #16)

1. All shoreline erosion protection works are subject to the
following provisions:

� The location and design of the structures, if located in
tidal wetlands, shall be approved by the Maryland Department
of Natural Resources;

� The composition of fill materials shall be acceptable to the
Anne Arundel Soil Conservation District and the Maryland
Department of Natural Resources;

� Groins and fill material may not extend beyond the natural
shoreline at Mean Low Water and shall tie into the structure
or shoreline of adjoining properties;

� Structures built parallel to the shoreline may not extend
beyond the natural shoreline at Mean High Water except to
achieve a stable slope behind the structure;

� Natural drainage areas may not be obstructed, and the design
of each shore erosion protection work shall provide for the
passage of water and be approved by the County Department of
Public Works;

� The applicant shall obtain a grading permit and comply with
Article 21, Title 2 of the County Code for all aspects of the
project;

� The applicant shall obtain a building permit for any
structure included in the project;

� Each application shall include the average annual shoreline
erosion rate;

� Vegetation shall be used for erosion control, if feasible; and

� If it is demonstrated. that vegetation will not be an
effective means of erosion control, an alternative may be
used in the following order of preference:

- sand fill for beach replenishment or establishment;

- riprap and materials similar to riprap that are composed of
loose, permeable components; or

- bulkhead or similar structural control measures;

� Existing damaged bulkheads and walls may be replaced with new
bulkheads within 18 inches of the old structure without
regard to the priority ranking listed above;

- 18 -

� A buffer management plan shall be submitted to and approved
by the Office of Planning and Zoning before any trees are
cleared along the shoreline to increase sunlight for
vegetation used in erosion control;

� Structural measures for erosion control may be used if the
applicant demonstrates to the County that nonstructural
measures are not feasible at the site and the average annual
erosion rate is at least two feet per year; and

� If the average annual erosion rate is less than two feet,
only nonstructural measures may be used to control erosion.

� Dredging: (See Critical Area Policy #17)

1. Except maintenance dredging of existing channels and basins that
have been previously dredged, dredging of shallow water habitat in
areas of less than three feet at Mean Low Water is not permitted
unless approved by the appropriate state and federal agencies.

2. Dredged spoil shall not be placed in an area within the Critical
Area that has been designated as a habitat protection area except
if necessary for:

� Backfill for permitted shore erosion protection measures;

� Use in approved vegetated shore erosion protection projects;

0 Placezent on previously approved channel maintenance spoil
disposal areas; or

� Beach nourishment.

� Agricultural Protection: (See Critical Area Policy #19)

1. By May 13, 1991, all farms within the Critical Area must have in
place and be implementing a currently approved Soil Conservation
and Water Quality Plan approved by the Anne Arundel Soil
Conservation District.

2. Soil Conservation and Water Quality Plans shall include:

� Provisions for the protection of existing habitat areas;

� Preservation of existing hedqeraws as wildlife corridors; and

� Protection of natural vegetation on steep slopes, hydric
soils, and highly erodible soils in areas contiguous to the
100 foot buffer.

19 -

3. Landowners who have signed up as Conservation District
cooperators, but do not have a conservation plan developed, shall
be allowed to continue farming until they get a conservation plan
developed. Until a plan can be developed, the landowners are
encouraged to follow these practices:

� Proper nutrient application rates;

� Appropriate timing of nutrient application;

� Appropriate method of nutrient application;

� Reduced tillage practices;

� Crop rotations; and

� Cover crop.

4. Best management practices will be incorporated into the
landowner's Soil Conservation and Water Quality Plan.

5. Best management practices shall include a requirement for the
implementation of a grassland and a manure management program
where appropriate.

6. Feeding or watering of livestock may not be permitted within 50
feet of the Mean High Water Line of tidal water and tributary
streams, or from the edge of tidal wetlands, whichever is further
inland.

7. Natural vegetation may not be cleared within 100 feet of the Mean
High Water Line, tributary streams, and tidal wetlands.

8. If natural vegetation does not exist within 100 feet of the Mean
High Water Line, then a 25 foot vegetated filter strip measured
landward from the Mean High Water Line of tidal waters or
tributary streams (excluding drainage ditches) or from the edge of
tidal wetlands, whichever is further inland, must be established.

9. The filter strip shall be ccniposed of either trees with a dense
cover, or a thick sod of grass, and it shall be managed so as to
provide water quality benefits and habitat protection consistent
with the County's Critical Area Program.

10. The filter strip shall be expanded by a distance of 4 feet for
every 1% of slope, for slopes greater than 6%.

11. The 25 foot vegetated filter strip shall be maintained by the
landowner until he is implementing a program of best management
practices as part of his approved Soil Conservation and Water
Quality Plan, provided that the plan achieves the same water
quality and habitat protection objectives as the filter strip.
0 - 20 -

12. Farming activities, including the grazing of livestock, shall not
disturb stream banks, tidal shorelines or other habitat protection
areas as described in the Habitat Protection Element of the
County's Critical Area Program.

13. Animal feeding operations, including retention and storage ponds,
feed lot waste storage, and manure storage shall minimize the
contamination of water bodies.

14. New agricultural land cannot be created:

� By diking, draining or filling any class or subclass of
palustrine wetlands which have a seasonally flooded or wetter
water regime unless mitigation is accomplished. Mitigation
measures shall provide water quality benefits and plant and
wildlife habitat equivalent to the wetland destroyed or
altered and shall be acccmplished, to the extent possible,
onsite or near the affected wetland. The Anne Arundel Soil
Conservation District, with the assistance of the Department
of Natural Resources, will determine whether the mitigation
plan accouplishes the above objectives. Drainage of nontidal
wetlands for the purpose of agriculture shall be done in
accordance with a Soil Conservation and Water Quality Plan
approved by the Anne Arundel Soil Conservation District;

� By clearing of forests or woodland on soils with a slope
greater than 15% or on soils with a "K" value greater than
.35 and a slope greater than 5%; and

� If the clearing will adversely affect water quality or will
destroy plant and wildlife habitat.

15. If agricultural operations that are located within 100 feet of the
shoreline cease, and the land is converted to other uses, a
minimum 100 foot buffer shall be established.

o Mineral Resources:

1. Sand and gravel operations and borrow pits cannot be located in
the following:

� Areas of important natural resources such as threatened and
endangered species, areas of tidal and nontidal wetlands,
areas of scientific value, or areas where rare assemblages of
species occur as discussed in the Habitat Protection Element;

� Areas where highly erodible soils exist;

� Areas within the buffer or within 100 feet of the Mean High
Water Line of tidal waters or the edge of stream; and

- 21 -

0 Areas where the use of renewable resource lands would result
in the substantial loss of long range (that is, 25 years or
more) productivity of forest and agriculture, or would result
in a degrading of water quality or a loss of vital habitat.

2. Sand and gravel operations and borrow pits located in the Critical
Area shall obtain approval of a reclamation plan with a
reforestation section that includes phasing of reclamation,
acreage involved and time frame of each phase, a planting plan for
reforestation, and the identity of all proposed post excavation
uses of the site.

3. The planting plan for restoration will include planting trees to
the extent that existed prior to excavation, but in no event less
than 50% of the mined area if the site was less than 50% forested
prior to mining.

4. A 100 foot natural vegetated buffer shall be provided between the
operation and the Mean High Water Line of tidal waters or the
edges of streams and the landward edge of tidal wetlands and the
100 foot buffer shall be expanded to include:

� Any contiguous sensitive areas such as steep slopes, hydric
soils, or highly erodible soils whose development or
disturbance may impact streams, wetlands, or other aquatic
environments; and

� A buffer of at least 50 feet from the top of a bank of
contiguous slope of 15% or greater.

5. wash plants including ponds, spoil piles, and equipment shall not
be located in the buffer.

6. A 25 foot natural vegetated buffer shall be provided between the
operation and nontidal wetlands.

7. Operators of sand and gravel operations and borrow pits shall
locate and identify the significant historical and archaeological
resources on the site prior to the excavation. Surface mining
shall only be allowed after documentation and retrieval of
information, including artifacts, has been conducted according to
standards set by the office of Planning and Zoning.

o Habitat Protection: (See Critical Area Policy #21)

1. Plant and wildlife habitats that shall be protected in the
Critical Area include:

0 Nontidal wetlands;

- 22 -

� Colonial water bird nesting sites;

� Historic waterfowl staging and concentration areas in tidal
waters, tributary streams, or tidal and nontidal wetlands;

� Existing riparian forests, such as relatively mature forests
that are at least 300 feet in width located adjacent to
streams, wetlands, or the Bay shoreline and are documented
breeding areas;

� Forest areas such as relatively mature forested areas of 100
acres or more within the Critical Area, or forest connected
with such areas utilized as breeding areas by forest interior
dwelling birds and other wildlife species;

� Other areas that in the future are identified by state and
federal agencies as important plant or wildlife habitat areas;

� Other plant and wildlife habitats that are of local
significance as determined by the habitat assessment
methodology on reccmmendation by the office of Planning and
Zoning and the Maryland Department of Natural Resources; and

� Natural heritage areas.

2. Plant and wildlife habitats in IDA, IDA, and RCA shall be
protected in accordance with the following:

� A minimum 25 foot buffer shall be provided adjacent to
nontidal wetlands;

� Buffer areas at least 50 feet wide shall be established for
colonial water bird nesting sites to protect these sites from
the adverse inpacts of development activities and from
disturbance during the breeding season;

� A habitat assessment in accordance with the habitat
assessment manual and a breeding bird survey as outlined in
the "Maryland and D.C. Breeding Bird Atlas Project Handbook
1983-1987" shall be supplied for forested areas that support
wildlife species and are utilized as breeding areas;

� The habitats of threatened and endangered species in need of
conservation and habitats of local significance shall be
protected using the advice and expertise of the Maryland
Natural Heritage Program, the Maryland Forest, Park and
Wildlife Service, and other appropriate public agencies and
private organizations;

23 -

0 If there are development activities or the cutting or
clearing of trees, a wildlife corridor system to connect the
largest undeveloped or most vegetated tracts of land within
and adjacent to the site shall be maintained to provide
continuity of existing wildlife and plant habitats;

0 New water dependent facilities shall be located in a manner that
will prevent disturbance to sites of significance to wildlife,
such as historic aquatic staging and concentration areas for
waterfowl; and

0 Natural Heritage Areas shall be protected from alteration by
developTent activities or the cutting or clearing of trees so
that the structure and species composition of the areas are
maintained and shall be subject to the prior approval of the
Office of Planning and Zoning and the Maryland Department of
Natural Resources.

3. Any activity that significantly in-pacts any watershed within the
Critical Area that drains into anadromous fish spawning streams is
not permitted and anadramous fish propagation waters and their
watersheds shall be protected in accordance with the following:

� The installation or introduction of concrete riprap or other
artificial surface onto the bottom of natural streams is not
permitted unless it can be demonstrated to the Office of
Planning and Zoning that water quality and fisheries habitat
can be improved;

� Roads, bridges, or utilities my not be located in any
designated habitat protection area unless there is no
feasible alternative and tree canopy shall be retained, to
the maximum extent possible, to maintain stream water
tenperature within normal variation;

� Channelization. or other physical alterations that may
significantly change the course or circulation of a stream
and the movement of fish is not permitted; and

� Construction, repair, or maintenance activities associated
with bridges or other stream crossings or with utilities and
roads that involve disturbance within the buffer or that
occur instream are not permitted between March 1 and June 15
of each year.

4. If habitats are designated for protection, conservation
alternatives for the sites must be determined, protection measures
indicated, and building restriction lines and notes must be
specified on plats.

24 -

CRITICAL AREA POLICIES

1. Stormwater Management

"Developwnt activity shall not cause downstream property,
watercourses, channels, or conduits to receive stormwater runoff at a
higher volume or rate than would have resulted from a 10-year stonn
were the land in its predevelopment state.

All stormwater storage facilities are designed with sufficient capacity
to achieve the water quality goals of this section and to eliminate all
rLmoff caused by the develoFment in excess of that which would come
from the site if it were in its predeveloFment state."

These two aspects dealing with stormwater management are, by State law,
required criteria under the IDA and RCA land use classifications and
not the IDA land use classification. These have been implemented
correctly by the County, and will be removed from the IDA criteria in
Bill 49-88 and placed under the IDA and RCA criteria within the
upcoming amendments to the bill.

2. In-ground Pools

In-ground pools are not permitted within the 100-foot buffer; they my
be allowed beyond the buffer in the front yard and rear or side yards
if they are not proposed to be placed on steep slopes or in wetlands.

3. RCA Uses

Expansion of existing commercial and industrial uses within RCA must
meet the criteria insofar as possible. However, the expansion will not
be allowed to increase the 15% impervious coverage if the existing use
currently exceeds the 15% limitation.

New commercial and industrial uses within RCA must fully comply with
all of.the RCA criteria.

4. Woodland Clearing Within IDA and RCA

Up to 20% clearing will be allowed for residential uses on sewer.

Up to 30% clearing will be allowed for residential uses on septic and
for commercial and industrial uses.

5. Administrative Plats

Lots created through the administrative plat process will be considered
as legally platted parcels prior to the effective date of Bill-49-88
and, therefore, subject to the criteria insofar as possible. Building
and grading permits for these lots are subject to the criteria insofar
as possible. Where new waterfront lots are created, the subdivision is
subject to comply with all of the criteria under the property's land
use classification.

25 -

6. 10% Pollutant Reduction Rule Within IDA

Major subdivisions must meet the 10% pollutant reduction rule as
described in Guidance Paper #5.

Minor subdivisions only: if it is not feasible to do 10% pollutant
reduction onsite, the applicant must address the nearest outfall or
other modification for restoration, retrofit or other means as
permitted or approved by the Department of Public Works (DPW) . This
work shall be acccimplished after DPW approval is obtainedf prior to the
release of any permits and the work is bonded prior to subdivision
approval.

In lieu of meting the criteria for IDA regarding stormwater management
and the 10% pollutant reduction, individual legal lots subject to
building permits, grading permit and variances can choose to meet the
stormwater management criteria under IDA.

7. Grading Permits

Revisions to permits originally applied for before August 22, 1988,
will not be subject to the Critical Area Criteria.

8. Lots Partially in the Critical Area

Lots which are partially in the Critical Area, where the disturbance is
proposed outside of the Critical Area, are not subject to the Critical
Area Criteria for the area of disturbance.

9. Subdivisions Reviewed Under Interim Critical Area Criteria

These subdivisions are not subject to full ccopliance to the Critical
Area Criteria or ccimpliance to the criteria insofar as possible. These
subdivisions are subject to all conditions noted on the plat, final
developmnt plan and/or findings letter.

10. Existing Legal Lots

Building and grading permits are subject to the Critical Area Criteria
insofar as possible.

In addition, there is a policy regarding stormwater management on
existing legal lots which do not require a grading permit and/or which
were not subject to Critical Area plat notes. It is to allow them to
be subject to the existing stormwater management ordinance
requirements. Lots which are exempt under the ordinance would be
exempt from Critical Area requirements as long as no grading permits
were needed and no plant notes were required.

- 26 -

Exemptions listed are:

1. development that does not disturb more than 5,000 square feet;
2. certain agricultural activities; 3. additions to
existing residential structures;
4. those activities regulated under State law;
5. subdivisions, lots or permits accepted before August 29,
1989; and
6. single family residential development on lots of two acres or
more.

11. Existing Legal Waterfront Lots

Building permit applications for construction of wooden decks of 300
square feet or less will not require a planting plan for a n-odified
buffer. However, decks or other non-water dependent structures will
still not be allowed to be constructed in the n-cdified buffer area.

Building permit applications that require the planting of a modified
buffer, but propose to disturb less than 5,000 square feet will still
require an approved planting plan, but will not require a bond or
irrevocable letter of credit or any other form of security for the
required buffer.

12. Road Improvements, Right-of-Way Acquisitions and Widenings

If part of the property to be developed, it counts toward the clearing
allowed and reforestation is the responsibility of the developer.

If it is already a dedicated right-of-way, it is to meet criteria
insofar as possible. It is the obligation of the developer to
reforest, but it does not count as part of the developer's clearing.

13. Construction Area

A 15-foot construction area must be provided around all structures and
disturbance that are adjacent to buffers or woodland that are required
to be preserved.

14. Accessory Structures in the Buffer (Excluding Swinning Pools)

Non-water dependent accessory structures not in the modified buffer are
permitted in the buffer if there is not feasible alternative, as long
as less than 300 square feet of clearing is required.

15. Reforestation

Existing legal lots will be charged $0.40 per square foot unless it is
mass graded.

The fee shall be paid with a cashier's check, a certified check, a
letter of credit or a bond.
0 - 27 -

16. Shoreline Erosion

To provide greater flexibility in lieu of the two feet of erosion per
year, the Office of Planning and Zoning will use a three-method
priority ranking as adjusted by field conditions.

17. Dredging

No dredging of shallow water is allowed when it measures less than
three feet at Mean Low Water.

18. Tree Cutting

Any cutting or disturbance in the buffer requires a Buffer Management
Plan.

Clearing or disturbing 5,000 square feet or more requires a grading
pen-nit.

19. Tributary Streams

A maintained agricultural or storm drainage ditch does not require a
buffer.

20. Heavy Maritime Uses in Wl, W2, and W3 in IDA

Water dependent facilities in zoning districts Wl, W2 and W3 are
permitted to locate in the buffer in TDA as well as in IDA within the
Critical Area.

21. Forest Interior Dwelling Birds

In general, riparian forests 300 feet in width or wider and upland
forests of at least 100 acres are likely to support these bird species.

The following is a list of protection measures to be considered in
conserving these forests habitats:

1. Minimize the disturbance during the May through August breeding
season;

2. Focus development/disturbance on the periphery of the forest or
along existing roads or in already cleared areas;

3. Retain the forest community (e.g., do not allow removing the
understory or shrub layers);

4. Retain snags (if located where their falling would not damage
structures);

- 28 -

5. Discourage opening small clearings or otherwise fragmenting the
0 forests;
6. Discourage the expansion of the forest edge habitat (i.e.,
minimize right-of-way corridors and roads through the forest); and

7. Restrict recreational use and unleashed pets.

0 - 29 -

III. DEVELOPMENT REQUIREMENTS

In the previous section, a property owner was able to learn about the
criteria or regulations governing development within the Critical Area.
This next section presents the steps a proposed project will go through
before development can occur. The steps presented identify the information
a property owner must supply in the application process as well as how the
project is reviewed for compliance with the Criteria for its particular land
use classification. Due to the fact that developmentsites differ in
physical characteristics and each proposed project can be unique, it is the
intent of this section to present the basic steps in the development process
and not the ultimate solutions for developing within the Critical Area.
(See Critical Area Policies #5, #7, #8, #9, #10, #11, #12, #14, #15, #20 #21)

APPLICATION FOR A RESIDENTIAL AND COMMEWIAL BUILDING PERMIT ON A LEGALLY
EXISTING WATERFRONT LOT

APPLICATION FOR A RESIDENTIAL AND COPVERCIAL BUILDING PERMIT FOR EXPANSION
ON A LEGALLY EXISTING WATERFRONT LOT

� The owner of the property must apply for a building permit at the
Permit Application Center (PAC). When the property owner goes to PAC,
he/she will receive a building permit application, and if the property
in question is located within the Critical Area, the PAC technician
will also provide the applicant with a Critical Area information
checklist and instructional packet. The checklist is a list of
information the applicant is required to provide concerning the natural
features that currently exist on the applicant's property. The
Critical Area information must be submitted with the completed building
permit application. If the property owner will be clearing or
disturbing 5,000 square feet or more, then he/she must also apply at
the same time for a grading permit at PAC. PAC will then send the
application and accompanying Critical Area information to the
Environmental and Special Projects Division (ESP) within the Office of
Planning and Zoning for Critical Area Program review. (The Critical
Area information checklist is presented on the next page).

� To build a house on a legally existing waterfront lot, the owner of the
property must comply with the Critical Area Criteria insofar as
possible. The Environmental Planner reviewing the building permit
application will place emphasis on three major points. These are:

- A 25-100 foot vegetated buffer must be shown on the lot to be
planted within the entire required front yard setback along the
water. (The size depends on the zoning district front yard
setback requirement.);

- Trees that are cut and cleared for construction are shown on the
lot as well as the areas where the same number of trees cut will
be planted. If replanting cannot be done on the lot, the owner of
the property must show his compilation of the total amount for
fee-in-lieu to be paid; and

- The percent of impervious coverage.

� The Environmental Planner will also review the building permit to
determine what kind of impact the proposed development may have on
steep slopes and wetlands that exist on the lot. If there are wetlands
on the site, it may be necessary for the property owner to obtain State
and Federal permits.

� To build an addition to a house on a legally existing waterfront lot,
the owner should propose if possible, to locate the addition in the
side yard or back yard (away from, the water).

CRITICAL AREA INFOPMATION REQUIRED FOR
BUILDING PERMITS IN ANNE APUNDEL COUNTY

For new single family dwellings, additions, garages, decks or any type of
structure:

1. Applicant's name and telephone number.

2. owner's name and telephone number.

3. Lot location:
a. Vicinity map
b. Tax map, block, parcel and lot
c. Street address
d. Subdivision

4. Acreage of lot and Critical Area classifications (RCA, IDA, IDA).

5. On a site plan drawn to scale, please show:
a. Steep slopes (15% or greater) (25% and greater)
b. Existing vegetation (trees, shrubs and ground cover)
c. Existing tree line if wooded
d. Floodplain elevation as shown on FEMA map or on
subdivision plat
e. All proposed disturbance
f. Wells, septic, driveway and any structures
g. Stormwater management concepts and location

6. A brief description of the proposed development. If any woody
vegetation is to be removed, please describe the species and
square footage of the vegetation to be removed.

7. Reforestation plan for woodland clearing.

If any woody vegetation is proposed to be removed, the applicant
has two options:

a. Reforestation Plan - The applicant must submit a detailed
site plan showing the area to be replanted onsite or offsite
in the Critical Area, the species used and square footage of
replacement area. The plan must be acccupanied by a
Campletion Bond or Irrevocable Letter of Credit in the amount
of $0.40 a square foot for replacement area. An easement or
similar instrument must protect the replanted area.

b. Pay fee-in-lieu of replacement at $0.40 a square foot for the
area cleared. The fee-in-lieu money goes directly into a
reforestation fund for planting trees in the Critical Area in
the County. A cashiers check or certified check is required
payable to Anne Arundel County.
0 - 3 -

8. Vegetated buffer requirements:

Anyone applying for a waterfront building permit on existing legal
lots and where a buffer along the water 25'-40' indepth does not
already exist must prepare a Buffer Planting Plan. This plan must
be accompanied by a bond for the square footage planted. Buffer
planting guidelines and bond forms are provided.

Classification maps and FEMA maps are available at the office of
Planning and Zoning, Environmental and Special Projects. If you
have any questions, please call 280-1270.

BUIIDING SHORE EROSION CONTROL PROJECTS ON A IMATLY EXISTING
WATFWWNT LOT

0 The preferred method of shore erosion control in Anne Arundel County is
vegetation. If it is demonstrated that vegetation will not be an
effective means of erosion control, an alternative method may be used
in the following order of preference:

1. Sand fill for beach replenishment or establishment;

2. Riprap and materials similar to riprap that are ccniposed of
loose, permeable components; or

3. Bulkhead or a similar structural control method.

The Criteria for choosing a method will be based on a site's specific
factors including height and camposition of bank, width of water body,
boat wakes, character of adjoining shorelines, and ease of construction
access. This preference is based on findings that bulkheads cause
scouring of nearshore waters by reflecting waves and, also, toxic
chemicals used in wood preservatives slowly leach from wood bulkheads.
New bulkheads within 18 inches in front of existing deteriorated
bulkheads are permitted; however, placement of riprap in front of old
bulkheads may provide better long@term protection.

0 #1 - Sandfill method may require a County grading permit, but will
definitely require State and Federal permits. #2 - Riprap method will
require a County building permit, a County grading permit, and State
and Federal permits. #3 - Bulkheads require a County building permit,
a County grading permit, and State and Federal permits.

0 A person proposing to undertake a shore erosion control project shall
follow these procedures:

1. Prior to applying for County, State and Federal permits and
approvals, the person shall fill out the form at the end of
Section III and send it with a location map and sketch of the
proposed works to the Environmental and Special Projects Division
of the Office of Planning and Zoning (P&Z).

2. If the information is reasonably complete and understandable, P&Z
will prcoptly review the proposed works for consistency with the
County Critical Area Program:

a. If the project is found to be consistent (and appears to be
unlikely to run into problems with the State and Corps), P&Z
will send the applicant a letter certifying the project.

b. If the project is not consistent, P&Z will send the
applicant a letter stating the reasons why and suggesting
alternatives for shore erosion protection.

Once the applicant has received from P&Z a letter certifying
that the project would be consistent with the County Critical
Area Program, the applicant will then apply to the State and
Corps of Engineers (using their Joint Application Form), and
apply to the County's Permit Application Center (PAC) for the
appropriate building and/or grading permit. PAC will advise
which permits are required. A copy of P&Z's certification
letter should be submitted with both applications.

- 5 -

3. The Anne Arundel Soils Conservation District (SCD) will review the
grading permit (if required) to insure the sediment control
measures are acceptable.
Once State and Corps permits and licenses have been received and
the SCD has approved the grading plan, the PAC can issue the
building and/or grading permits without further review.

� Before any trees are cleared from the property, either to build a
bulkhead or to increase sunlight for vegetation planted to be used for
erosion control, the applicant must submit a buffer management plan to
be approved by the Environmental and Special Projects Division of P&Z.

� The owner of a property proposing to use riprap or to build a bulkhead
or other structural shore erosion methods must apply for a building
permit at the County Permit Application Center (PAC). Once PAC
processes the application, it is then sent to the office of Planning
and Zoning, the Anne Arundel Soil Conservation Service, and other
County agencies for review.

� The Permit Technician within PAC then sends the application to the
Enviromental and Special Projects Division (ESP) within the Office of
Planning and Zoning for review under the Critical Area Criteria.

� The Environmental Planner in ESP reviewing the bulkhead permit
application will generally not approve the permit if the property in
question has an erosion rate of less than two feet per year. The
reviewer will first recamiend vegetation or a nonstructural shore
erosion technique where it would be feasible; the reviewer's second and
third recammendations would be riprap and gabions respectively.

� If the property currently has bulkheads adjacent to it on either side,
then the environmental planner usually approve the building permit
unless it is a prime candidate for vegetation.

� If the application for a building permit is for the replacement within
18 inches of an existing bulkhead, the envirormental planner will
imiediately approve the permit.

� Before any trees are cleared frcm the property either to build a
bulkhead or to increase sunlight for vegetation planted to be used for
erosion control, the applicant must submit a buffer management plan to
be approved by ESP.
� A grading permit required for the types of shore erosion methods
mentioned above shall be obtained from the Permit Application Center
(see page in this publication).

6 -

BUIIDING A RESIDENTIAL PIER ON A LEGALLY EXISTING
WATERFRONT LOT

� The owner of the property must apply for a building permit at the
Permit Application Center (PAC).

� At PAC, the Permit Technician reviews the application to assure the
proposed structure(s) nieets the proper setback requirements
specifically for piers.

� A building permit for a residential pier is only reviewed by the
Critical Area Project Review Team in the Enviromental and Special
Projects Division (ESP) within the Office of Planning and Zoning if the
proposed pier is adjacent to a large wetland area, if it encroaches
upon a large wetland area, or if a variance is required.

0 If wetlands are involved, the Envirormental planner in ESP reviews the
application to insure that: no dredging occurs in water that is three
feet or less at Mean Low Water; no filling or disturbance of wetlands
is proposed; and the proposed pier is high enough to allow sunlight to
penetrate to existing grasses and vegetation. These items are the
major aspects of the review, but the Critical Area Program review is
not limited to these three items.

APPLICATION FOR A MAJOR RESIDENTIAL, CMERCIAL OR INDUSTRIAL SUBDIVISION

� The applicant must first obtain an Environmental Review Statement on
the proposed subdivision sketch plan by the Maryland Forest, Park and
Wildlife Service. The applicant must request this review in writing to:

Mr. Donald E. McLauchlan, Assistant Secretary
Maryland Forest, Park and Wildlife Service
580 Taylor Avenue
Annapolis, Maryland 21401

The applicant must submit, with his/her written request, three sets of
the following information:

A. Location maps;
B. Site map (1:24,000 maximum) showing property boundaries, Critical
Area boundary, minimum. 100 foot buffer, streams, existing roads,
and proposed limits of disturbance;
C. County in which the project is proposed;
D. Project name;
E. Statement that the proposed project or any portion of the project
is in the Critical Area; and
F. Description of the proposed development.

� The applicant must also develop the long form Critical Area Report for
the proposed subdivision. This long form can be found at the end of
Section III.

� The applicant is also responsible for corrpleting the "Notification of
Project Application" form that is required by the Chesapeake Bay
Critical Area Commission for its own review process.

� Once the applicant has the Environmental Review Statement, the Critical
Area Report, and the "Notification of Project Application" form
completed for the proposed subdivision, he/she must then submit these
three items with the proposed sketch plan to the Development Division
within the Office of Planning and Zoning (P&Z).

� The Development Division processes the sketch plan with the three
items, assigns it a case number and transmits these to the
Environmental and Special Projects Division (ESP) within the Office of
Planning and Zoning. Copies of the proposed project's Critical Area
Report are also sent to the Chesapeake Bay Critical Are Commission, the
County Forester, and the Bay Watershed Forester. The Department of
Public Works (DPW), as well as other County agencies, are also
responsible for reviewing major subdivisions.

� Once transmitted to ESP, the sketch plan and Critical Area Report are
logged in and assigned to an Environmental Planner for review.

8 -

� The ESP Environmental Planner reviews and field checks the sketch plan
and Critical Area Report for ccnpliance with the Critical Area Criteria
for the particular land use classification. He/she then sends written
camuents on the proposed project to the Development Division reviewer
in P&Z prior to the sketch meeting; this activity is implemented to
determine which items need to be addressed at the sketch phase in the
development process and which ones need to be resolved during the final
phase.

� If conditions concerning compliance with the Critical Area Criteria are
placed on the proposed project, these are attached to the final plan,
along with necessary notes on the plat. When issues are resolved after
the meeting at the final phase, P&z will transmit a findings letter to
the application. This letter will include specific notes that are
required to be placed on the final plat.

� All Critical Area Criteria must be met or the appropriate waivers
and/or variances must be applied for and granted on the proposed
project.

APPLICATION FOR MINOR RESIDENTIAL, Ca4ERCIAL, OR INDUSTRIAL SUBDIVISION

� The applicant must first obtain an Environmental Review Statement on
the proposed minor subdivision by the Maryland Forest, Park and
Wildlife Services. The applicant must request this review in writing
to: Mr. Donald E. McLauchlan, Assistant Secretary
Maryland Forest, Park and Wildlife Service
580 Taylor Avenue
Annapolis, Maryland 21401

The applicant must submit, with his/her written request, three sets of
the following information:

A. Location maps;
B. Site map (1:24,000 maximum) showing property boundaries,
Critical Area boundary, minimum 100 foot buffer, streams,
existing roads, and proposed limits of disturbance;
C. County in which the project is proposed;
D. Project name;
E. Statement that the proposed project or any portion of the
project is in the Critical Area; and
F. Description of the proposed development.

� The applicant must also develop the short form Critical Area Report for
the proposed minor subdivision. This short form can be found at the
end of Section III.

� The applicant is also responsible for completing the "Notification of
Project Application" form that is required by the Chesapeake Bay
Critical Area Ccomission. for its own review.

� Once the applicant has the Environmental Review Statement, the Critical
Area Report, and the "Notification of Project Application" form
completed for the proposed minor subdivision, he/she must then submit
these three items with the proposed minor subdivision plan to the
Development Division within the office of Planning and Zoning (P&Z).

� The Development Division processes the proposed project with the three
items, assigns it a case number and transmits these to the
Environmental and Special Projects Division (ESP) within the Office of
Planning and Zoning (P&Z). The Department of Public Works (DPW),
� ESP logs in the proposed project and assigns it to an Environmental
Planner for review.
10 -

� The Environmental Planner assigned to the proposed project reviews the
plans and the Critical Area Report and field checks these for
compliance with the Critical Area Criteria for that particular land use
designation. The planner then makes comments in writing and transmits
40 these to the Development Division within P&Z and to the engineer. If
any conditions are imposed on the project and if necessary notes need
to be placed on the plat, then these are attached to the written
comments. All Critical Area Criteria must be met or the appropriate
waivers and/or variances must be applied for and granted on the
proposed project.

� If any changes are made on the submitted plans, these changes need to
go through the system of review again.

APPLICATION FOR A GRADING PERMIT (UNTIL JANUARY 1990)

� A property owner must obtain a grading permit for: grading or
disturbing 5,000 square feet or more in the Critical Area; grading in
the 100 foot buffer; grading over 50% of the lot; grading for a
bulkhead and other structural shore erosion control methods, etc. The
applicant must apply to the Permit Application Center (PAC) for a
grading permit and the applicant must supply a copy of the plat with
the grading permit application. PAC processes the application and then
transmits this to the Environmental and Special Projects Division (ESP)
within the Office of Planning and Zoning (P&Z) as well as other County
agencies for review, i.e. the Department of Public Works (DPW), etc.

� ESP receives the permit application, logs it in, and assigns it to an
Environmental Planner for review. If the proposed project has already
been reviewed as a subdivision or other project, the grading permit
will be assigned to the Environmental Planner that reviewed it during
the subdivision process.

� In the case of grading permit application for a subdivision already
reviewed, the Environmental Planner will check the grading permit
application for conpliance with the subdivision plat notes and
covenants. The plat notes vary on each subdivision reviewed and may
relate to steep slopes, buffers, impervious coverage, stormwater
management, clearing of trees, setbacks, temporal restrictions (such as
fish spawning and submerged aquatic vegetation flowering), etc.

� Grading permit applications are reviewed by the Environmental Planner
for ccopliance with the Critical Area Criteria insofar as possible, but
where the applicant can meet all of the Criteria, he/she must ccnply.
If the lot to be graded is wooded, the applicant will be required to
submit a planting plan to show replanting of all trees proposed to be
removed or the applicant must pay a reforestation fee of $0.40 per
square foot. Any grading permit that proposes mass grading on the
property will require replanting at three times the areal extent of the
disturbed area or paying a fee of $1.20 per square foot. A buffer
planting plan will also be required for a waterfront lot if an existing
vegetated buffer on the site is not of sufficient quality or if its
depth is less than the required front yard setback required for that
zoning category.

� The Environmental Planner assigned to the grading permit may do a field
check if the site has not already been visited. The planner reviews
the permit for tidal and nontidal wetlands, steep slopes, floodplains,
Natural Heritage species, Upland Natural Areas, Areas of Critical State
Concern, soil types, archeology and historical information.

� The Environmental Planner will then send the grading permit with
comments to:

- the Permit Section in P&Z if it is a residential permit;
- the Development Division in P&Z if it is a subdivision grading
permit and/or a grading permit for utilities, storm drains, roads,
etc.; and
- the Design Division in P&Z if it is a ccnrercial or industrial
0 grading permit.

- 12 -

0 If the permit requires reforestation fees or planting plans or it needs
to meet buffer requirements, setback requirements, plat notes, or
additional Critical Area Criteria, a letter is sent by the PAC to the
applicant and/or engineer and the appropriate reviewing agencies.

0 Once the appropriate division in P&Z has reviewed and approved the
grading permit, it is transmitted back to the ESP Division. When all
issues have been addressed and resolved, all fees have been paid or
planting plans approved and bonded, the ESP Division will approve the
grading permit.

13 -

APPLICATION FOR A GRADING P=T (AFTER JANUARY 1990)

0 A property owner must obtain a grading permit for: grading or
disturbing 5,000 square feet or more in the Critical Area; grading in
the 100 foot buffer; grading over 50% of the lot; grading for a
bulkhead and other structural shore erosion control methods; etc. The
applicant must apply to the Permit Application Center (PAC) for a
grading permit. PAC processes the application and then transmits the
plans to the Office of Planning and Zoning. The Department of Public
Works (DPW), is also responsible for reviewing ccimmercial grading
permits. The review of grading permits within the Office of Planning
and Zoning is split into two distinct and separate review processes:
(1) review by the Enviromental and Special Projects Division (ESP);
and (2) review by the Design or the Development Division.

(1) ESP receives the permit application, logs it in, and assigns it to
an Environmental Planner for review. If the proposed project has
already been reviewed as a subdivision or other project, the
grading permit will be assigned to the Environmental Planner that
reviewed it during the subdivision process.

In case of a grading permit application for a subdivision already
reviewed, the Environmental Planner will check the grading permit
application for campliance with the subdivision plat notes and
covenants. The plat notes vary on each subdivision reviewed and
may relate to steep slopes, buffers, impervious coverage,
storwmater management, clearing of trees, setbacks, temporal
restrictions (such as fish spawning and submerged aquatic
vegetation flowering), etc.

Grading permit applications are reviewed by the Environmental
Planner for compliance with the Critical Area Criteria insofar as
possible, but where the applicant can meet all of the Criteria,
he/she must comply. If the lot to be graded is wooded, the
applicant will be required to submit a planting plan to show
replanting of all trees proposed to be removed or the
applicantmust pay a reforestation fee of $0.40 per square foot.
Any grading permit that proposes mass grading on the property will
require replanting at three times the areal extent of the
disturbed area or paying a fee of $1.20 per square foot. A buffer
planting plan will also be required for a waterfront lot if an
existing vegetated buffer on the site is not of sufficient quality
or if its depth is less than the required front yard setback
required for that zoning category.

The Environmental Planner assigned to the grading permit may do a
field check if the site has not already been visited. The planner
reviews the permit for tidal and nontidal wetlands, steep slopes,
floodplains, Natural Heritage species, Upland Natural Areas, Areas
of Critical State Concern, soil types, archeology and historical
information.

14 -

If the permit requires reforestation fees or planting plans or it
needs to meet buffer requirements, setback requirements, plat
notes, or additional Critical Area Criteria, a letter is sent by
the PAC to the applicant and/or engineer and the appropriate
reviewing agencies.

When all issues have been addressed and resolved, all fees have
been paid or planting plans approved and bonded, the ESP Division
will approve the grading permit.

(2) Review of grading permits will be taking place simultaneously in
one of the following divisions within the Office of Planning and
Zoning:

- the DeveloFment Division in P&Z if it is a subdivision
grading permit and/or a grading permit for utilities, storm
drains, roads, etc.; and
- the Design Division in P&Z if it is a commercial or
industrial grading permit.

Once all issues have been addressed and resolved, the grading
permit will be approved by one of the above divisions within the
office of Planning and Zoning.

15 -

GLOSSARY

"Afforestation" mans the establishment of a tree crop on an area from which it has always
or very long been absent, or the planting of open areas which are not presently in forest
cover.

"Agricultural land" means land having soil capability units I, II, III, or IV, excluding
forested class IV soils? either as defined in the published soil survey of the County by
the U. S. Department of Agriculture, Soil Conservation Service, or as certified by an
accredited soils scientist.

"Agricultural land management practices" means those methods and procedures used in the
cultivation of land in order to further crop and livestock production and conservation of
related soil and water resources; and includes best management practices in accordance
with a soil conservation and water quality plan that has been reviewed and approved by the
Anne Arundel Soil Conservation District and is implemented by May 13, 1991. Agricultural
land management practices does not include logging and timber removal operations that
disturb more than 5,000 square feet of land.

"Anadromous fish" mans fish that travel upstream (from their primary habitat in the
ocean) to freshwaters in order to spawn.

"Aquaculture" means the farming or culturing of finfish, shellfish, other aquatic plants
or animals, or both, in lakes, streams, inlets, estuaries, and other natural or artificial
water bodies or impoundments. Activities include the hatching, cultivating, planting,
feeding, raising, and harvesting of aquatic plants and animals and the maintenance and
construction of necessary equipment, buildings, and growing areas. Cultivation methods
include seed or larvae development and growout facilities, fish pens, shellfish rafts,
racks and longlines, seaweed floats and the culture of clams and oysters on tidelands and
W
subtidal areas. Related activities such as wholesale and retail sales, processing and
roduct storage facilities are not considered as aquacultural practices.

"Area of State Critical Concern" mans a specific geographic area of the State which,
based on studies of physical, social, economic and governmental conditions and trends, is
demonstrated to be so unusual or significant to the State that the Secretary of State
Planning designates it for special management attention to assure the preservation,
conservation or utilization of its special values.

"Barren land" means unmanaged land having sparse vegetation.

"Best Management Practices (BMPs)" means conservation practices or systems of practices
and management measures that control soil loss and reduce water quality degradation caused
by nutrients, animal waste, toxics, and sediment. Agricultural BMP I s include, but are not
limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste
structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and
proper nutrient application masures.

"Borrow pits" mans areas from which soil and unconsolidated materials are removed to be
used, without further processing, as fill for activities such as landscaping, building
construction, or highway construction and maintenance.

"Buffer" means a naturally forested area or forested area established or managed to
protect aquatic, wetland shoreline, and terrestrial environments from man-made
disturbances.

"Buffer Management Plan" means a plan prepared for any clearing or disturbance following
the format selected by Maryland Forest, Park and Wildlife Service and approved by the
Office of Planning and Zoning.

"Clearing" means the process of cutting or removing trees, ground cover, stumps and roots,
or the movement of top soil prior to grading for development.
"Cluster development" mans development which permits greater flexibility in development
patterns, environmental management and housing design, by permitting variation and
reductions in lot size and building arrangement without any overall change in the gross
density or land use permitted in a zoning district.

"Colonial nesting water birds" mans herons, egrets, terns, and glossy ibis. For purposes
of nesting, these birds congregate (that is "colonize") in relatively few areas, at which
time the regional populations of these species are highly susceptible to local
disturbances.

"Commercial harvesting" means a commercial operation that would'alter the existing
composition or profile, or both of a forest, including all commercial cutting operations
done by companies and private individuals for economic gain.

"Community piers" means boat docking facilities associated with subdivisions and similar
residential areas, and with condominium, apartment, and other multiple-family dwelling
units. Private piers are excluded from this definition.

"Conservation easement" means a non-possessory interest in land which restricts the manner
0
in which the land may be developed in an effort to reserve natural resources for future
use.

"Critical Area" means all wetlands and all land and water areas in the County within 1,000
feet beyond the landward boundaries of tidal wetlands and the heads of tides.

"Developed woodlands" means areas or communities in which trees and native vegetation
equal or exceed impervious, disturbed or grassed areas.

"Development activities" means the construction or substantial alteration of residential,
commercial, industrial, institutional, or transportation facilities or structures.

"Diameter at breast height" means the diameter of the trunk of the tree, as measured at a
distance of four and one half (4 1/2) feet (137.15 centimeters) above original grade.
(D.B.H.)

"Disturbance" means cutting or removing vegetation or grading or filling activities.

"Documented breeding bird areas" means forested areas where the occurrence of interior
dwelling birds, during the breeding season, has been demonstrated as a result of onsite
surveys using standard biological survey techniques.

"Endangered species" means species of fish, plants, or wildlife which have been designated
as such by regulation by the Secretary of Department of Natural Resources or the U. S.
Department of the Interior. This designation implies the continued existence of these
species as part of the State's resources is in jeopardy.

- 3 -

"Excess stormwater run-off" mans all increases in stormwater resulting from:
(a) An increase in the inperviousness of the site, including all additions to
buildings, roads, and parking lots;
(b) Changes in permeability caused by compaction during construction or
modifications in contours, including the filling or drainage of small
0 depression areas;
(c) Alteration of drainageways, or regrading of slopes;
(d) Destruction of forest; or

(e) Installation of collection systems to intercept street flows or to replace
swales or other drainageways.

"Fisheries activities" means ccmmrcial water-dependent fisheries facilities including
structures for the packing, processing, canning or freezing of finfish, crustaceans,
mollusks, amphibians and reptiles; these activities also include related activities such
as wholesale and retail sales, product storage facilities, crab shedding, off-loading
docks, shellfish culture operations, and shore-based facilities necessary for aquaculture
operations.
"Forest" mans a biological ccmmunity daminated by trees and other woody plants. This
also includes forests that have been cut, but not cleared.

"Forest interior dwelling birds" means those species of birds which require relatively
large forested tracts in order to breed successfully (for exanple, various species of
flycatchers, warblers, vireos, and woodpeckers).

"Forest management" means the protection, manipulation, and utilization of the forest to
provide multiple benefits such as timber harvesting, water transpiration, and wildlife
habitat.

"Forest Management Plan" means a document prepared by a registered professional forester
following the format selected by Maryland Forest, Park and Wildlife Service and Anne
Arundel County Office of Planning and Zoning to give direction for the management of
forests for one or more of the following uses: recreation, wildlife enhancement,
planting, regeneration or disturbance activities such as harvesting, thinning and cutting
of a forest.

"Forest practice" means the alteration of the forest either through tree removal or
replacement in order to improve the tin-ber, wildlife, recreational, or water quality
values.

"Habitat Assessnent Manual" mans the document containing the methodology designed by the
Office of Planning and Zoning for the purpose of evaluating and inventorying wildlife
habitats.

"Habitat Protection Area" means those areas of significance that have been identified
using the Habitat Assessment Methodology found in the Habitat Assessment Manual. These
areas include buffers, wetlands, threatened and endangered species, habitats of species in
need of conservation, anadromous fish propagation waters, wildlife corridors, colonial
water bird nesting sites, historic waterfowl staging and concentration areas, riparian
forests of 300 feet or more in width, large forested areas ( 100 acres or rwre), natural
heritage areas, plant and wildlife habitats of local significance, and areas identified in
the future as one of the above.

"Highly erodible soils" means those soils with a slope greater than 15 percent; or those
soils with a K value greater than .35 and with slopes greater than 5%.

"Historic waterfowl staging and concentration areas" means areas of open water and
adjacent marshes where waterfowl gather during migration and throughout the winter
season. These areas are "historic" in the sense that their location is ccnmn knowledge
and because these areas have been used regularly during recent times.

"Hydric soil" means 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.

"Hydrophytic vegetation" means those plants cited in "Vascular Plant Species Occurring in
Maryland Wetlands" (Dawson, F. et al., 1985) which are described as 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 water habitats).

"Impervious surface" means hot bituminous asphaltic pavement, cold mix asphaltic pavement,
compacted gravel surfacing, and Portland cement concrete used for roads, sidewalks,
driveways, curb and gutter, patios, porches, swimming pools, tennis courts, or parking
areas, and also includes principal and accessory structure coverage area.

"Institutional uses" weans those uses that serve a recreational, social, educational or
religious purpose such as schools, hospitals, libraries, museums, nonprofit charitable or
philanthropic organizations or gove rnm ental facilities.

"Intrafamily transfer" means a transfer to a member of the owner's imediate family a
portion of the owner's property for the purpose of establishing a residence for that
family member.

"K Value" means the soil erodibility factor in the Universal Soil Loss Equation. It is a
,quantitative value that is experimentally determined.
"Marina" mans any facility including community facilities and yacht clubs, but not
including private piers, ccnumity piers and other noncommercial boat docking and storage
facilities, that is located along the shoreline of the County and involves the mooring,
berthing, storing or securing of watercraft.

"Mean High Water Line" means the average level of high tides at a given location.

"Natural features" means components and processes present or produced by nature,
including but not limited to, soil types, geology, slopes, vegetation, surface water,
drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and
wildlife.

"Natural Heritage Area" neans any ccnuiunity of plants or animals which are considered to
be among the best Statewide examples of their kind, and are designated by regulation by
the Secretary of the Department of Natural Resources.

"Natural parks" means areas of natural habitat that provide opportunities for recreational
activities that are compatible with the maintenance of natural conditions.

"Natural vegetation" means those plant communities that develop in the absence of human
activities.

"Nature-dominated" means a condition where landforms or biological communities, or both
have developed by natural processes in the absence of human intervention.
0 - 5 -

"Nonstructural shore erosion control measures" means the establishment of vegetation,
establishment or expansion of a beach by placing sand fill between the mean high water
line and mean low water line, and setting back development from the shoreline a sufficient
distance to avoid damage to the development. Groins and riprap are considered
nonstructural measures if they are ancillary to the establishment of vegetation or the
establishment of a beach by placing sand fill between the mean high water line and the
mean low water line.

"Open space" mans land and water areas retained in an essentially undeveloped state.

"Palustrine" means all nontidal wetlands dominated by trees, shrubs persistent emergent
plants, or emergent mosses or lichens and all such wetlands that occur in tidal areas
where the salinity due to ocean-derived salts is below one half part per 1,000 parts of
water.

"Port" means a facility or area established or designated by the State or County for
purposes of water borne ccnmerce.

"Potential sand and gravel deposits" mans those sand and gravel deposits existing under
land that is currently undeveloped and is zoned RA = Residential Agricultural District, W2
= Light Industrial District, W3 = Heavy Industrial District, or DD = Deferred Development
District.

"Project approvals" means the approval of development, other than development by a State
or local government agency, in the Chesapeake Bay Critical Area by the County. The term
includes approval of subdivision plats, site plans, rezonings, issuance of variances, and
special exceptions.

"Public water-oriented recreation" means shore-dependent recreation facilities or
activities provided by public agencies which are available to the general public.

"Reclamation" means the reasonable rehabilitation of disturbed land for useful purposes,
and the protection of the natural resources of adjacent areas, including waterbodies.

"Redevelopment" mans the process of developing land which is or has been developed.

"Reforestation" means the establishment of a forest through artificial reproduction or
natural regeneration.

"Riparian habitat" means a habitat that is strongly influenced by water and which occurs
adjacent to streams, shorelines, and wetlands.

"Significantly eroding areas" means those areas where shoreline erosion is occurring at a
rate of two feet or more per year.

"Soil Conservation and Water Quality Plans" mans land use plans for farms that show
farmers how to make the best possible use of their soil and water resources while
protecting and conserving those resources for the future. It is a document containing a
map and related plans that indicate:
(a) How the landowner plans to treat a farm unit;
(b) Which best management practices the landowner plans to install to treat
undesirable conditions; and
(c) The schedule for applying those Best Management Practices.

"Species in need of conservation" mans species of fish, plant, or wildlife whose
continued existence as part of State's resources is questionable and which may be
designated by the Department of Natural Resources as in need of conservation.

- 6 -

"Steep slopes" means slopes of 15% or greater incline and characterized by increased
runoff, erosion and sediment hazards.

Structural shore erosion control measures" means measures that include but are not
1"imited to bulkheads, groins, jetties, and revetments constructed along a shoreline to
prevent erosion.

"Threatened species" means those species of fish, plant, or wildlife so designated by the
Secretary of the Department of Natural Resources or the U. S. Department of the Interior
as appearing likely to became endangered within the foreseeable future.

"Transitional habitat" means a plant community whose species are adapted to the diverse
and varying environmental conditions that occur along the boundary that separates aquatic
and terrestrial areas.

"Transportation facilities" means anything that is built, installed, or established to
provide a means of transport fran one place to another.

"Tributary streams" means those perennial and intermittent streams in the Critical Area
within the County that are shown on the most recent U.S. Geological Survey 7 1/2 minute
topographic quadrangle maps, Soil Survey of Anne Arundel County or on County maps.

"Upland natural area" mans those areas where, at present, natural processes predominate
and are not significantly influenced by either deliberate manipulation or accidental
interference by man. These areas normally have features such as nontidal wetlands, wooded
swamps, stream corridors and natural forests.

"Utility transmission facilities" means fixed structures that convey or distribute
resources, wastes or both, including but not limited to, electric lines, water conduits,
and sewer lines.

"Water-dependent facilities" means those structures or uses associated with industrial,
commercial, maritime, recreational, educational or fisheries activities that require
location at or near the shoreline. Those activities or facilities that way be permitted
within the shoreline buffer include: launching ramps, hoists, lifts, marine railways,
piers, pilings, wet storage of seaworthy watercraft, nature trails, intake or discharge
structures and stormwater outfall structures; marine fuel sales and crab shedding
facilities are permitted in the Buffer only in commercial marina facilities, unless
otherwise precluded by state law.

"Waterfowl" means birds which frequent and often swim in water, nest and raise their
young near water, and derive at least part of their food from aquatic plants and animals.

"Water-use industry" means an industry that requires location near the shoreline because
it utilizes surface waters for cooling or other internal purposes.

"Wetlands" means land, swamps and marshes 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.

"Wildlife corridor" means a strip of land in the County having vegetation that provides
habitat and a safe passageway for wildlife.

_ 7

PARTIAL LIST OF CONSULTANTS
INDICATING V=AND IDENTIFICATION AND CRITICAL AREA EXPERIENCE

The list below contains the names of those consultants who have indicated an ability to
identify wetlands. This is not a couplete list and does not connote any approval by the
Office of Planning and Zoning.

The Robert B. Balter Company Geo-Technology Associates, Inc.
18 Music Fair Road 139 North Main Street
Owings Mills, MD 21117 Bel Air, MD 21014
Robert Najewicz Peter Bergmann
363-1555 879-9446

Biohabitats Greenhorne & O'Mara, Inc.
P. 0. Box 935 9001 Greenbelt Road
Brooklandville, MD 21022 Greenbelt, MD 20770
Keith Bowers D. Keith Whitenight
337-3659 Environmental Sciences
982-2895
Coastal Resources, Inc.
2098 General's Highway John E. Harms Jr. & Associates
Annapolis, MD 21401 P. 0. Box 5
Nancy G. Kelly Pasadena, MD 21122
849-8490 Jim Turek
647-6000
Dames & Moore
7101 Wisconsin Avenue, Suite 700 Kamber Engineering, Inc.
Bethesda, MD 20814 818 West Diamond Avenue
Roger Copp Gaithersburg, MD 20878
(301) 652-2215 Gary J. Jellick
840 -1030
M. S. Dircks & Co., Inc.
2986 Pebble Beach Drive Land Design, Research, Inc.
Ellicott City, MD 21043 5560 Sterrett Place, Suite 300
750-2058 Colunbia, MD 21044
(Environmental Planning)
Ecological Analysts John Hall
Hunt Valley/Loveton Center 730-9191
15 Loveton Circle
Sparks, MD 21152 McCarthy & Associates, Inc.
Dr. Frank Pine and Joe Berg 14458 Old Mill Rd., Suite 201
771-4950 Upper Marlboro, MD 20772
Milton McCarthy
Envirens Inc. 627-7505
9704 William Parks Road
Cockeysville, MD 21030 Quercus
Mike Hollins 2128 Shore Drive
683-1015 Edgewater, MD 21037

Robert Zepp
Environmental Concern (eves) 956-5930
P. 0. Box P
St. Michaels, MD 21663 Gale Reed
(301) 745-9620 or 745-2082 3710 Birdsville Road
Davidsonville, MD 21035

Envirorunental Resources, Inc. 798-6423
1 Plaza East, Suite 319
Salisbury, MD 21801 Synergics, Inc.
Dave Hardin 410 Severn Avenue, Suite 313
548-5320 Annapolis, MD 21403

Christian Crow
Environmental Systems Analysis, In 268-8820
708 Melvin Avenue
Annapolis, MD 21401
Kevin Kelly
267-0495 or 269-1304

LIST OF ENGINEERS

Advanced Surveys Inc. John C. Harms & Associates Inc.
W
5443 Southern MD Blvd., Wayson's Corner 90 Governor Ritchie Highway
othian, MD 20711 Pasadena, MD 21122

Alpha Engineering Ronald W. Johnson & Associates
2086 General's Highway, Suite 301 111 Chinquapin Round Road
Annapolis, MD 21401 Annapolis, MD 21401

American Engineering Kidde Consultants
Pasadena 8055 Ritchie Highway, Suite 204
Maryland 21122 (255-4200) Pasadena, MD 21122

Anarex Landtech
503 Ritchie Highway 2661 Riva Road
Severna Park, ND 21146 Annapolis, MD 21401

Andrews, Miller & Associates Inc. McCrone
508 Maryland Avenue 20 Ridgely Avenue
Cambridge, MD 21613 Annapolis, MD 21401

Boyd and Dowgiollo PA Messick & Tribett Inc.
405 Headquarters Drive 111 Chinquapin Round Road, Suite 104
Millersville, MD 21108 Annapolis, MD 21401

W. J. Brower, Jr. Paul K. Miller & Associates
5331 Kenmore Road 541 Benfield Road
,Severna Park, MD 21146 Severna Park, ND 21146
Ed Brown & Associates, Inc. Montgomery/Kontgias
1993 Moreland Parkway, Suite 204 2139 Espey Court, Suite 3
Annapolis, MD 21146 Crofton, MD 21114

Carlin and Associates Land Surveyors & Planners Priddy Design Associates
1741 Underwood Road 1623 Forest Drive, Suite 200
Gambrills, MD 21054 Annapolis, MD 21403

Development Facilitators Inc. Rien-er Group
504 Baltimore/Annapolis Blvd. 3105 North Ridge Road
Severna Park, MD 21146 Ellicott City, MD 21043

Dew-berry & Davis Severn Surveys
2594 Riva Road 479 Jumpers Hole Road
Annapolis, MD 21401 Severna Park, MD 21146

Engineering Technologies Associates Sigma Associates
9051 Baltimore National Pike 2441 Holly Avenue
Ellicott City, MD 21043 Annapolis, ND 21401

Gamma Engineering STV/Lyon Associates Engineers, Surveyors
P. 0. Box 706 21 Governors Court
Annapolis, MD 21404 Baltimore, MD 21207

Greenhorne & O'Mara
02666 Riva Road, Suite 100
Annapolis, MD 21401 - 10 -

FOREST BUFFER PROVISIONS AND GUIDELINES
FOR wATERFRoNT BUILDING PERMITS IN THE CRITICAL AREA

What is a forest buffer?

A forest buffer is a naturally vegetated area or vegetated area established
or managed landward of the water to protect aquatic, wetland, shoreline, and
terrestrial environments from man-made disturbances.

Why is a buffer required?

Forest land has long been recognized as a protective land use. Forests
filter out nutrients and trap sediment-laden stormwater runoff. Trees
provide hcmes, food, and shelter for wildlife. Trees also filter out air
pollutants and cool the air in summer. Trees soften a harsh landscape and
healthy trees can increase the real estate value of property by as much as
twenty percent. Trees are a renewable resource that no man-made, engineered
device can come close to imitating.

The Anne Arundel County Critical Area Law recognizes the above values of
trees and forests. As a result, County law requires that existing forest
buffers be retained; and, where none currently exist, buffers need to be
planted. County Council Bill 49-88, Article 21, Section 2-301 requires that
Ivan existing forested vegetated buffer is maintained or shrubs and ground
cover are planted where no buffer exists . . . " A minimum 100-foot buffer
is required where site conditions permit, but in no case less than the front
yard setback by zoning districts as follows: RA - 40'
Rl - 401
R2 - 301
R5 - 25'

If there is an existing buffer but it is less than the required buffer, then
additional ground covers, shrubs, and trees must be planted to meet the
minimum.

Who needs to prepare a buffer planting plan?

Anyone applying for a waterfront building permit on existing legal lots
within 100' of the water and where a buffer does not already exist.

Where to Plant Buffers

Buffers should be planted from man high tide landward for the width
required under front yard setbacks. The buffer should be planted along the
entire property adjacent to the water. Pedestrian access to the water can
be maintained.

When

The plan must be prepared, submitted to Planning and zoning, and
approved prior to the issuance of the building permit.

The actual plants should be planted during the next available growing
season. (Growing seasons are: March 15 - June 15 and Sept. 15 - Dec. 1.)

How to Prepare the Plan

1. Based on the site plan determine the area to be planted for that zoning
district.

2. Choose native plant species to be planted. (For species suitable to
your site conditions, consult with your local nurseries and landscape
contractors.) You may want to plant certain species to attract birds
or other wildlife. If salt spray is a problem, you should consider
only salt tolerant plant species directly adjacent to the water.

3. Decide on and draw in the arrangement of the plants you have chosen on
the site plan. (See the diagrams for an example.) The plan must
have a scale on it to be acceptable (i.e., 1" = 20' or another
appropriate scale).

4. Label your diagram and list the plant species and total number of each
plant under the plan. Also include the spacing you intend to use for
each species. For example, the following spacing may be used:

Ground cover plants 11 x l'
Small shrubs 4' x 4'
large shrubs 6' x 6'
Small trees 10,x 10,
Large trees 151x 151; 20' x 201

Specify the growing season during which the plants will be planted
(i.e., spring 1989).

5. Include your name, address, daytime phone number, and permit number.

6. A bond, letter of credit, or certified check payable to Anne Arundel
County at the rate of $0.40/square-foot area to be planted must be
submitted with each plan.

7. A Reforestation Agreement must be completed and notarized. The proper
forms are available from the address on the back page.

12 -

Care and Maintenance after Planting

Filter cloth. You may wish to place some type of this material (not
black plastic) around the base of trees and shrubs after planting. This
cloth allows water and nutrients to pass through to the plants, but prevents
weeds from growing up through. Mulch is usually placed over the cloth to
provide an attractive appearance. Do not use filter cloth if you are
planting a ground cover that you want to spread.

Mulch. It is recommended that between 2-3" of mulch be placed around
the planted materials for several reasons:

1. Mulch helps retain moisture for the plants (particularly important
if the site is located in a water restricted area at times in the
summer) .

2. Mulch helps keep weeds down while plants are becoming established
and growing.

3. Mulch conditions the soil increasing its absorption capacity.

4. Mulch negates the need to get the lawn mower near the plants,
reducing lawn mower damage to young plants.

Fertilizer. Apply when planting according to your local nurseryman's
guidelines to promote healthy growth.

Watering, Water after planting and during hot, dry spells during
first growing season, and as needed.

Staking. Planted trees should be staked during their first two
growing seasons to provide structural support until the new root system
becomes established. It is important to remove the stakes and wires after
the second growing season to prevent the tree from strangling itself.

All plans should be submitted to:

Dave Chessler
County Forester
Anne Arundel County Planning & Zoning
Enviromental & Special Projects
The Arundel Center, Room 220
P. 0. Box 1831
Annapolis, Maryland 21404
(301-280-1270)

ADDITIONAL RESOURCE MATERIAIS

Habitat Assessment Manual

The County has developed a Habitat Assessment Manual to assist citizens in
surveying the plants and animals on their own property. It includes blank
field sheets to aid in a survey on site. A copy of this manual can be
purchased for $5.00 from the Office of Planning and Zoning, 2nd floor,
Drafting Section, Arundel Center in Annapolis.

Reforestation Manual

The County is now in the process of developing a Reforestation Manual to
provide citizens with the proper methods of replanting trees within the
Critical Area. Contact Dave Chessler, the County Forester, at 280-1270 for
further information.

14 -

APPLICATION FOR A SPECIAL EXCEPTION

� The applicant must submit an application for a special exception to the
Zoning Division in the Office of Planning and Zoning (P&Z).

� The Zoning Division processes the application and forwards a notice of
it to the Environmental and Special Projects Division (ESP) in P&Z for
review.

� ESP locates the property involved on the Critical Area maps and
determines its land use classification designation. ESP then
determines the type of Critical Area Report the applicant must also
submit. The purpose of this report is to provide a method for the
applicant of the special exception to present the existing natural
features and characteristics of the site prior to development and to
present the steps by which impact to the environment will be
n-Linimized. The long form checklist for information will be required
for these uses:

- sand and gravel operations
- rubble fill operations
- wastewater treatment facilities
- heavy industrial and cam-ercial uses
- community marinas
- all similar uses which have a significant impact on the existing
natural features

The short form checklist for information can be used in other special
exception cases. Both the long form and the short form checklists are
included at the end of Section III.

� ESP logs in the application and notifies the Zoning Division in writing
as to whether a long from or short form checklist shall be submitted by
the applicant. The Zoning Division notifies the applicant as to the
checklist required for his/her Critical Area Report.

� If the long form Critical Area Report is required, the special
exception applicant is required to submit an Environmental Review
Statement frcm the Maryland Forest, Park and Wildlife Service. The
applicant must request this review in writing to:

Mr. Donald E. MacLauchlan, Assistant Secretary
Maryland Forest, Park and Wildlife Service
580 Taylor Avenue
Annapolis, Maryland 21401

The applicant must submit, with his/her written request, three sets of
the following information:

- 16 -

� The Zoning Division also transmits the "Notification of Project
Application" form to the applicant. The applicant must complete this
form and submit this with his/her Critical Area Report. The
"Notification of Project Application" form is required by the
Chesapeake Bay Critical Areas Commission for its own review process.

� The applicant next submits his/her Critical Area Report to ESP within
the Office of Planning and Zoning. If the applicant must submit the
Environmental Review information, he/she must wait and submit the
Critical Area Report with the Environmental Review Statement on the
proposed project received from the Maryland Forest, Park and Wildlife
Service.

� ESP receives the Report, logs it in, and assigns it to an Environmental
Planner for review. Copies of the report are also sent to the
Administrative Hearing Officer, the Zoning Division, the Chesapeake Bay
Critical Areas Caunission, and the Bay Watershed Forester for their
review.

� The ESP Environmental Planner reviews and field checks the application
for compliance with the Critical Area Criteria for the particular land
use classification, and then sends written comments to the Zoning
Analyst in the Zoning Division. The planner can recommend approval of
the application, approval with conditions, or denial of the
application. When the property in question is a part: of a subdivision
within the Critical Area, the application is subject to the conditions
imposed on the subdivision during its review. All criteria must be met
or the appropriate waivers and/or variances must be applied for and
granted.

- 17 -

APPLICATION FOR A VARIANCE TO THE ZONING ORDINANCE

� The applicant must submit an application for a variance to the Zoning
Division in the Office of Planning and Zoning (P&Z).

� The Zoning Division processes the application and forwards a notice of
it to the Environmental and Special Projects Division (ESP) in P&Z for
review.

� ESP locates the property involved on the Critical Area Maps and
determines its land use classification designation. ESP then
determines the type of Critical Area Report the applicant must submit.

� ESP logs in the application and notifies the Zoning Division in writing
that the short form Critical Area Report is required for a variance
application. The Zoning Division notifies the applicant as to the
Critical Area Report required. The Zoning Division also transmits the
"Notification of Project Application" form to the applicant for
completion. The applicant must submit this form with his/her Critical
Area Report. The "Notification of Project Application" form is
required by the Chesapeake Bay Critical Area Ctrimission for its own
review process.

� The applicant submits his/her Critical Area Report to ESP in the Office
of Planning and Zoning. ESP logs in the report and an Environmental
Planner is assigned to review the report with the application. Copies
of the report are also sent to the Administrative Hearing Officer, the
Zoning Division, and the Chesapeake Bay Critical Area Commission for
their review.

� The ESP Environmental Planner reviews the project from an environmental
perspective to determine what steps are proposed to minimize
disturbance to the existing natural resources as well as to minimize a
negative impact on water quality. In addition, the planner field
checks the application and then sends written ccmmnts to the Zoning
Analyst in the Zoning Division. The planner can recommend approval of
the application, approval with conditions, or denial of the
application. When the property in question is a part of a subdivision
within the Critical Area, the application is subject to the conditions
imposed on the subdivision during its review.

18 -

APPLICATION FOR A REZONING (This does not apply to the Critical Area land
use classifications)

� An applicant must submit an application for a rezoning to the Zoning
Division in the Office of Planning and Zoning (P&Z).

� The Zoning Division processes the application and forwards a notice of
it to the Environmental and Special Projects Division (ESP) in P&Z for
review.

� ESP locates the property involved on the Critical Area Maps and
determines its land use classification designation. ESP then
determines the type of Critical Area Report the applicant must submit.

� ESP logs in the application and notifies the Zoning Division in writing
that the long form Critical Area Report is required for the rezoning
application. The Zoning Division transmits this requirement to the
applicant as well as the "Notification of Project Application" form for
the applicant to complete. The "Notification of Project Application"
form is required by the Chesapeake Bay Critical Area Commission for its
own review process.

� Before the applicant submits the long form Critical Area Report to ESP,
he/she is required to request an Environmental Review Statement from
the Maryland Forest, Park and Wildlife Service. The applicant must
request this review in writing to:

Mr. Donald E. MacLauchlan, Assistant Secretary
Maryland Forest, Park and Wildlife Service
580 Taylor Avenue
Annapolis, Maryland 21401

The applicant must submit, with his/her written request, three sets of
the following information:

A. Location map;
B. Site map (1:24,000 maximum) showing property boundaries,
Critical Area boundary, minimum 100 foot buffer, streams,
existing roads, and proposed limits of disturbance;
C. County in which the project is proposed;
D. Project name;
E. Statement that the proposed project or any portion of the
project is in the Critical Area; and
F. Description of the proposed development.

� The applicant then submits his/her Critical Area Report to ESP, along
with the Environmental Review Statement completed by the Maryland
Forest, Park and Wildlife Service.

� ESP receives the report, logs it in, and assigns it to an Environmental
Planner for review. Copies of the report are also sent to the
Administrative Hearing Officer, the Zoning Division, the Chesapeake Bay
Critical Area Commission, and the Bay Watershed Forester for their
review.
- 19 -

0 The ESP Environmental Planner reviews the project fran an environmental
perspective to determine what steps are proposed to minimize
disturbance to the existing natural resources as well as to minimize a
negative iTrpact on water quality. In addition, the planner field
checks the application and then sends written camnents to the Zoning
Analyst in the Zoning Division. The planner can reccmiend approval or
denial of the application. When the property in question is a part of
a subdivision within the Critical Area, the application is subject to
the conditions imposed on the subdivision during its review. All
criteria must be met or the appropriate waivers and/or variances must
be applied for and granted.

20 -

aiESAPEAKE 13AY CRITICAL AREA INFORMATION (LONG FORM)

A. MAPPING INFORMATION (6 copies)

Vicinity Sketch

All drawings should include a clear vicinity sketch at 1" = 2000' with the
property boundaries clearly indicated. A circle or star for the property
area is not acceptable.

Plan Submittal

Depending upon the size of the property, proposed development, and existing
natural features, submittals may differ as to scale and presentation. All
the information requested under Section A of the Guidelines should be
clearly indicated. It may be necessary to submit two plans at the same
scale, one showing existing conditions and the other, proposed development.
Topography needs to be clear, with contour lines labeled as to elevation so
that all contours throughout the property are clearly legible. Existing
conditions should reflect any variety in vegetative communities if they
occur on site (for instance, mixed deciduous/coniferous forest, mature oak
hardwood forest, pastureland, overgrown field, nontidal wetlands, tidal
marsh) and the communities should be clearly delineated and labeled. I" to
1001 or 200' is suggested for the mapping.

Floodplain

Delineate the ultimate calculated nontidal floodplain or indicate the
coastal flood hazard elevation as shown on the FE24A series.

Wetlands

All tidal and nontidal wetlands are to be drawn on all plans.

Mean High Water should be indicated by line or note. Water depths are to be
indicated for any project having riparian uses.

Soil Types

These should be shown on the plans, not just on attachment from the Soil
Survey. Use the entire soil mapping unit (e.g. SaB2 or MVE), not just the
series name (e.g. Sassafras).

Steep Slopes

Clearly indicate 15% and greater slopes. It is important to separate those
into >15% and >25%.

- 21 -
is

(Long Form Continued)

Upland Natural Area, Area of Critical State Concern, Chesapeake Bay
Critical Area Boundaries and Habitat Protection Areas

Indicate these (where applicable) on the plan.

Spawning Areas, Nursery Areas, Submerged Aquatic Vegetation and
Shellfish Beds

Indicate the nearest of these based on current records. If necessary, this
may be done on a 1" = 2000' scale map.

Buffers

Indicate the following (where applicable) on the plan:

Nontidal wetlands 25'
Tidal wetlands 100,
Streams (perennial and intermittent) 100,
Tidal shoreline 100,
Expanded buffer - all contiguous
wetlands, steep slopes, erodible soils, plus a 50' setback
from the top of a 15% or greater slope

Areas of Clearing, Limits of Disturbance, Construction Areas

Indicate all planned and potential areas of clearing for all uses
(houses, yards, patios, decks, garages, swinming pools, guest houses,
sidewalks, access to the water, driveways, utilities, sediment control,
roads, septic fields, stormwater management, water wells, infiltration pits,
parking spaces, structures other than residential, pumping stations, etc.).
Be realistic in terms of sizes as there may be woodland clearing and
impervious surface requirements. Be sure all construction areas are located
outside the Buffers, allowing at least 15 feet from a construction area.

Habitat Protection Areas

IdentifN
.1 all areas as described in the Critical Area Criteria for habitat
protection. Include any areas within 1000' of the site boundaries.

B. NARRATIVE (6 copies)

Rare and Endangered Species(The Environmental Review Statement will
address this)

A letter from the DNR Natural Heritage Program is requested. However, the
consultant or other representative is responsible for identifying those
species on DNR's list since they have not totally documented the County for
rare and endangered species. This work is to be done during the growing or
breeding season.

- 22 -

(Long Form Continued)

Vegetative Description

Vegetation should be described in the narrative as communities unless it is
uniform throughout the site. Please be advised that since some vegetation
(herbaceous layer, some wetlands species) is not readily apparent or is
difficult to identify during the winter, additional information may be
required during the growing season, or a field visit may be delayed until
then. Likewise, certain submerged aquatics are not observable all year
long. These are to be surveyed during the current growing season. All
plants should have the Latin name as well as the common name.

Nontidal Wetlands

See "Guidelines for Protecting Nontidal Wetlands in the Critical Area
(Guidance paper U)", as well as County policy for nontidal wetlands, to
address specific issues of concern.

Animals

Differentiate betwen observed and expected species. List them by specific
name, not just birds, snakes, etc. A breeding bird survey Rey be necessary
for forested tracts (between April-August) by approved consultants.

Stormwater Management

Stormwater management may be presented conceptually but must address quality
for roads, parking (including driveways) and roof leaders. An analysis of
the soils map, indicating infiltration potential, and examples of specific
measures that may be installed should be included. Stormwater managemnt
requirements will not be waived for roads or parking areas. The amount of
impervious surface should be minimized. (See Guidance Paper #5) Stormwater
management for Intensely Developed Areas differs from that for Limited and
Resource Conservation Areas. Stormwater management facilities must be
located outside nontidal wetlands and their buffers. Peak managemnt will
also be necessary for the two- and ten-year storms.

Pollutants

List specifically which pollutants are expected and the increase over
existing conditions. Describe how this will be minimized.

Shoreline Protection Methods

Justify the method to be used according to the criteria for shore erosion
control. Erosion rates will be necessary for all bulkheading.

Community Marina Facilities

A flushing study is necessary using EPA guidelines as found in the Coastal
Marinas Assessment Handbook, as well as substrate analysis.

- 23 -

(Long Form Continued)

Buffer Management Plan

Justification for any work in a Buffer, but in particular the minimum 1001
Buffer or expanded Buffer. Detailed plans (two copies) are to be submitted
by Final.

Mitigation

Any mitigation proposed is to be done at a 2:1 ratio. Detailed plans are to
be submitted by Final.

Calculations

Please provide total acreage in the Critical Area, woodland in the Critical
Area, acreage of woodland to be cleared for all uses and total inpervious
surface, and total disturbance. Be realistic.

Consultants and Dates of Work

Any consultants preparing the report should be identified by name, work
address and phone. Dates of field work should be noted.

Please note that incomplete reports and/or maps will be returned to the
applicant and no transmittals will be made.

24 -

(Long Form Continued)

I. Indicate the following, if present, on the site plan:

A. Vegetative communities (e.g., woodlands, old fields, wetlands)

1. Woodlands - distinguish between developed woodlands, pine,
hardwood, and mixed forests

a. Edge of continuous wooded areas, include total acreages

b. Approximate location of individual trees in continuous
wooded areas with a diameter twice as large as that of
the surrounding trees

C. Approximate location of individual trees greater than 5
inches in diameter at breast height outside of
continuous wooded area

2. Old fields - edge and acreage

3. Wetlands - edge and acreage

a. Tidal

b. Nontidal - including springs and seeps (label according
to Cowardin, 1979)

C. Submerged aquatic vegetation found during field work and
from maps

B. Limit of area that will be disturbed during all phases of
develoFment, including existing and proposed impervious areas
compute all acreages

C. 100 year floodplains - coastal and nontidal

D. Bodies of water including Mean High Water Line, perronent and
intermittent

E. Location of the nearest aquatic habitats adjacent to
(upstream/downstream) or within the property limits - use a 1"
20001 scale vicinity map, if necessary

1. Spawning area

2. Nursery areas

3. Shellfish beds

4. Water depths
- 25

(Long Form Continued)

F. Soil types

G. Steep slopes - designate 15-24% and 25% or greater

H. Upland Natural Area, Habitat Protection Area, and Area of Critical
State Concern boundaries

I. Natural Heritage Area boundaries and rare or endangered species
habitats, if known (contact Natural Heritage Program, DNR)

J. Chesapeake Bay Critical Area land use designation, boundary, and
acreage (if split, label each area)

K. Stormwater management facilities, outfalls, and points of
discharge - both existing and proposed

II. Identify the following, if present, in a report acccnpanying the site
plan:

A. Specify the vegetative ccmmmities present on the site and give
their areas - exanples include: mature woodland, inmture
woodland, old field, pasture, cropland, orchard, and wetland. For
each commmity please describe the vegetation in the following
manner:

1. Canopy (highest layer of trees), give Latin and common name

a. Ccmwn species present, indicting approximate percentage
of total

b. Diameter at breast height - give general range for each
species listed

2. Understory (immature trees below canopy), give Latin and
ccmmn name

a. Conmn species present, indicating approximate
percentage of total

3. Shrub layer (woody plants below trees), give Latin and conmn
name

a. Coumn species present, indicting approximate percentage
of total

4. Herbaceous layer (non-woody plants below shrubs), give Latin
and ccmmn name

a. Comwn species present, indicating approximate
percentage of total

- 26 -

Long Form Conti-nued)

5. Slopes, soils, and hydrologic condition

6. Degree and type of existing disturbance

B. Species of animals observed or expected to be present, based on
habitat or other evidence

1. Residents and migrants, give common and latin name

2. Submit a breeding bird survey for forest interior dwelling
birds if the woodland acreage is extensive (100+acres) or
riparian (along the water) or contiguous with either an
extensive or riparian woodland

C. Natural Heritage Areas, Habitat Protection Areas

D. Rare and endangered plants and animals, given latin and common name

E. Comparison of existing and proposed previous and impervious areas

F. Pollutant loadings expected to be generated by develoFmnt for all
of the site draining to the Critical Area and measures that will
be taken to reduce their in-pact

1. If the development is occurring in the Intense Developmnt
Area, compliance with the 10% rule must be shown in
computational form

G. General hydrology of the site, including groundwater recharge,
seeps, and wetlands

H. Proposed stormwater management plan to minimize degradation of
water quality and infiltration potential for stormwater, based on
soil type and depth to groundwater - water quality and peak
management measures are necessary in IDA and RCA classifications

I. Shoreline condition and any proposed work at or beyond the natural
shoreline, include erosion rates

J. If land is set aside of sufficient size to allow a commmity
marina, any dredging necessary and the flushing capability of the
water body on which the marina will be sited must be calculated -
include information on water depth

K. Dates of field work and investigator(s) doing the field work and
Critical Area Report

L. Environmental Review Statement fran the Department of Natural
Resources.

M. "Notification of Project" application to the Chesapeake Bay
Critical Area Commission.

Reference: Cowardin, L.M. et. al. 1979. "Classification of Wetlands and
Deepwater Habitat of the United States." USFWS/OBS-79/31.

- 27 -

Minor Subdivision No.
Date

TO:

ANNE ARUNDEL COUNTY OFFICE OF PLANNING AND ZONING
CHESAPEAKE BAY CRITICAL AREA. INFORMATION
Short Form (For Minor Subdivision)
Your project lies within the state designated Chesapeake Bay Critical Area. Your project
must meet all the criteria for the classification. The information is to be
submitted to the Office of Planning and Zoning for review (File, Critical Area
Commission, Bay Watershed Forester, and Planning and Zoning Environmental Section.)
Upon completion of the review of submitted material, findings will be made which are
necessary for approval of the subdivision. Please include vicinity map, existing
conditions map and proposed development.

As a minimum, the following information is to be provided, where checked:

Owner's name, address; address of parcel and Tax Map, Block, Parcel

ON PLAN TO SCALE, USING TOPOGRAPHY:
Indicate steep slopes (15-24%, 25% and greater)
Indicate existing tree line or individual trees and all proposed
clearing and areas to be disturbed
Indicate tidal and/or nontidal wetlands
Indicate any tidal and/or nontidal floodplain, (FEMA)
Other. Lots with acreage, condition of shoreline, any proposed work,
buffers, water depths

IN NARRATIVE FORM:
Indicate predominant soil type present
Indicate ccoposition of predominant canopy trees, minor trees, shrubs and
herbaceous layers (use Latin names as well as common)
Indicate wild animals present; indicate aquatic resources; breed bird
survey, if applicable
Describe method of control of stormwater or methods to minimize any
adverse impacts from pollution; include stormwater management for
impervious surfaces after construction
Describe any measures to be taken to mitigate impacts of this project
Acreage of woodland, woodland to be disturbed for all uses,
reforestation plan
Impervious coverage (existing and proposed)
Parcel acreage, number of lots, average lot size, range of lot sizes
Environmental Review Statement from Department of Natural Resources
Project notification from Critical Area Commission

Should you need further assistance or have questions, please contact the Environmental
and Special Projects Section at 280-1270.

Incomplete submittals will be returned

- 28 -

SAPEAKE BAY CRITICAL AREA INFMATION (SHORT FORM)

Your project lies within the 10001 Critical Area, as defined by Senate Bill
664 and is classified In rendering a decision, the County
shall make specific findings regarding stormwater management impacts and
impacts to animal and plant habitat. The information is to be supplied by
the applicant and returned with five (5) copies to the Office of Planning
and Zoning for review at least three (3) weeks before the scheduled
hearing. Please include a vicinity map, and complete the following items
checked.

As a minimmn, the following information is to be provided:

Describe nature of or reason for variance.

ON PLAN TO SCALE

Indicate steep (15% or greater) slopes;

Indicate existing tree line, individual trees and all
proposed clearing or areas to be disturbed;

Indicate tidal and/or nontidal wetlands;

Indicate any tidal and/or nontidal floodplain;
(FEMA Zone-el

Other

IN NARRATIVE FORM

- Indicate composition of predominant canopy trees, minor
trees, shrubs and herbaceous layer;

Indicate wild animals present; indicate aquatic resources;

Describe method of control of stormwater or methods to
minimize any adverse impacts from pollution. Include handling of
stormwater from impervious surfaces after construction;

Describe any measures to be taken to mitigate in-pacts of this
project;

Acreage of lot; total impervious coverage construction;

Total woodland; total disturbance; total woodland after
disturbance; linear water frontage.

Please call the Environmental and Special Projects Division at 280-1272
should you need additional information or need to make an appointment.

INCLUDE Tax Map, Block, Parcel; owner's name and address

29-

CHESAPEAKE BAY CRITICAL AREA CONMISSION
DEPARINENT OF NATURAL RESOURCES
275 WEST STREET - SUITE 320
ANNAPOLIS, MARYLAND 21401

NOTIFICATION OF PRWECT APPLICATION

Jurisdiction: Date:

Name of project/applicant (site name, developer, or other):

Local case number

Project location:
Description

Tax Map Block Parcel

Type of application:
Subdivision
Site plan
Variance
Rezoning Existing Pro-posed
Special Exception or @-c@n-ditional Use
Proposed Use
Grading Permit
Other

Description of project and site:
Proposed use

Current use

Type (s) and acreage (s) of Development Area (s):
Total acreage of property
Total acreage in Critical Area
Acreage in: IDA
IDA
RCA

Local jurisdiction contact requirements:
Contact person
Telephone number
Response required by

- 30

INFORMATION REQUIRED FOR PROPOSED SHORE EROSION CONTROL PROTECTS

In order to determine whether a property owner's proposed shore erosion control project is
consistent with Anne Arundel County's Critical Area Program, the staff of the Office of
Planning and Zoning needs certain basic information. Please ccuplete this form, enclose
either or both recent photographs of the shoreline, a vicinity map noting the site
location and a rough sketch of what is proposed.

Anne Arundel County, Office of Planning and Zoning
Environmental and Special Projects Division
Arundel Center, Rom 220
44 Calvert Street
Annapolis, Maryland 21401

1. Property owner(s) Daytime Phone No.
Hcme Phone No.
2. Property address

3. Owners address (if different fran above)

4. Agent (if any) Telephone No.
Address

5. Present use of property (1)- Residential, (2) Other (please)
(specify)
6. Water body on which your property is located
7. Character of shoreline:
a. Approximate length of shoreline to be treated feet
b. Approximate height of bank or existing bulkhead feet
c. Condition of your shoreline:
Eroding bank
Deteriorated bulkhead
Palling trees
other (please specify)
8. Character of adjacent property's shorelines:
To left, looking at water Tb right, looking at water
Bulkheaded Bulkheaded
Riprapped Riprapped
Eroding Eroding
Stable nature shoreline Stable nature shoreline
9. What do you propose to do to the shoreline?
Bulkhead
Riprap
Groins or breakwaters
Marsh creation
Beach nourishment
You may call the EEvironmental and Special Projects Division at (301) 280-1270 if you have
any questions about what types of projects are suitable to your shoreline.

31-

IV. APPENDIX
01. Glossary

2. List of consultants: Wetland identification; C.A. experience

3. List of Engineers: C.A. experience

4. Buffer planting brochure

5. Reference to the Habitat Assessment Manual

6. Reference to the Reforestation Manual

iiiiimi@ilillilliell
1 3 6668 14103 5776 .