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


      Natural Resources-Dishict Evaluation




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                                                       INFORMATION CENTER



                                    HARFORD COUNTY, MARYLAND










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                        NATURAL RESOURCES DISTRICT EVALUATIOY















                                    Submitted by:

                                Richard Eberhart Hall
                                Envi ronmental Planner
                  Harford County Department of Planning and zoning
                                   October 3. 1990






           HARFORD COUNTY'S
          NATURAL RESOURCES
                 DISTRICT
                  . ............








                                                1. What is the Natural Resources District?


                                            Harford County protects many of the its sensitive environmental features
                                         through the Natural Resources District (NRD) Subsection of the Zoning
                                         Code. The coastal portion of the County is protected by the County's version
                                         of the Chesapeake Bay Critical Area Management Act, The NRD regulations
                                         currently apply to the following natural features:

                                            ï¿½  Steep Slopes - any land area exceeding forty thousand (40,000) square
                                               feet with a slope in excess of twenty-five percent (25%).
                                            ï¿½  Nontidal Wetlands - Any area or nontidal wetlands exceeding forty
                                               thousand (40,000) square feet, including but not limited to areas desig-
                                               nated as "areas of critical state concern" by the Maryland Office of State
                                               Planning. This type of NRD also includes an undisturbed seventy-five (75)
                                               foot buffer around the perimeter of the wetlands. For the purpose of these
                                               regulations, nontidal wetlands are delineated according to the U.S. Fish
                                               and Wildlife Service's definition.
                                            ï¿½  Streams - The regulations specify certain streams in the County which
                                               receive a one hundred fifty (150) foot buffer on both sides of the center
                                               line of the stream, or a fifty (50) foot buffer beyond the one hundred-year
                                               floodplain; whichever is greater. The tributaries to these streams which
                                               have a watershed of more than four hundred (400) acres receive a seven-
                                               ty-five (75) foot buffer on both sides of the center fine of the stream. In
                                               addition to these buffer requirements, a buffer of fifty (50) feet, plus four
                                               (4) feet for each one percent increase in slope measured from the water's
                                               edge is required.

                                           The areas protected by the NRD regulations are generally to be left undis-
                                         turbed. Permitted activities in the NRD include: agriculture, forestry,
                                         provision of utilities, and stormwater management facilities. Permitted ac-
                                         tivities must meet conservation requirements.

                                           One unique provision of the regulations allows an adjustment in the style of
                                         development permitted on a site. In situations where more than thirty percent
                                         (30%) of a parcel zoned residential or agricultural, as of September 1, 1982, is
                                         within the NRD, the housing types and design requirements, excluding gross
                                         density, of the next most dense residential district may apply, provided that
                                         sensitive environmental features on the site are protected. When this adjust-
                                         ment is used, development can not occur on slopes in excess of fifteen percent
                                         (15%) for an area of forty thousand (40,000) square feet or more.






                                11. Why is Protecting these Areas Important?
                               These regulations are designed to protect: stream and associated life
                            forms from stormwater runoff, sediment, and high temperatures; steep slopes
                            from erosion and slope failure; and nontidal wetlands and associated life
                            forms from sediment and stormwater runoff. Compare Figure 1 with the
                            cover figure.






                                             Loss of
                                           habitat area        Increased stormwater pollutant
                                                                            runoff and sediment




                                                                 Erosion of slope


















                                        Figure 1
                               The natural features of the environment are left undisturbed during the
                            development process as much possible. This translates into more attractive
                            developments and a healthier overall environment for the County than would
                            otherwise be the case. If these regulations were not in place, the impact of
                            development on the environment would be much greater. Without the NRD
                            regulations, environmental problems could include the following:








                                             ï¿½ Steep Slopes - These sensitive areas can cause problems when built on.
                                               Development on steep slopes can cause land slides, slope creep, ac-
                                               celerated erosion, and other slope failures. Such slope problems lead to
                                               loss of vegetation, structural problems, and increased sediment in downhill
                                               streams.
                                             ï¿½ Nontidal Wetlands - Without protection, many nontidal wetlands could
                                               be filled in; and all of their associated environmental benefits could be lost
                                               (i.e., habitat, filtering of stormwater, etc.). In addition, the buffer helps to
                                               prevent pollution from reaching the wetlands. The buffer areas also act
                                               as limited habitat areas.
                                             ï¿½ Streams - Development activities could cause many streams to be piped
                                               and covered, and more streams could then receive heavy doses of sediment
                                               and other stormwater pollutants, and a large portion of the protective tree
                                               cover along streams would be lost in many cases. The overall health of the
                                               stream and its inhabitants could be reduced. Flora and fauna protected
                                               by the seventy-five foot buffer to stream would most likely be lost or
                                               depleted. In addition, the visual buffers created because of the NRD
                                               would be less likely to eidst.

                                                  111. How does this affect development?


                                             If you are a developer, NRD areas must be delineated on site or prelimi-
                                        nary plans, and are subject to field verification and inspections.

                                             If you are a homeowner, you may have NRD areas on your property which
                                        are basically to be left undisturbed; or your community association may own
                                        these areas, in which case the same regulations apply.

                                                                  IV. More Questions?


                                             If your have any questions regarding the Natural Resources District regula-
                                        tions and their application, call the Harford County Department of Planning
                                        and Zoning at 301.838.6000 eid. 103.

                                             The NRD regulations are working to protect the County's natural environ-
                                        ment.


























                                   ACKNOWLEDGEMENTS



          I would like to thank the members of the Environmental Planning
          Section (Andy Meyer, Pat Farr, Brian Williams, and Patricia
          Bernhardt) of the Harford County Department of Planning and zoning
          for their assistance in the preparation of this document.       Ms.
          Tania Benfield developed the cover of this report.










          Preparation of this document was funded in part by the Coastal
          Resources Division of the Maryland Department of Natural Resources
          through a grant from the Office of Ocean and Coastal Resources
          Management, National Oceanic and Atmospheric Administration.








                                               TABLE OF CONTENTS


                   Chapter                                                                    Page

                   1. Introduction                                                              1--2

                   11. Findings                                                                 3-4

                   111. History & Scope of the NRD Regulations                                  5

                   IV. Methodology                                                              6-7

                   V. Application of Evaluative Criteria to the Regulations                     8-14

                   VI. Conclusion                                                                15



                                                   APPENDICES


                         A. Draft Amendments to Natural Resources District Regulations

                         B. Field Inspection Sheets

                         C. Synoposis of Field Visits

                         D. Public Information Brochure


                         E. Variance Information Requirements







                                              1. INTRODUCTION


          This evaluation of Harford County's Natural Resources District (NRD) Regulations ( ï¿½267-
          41 - D. of the Harford County Code) assesses the effectiveness of these regulations In terms
          of their ability to protect the County's natural environment. The NRD has been In place for
          a number of years and it is time to fine tune* it. In some cases, there is a need to expand
          the regulations, and to better coordinate and clarify them in other cases.

          Currently the NRD regulations apply to the following natural features: nontidal wetlands,
          steep slopes, and streams; adding rare habitat protection areas Is one of the suggested
          changes discussed In this document. These regulations help to protect: streams and
          associated life forms from stormwater runoff, sediment, and high temperatures; steep
          slopes from erosion and slope failure; nontidal wetlands and associated life forms from
          sediment and stormwater runoff, and in the future they may protect rare habitats. Some
          of the underlying goals used to guide this evaluation of the NRD include:

             A. Making the regulations as equitable as possible;

             B.  Revising the regulations so that there is a clear connection between the text and
                 what is applied on the construction site;

             C.  Setting standards which will allow a potential developer to know as early as
                 possible what the environmental constraints for development are on a site;

             D.  Revising the regulations to respond to deficiencies which were detected during on-
                 site inspections.

             E.  Protecting the natural resources without burdening the overall plan review
                 process, and otherwise making the regulations as clear and easy to follow as
                 possible; and

             F.  Improve the regulations and their implementation while maintaining as much of
                 existing ordinances and other institutional infrastructure as possible.

          The backbone of this report Is an appraisal of the NRD in terms of the following evaluative
          criteria:


                        e The adequacy of the context and content of the text,

                        * The level and scope of protection provided to the natural features,

                        & The ease of implementation,

                        * 7he level of coordination between involved organizations,-

                        # The level of compliance with the regulations, and








                         7he level of the public's understanding of the regulations.

          Once these six aspects of the NRD were reviewed and problems/deficiencies Identified,
          potential Improvements to the regulations were developed. Potential remedies for Issues
          raised regarding each of the evaluative criteria are listed under the "Suggested Action'
          headings in Chapter V. Although some of the listed remedies may be addressed via policy
          changes In the Department of Planning and Zoning, most will be addressed via draft
          legislation in Appendix A.









































                                                      2








                                                 11. FINDINGS





          The following are the findings of this project. Steps to be taken In order to address these
          findings may be found in Chapter V (Application of the Evaluative Criteria to the
          Regulations) under the "Suggested Action' headings.

          A. The development community and homeowners need a better understanding of the
             regulations.
          B. Although there Is a need for'expanding the scope or coverage of the regulations, the
             existing ones are not being enforced as well as they should be; and efforts should be
             concentrated on Improving the compliance with the existing regulations.

          C. The Department of Planning and Zoning staff need stronger enforcement tools at their
             disposal. Such enforcement tools may include:

             1. Stop-work order authority;
             2. Requirement for performance bonds for areas to be protected; and
             3. Development of a fine schedule for infractions.

          D. Sediment control and stormwater management facilities should be properly Installed
             and maintained since stormwater and resulting sediment and erosion are the primary
             pollutants from development which harm the environmental features protected by
             the NRD.


          E. The actual text of the regulations needs some changes to clarify its intent and
             applicability.

          F. The scope of the regulations may need to be expanded In certain situations. Thism'ay
             Include adding significant plant and Widlife habitats to the regulations.

          G. There is a need for additional related, but separate, environmental regulations In the
             County (i.e., a tree preservation and reforestation ordinance and stormwater quality
             management) In order to provide more comprehensive environmental protection.

          H. Existing related regulations/permit processes need to be better coordinated with the
             NRD regulations to prevent loopholes, and increase the ease In administering these
             regulations/permits (i.e., people obtaining a forest harvest permit and subsequently
             clearing an NRD area, and then developing that area).

          1. As with the administration of most regulations, staffing is a problem in properly
             enforcing the NRD regulations. More staff are needed for site Inspections and
             related enforcement.




                                                       3







         J. An Interface must be developed between the State's new nontidal wetland regula
            tions and the corresponding component of the NRD regulations. Steps will need to be
            taken to insure that these two regulations do not conflict, and that there is minimal
            program overlap and duplication.













































                                                    4







                           111. HISTORY AND SCOPE OF THE NRD REGULATIONS



           The Harford County Department of Planning and Zoning developed a Natural Resource
           District in 1982. This was done in response to Increasing Interest in the protection of nonfidal
           wetlands. Amendments for the NRD were generated, presented, and adopted by the
           County Council in 1985. These amendments included regulations to protect nontidal
           wetlands, stream valley corridors, and addressed overlapping provisions between the
           N RD regulations and newly enacted state regulations. The tidal wetland and the shoreline
           provisions of the NRD regulations were superseded with the advent of the Maryland
           Chesapeake Bay Critical Area Management Act In 1988.

           More specifically, the NRD regulations currently apply to the following natural features:

           A. Steep Slopes: any land area exceeding forty thousand (40,000) square feet with a
               slope in excess of twenty-five percent (25%).
           B,  Nontidal Wetlands: Any area of nontidal wetlands exceeding forty thousai@d (40,000)
               square feet, including but not limited to areas designated as @areas of critical state
               concerno by the Maryland Office of State Planning. This type of NRD also includes an
               undisturbed seventy-five (75) foot buffer around the perimeter of the wetlands. For
               the purpose of these regulations, nontidal wetlands are delineated according to the
               U.S. Fish and Wildlife Service's definition.

           C. Streams: The regulations specify certain streams In the County which receive a one
               hundred fifty (150) foot buffer on both sides of the center line of the stream, or fifty (50)
               foot buffer beyond the one hundred-year floodplain; whichever is greater.:The
               tributaries to these streams which have a watershed of more than four hundred (400)
               acres receive a seventy-five (75) foot buffer on both sides of the center line of the
               stream. In addition to these buffer requirements, a buffer of fifty (50) feet, plus four (4)
               feet for each one percent increase in slope measured from the water's edge is re
               quired.

           The areas protected by the NRD regulations are generally to be left undisturbed.
           Permitted activities In the NRD include: agriculture, forestry, provision of utilities, and
           stormwater management facilities. Permitted activities must meet conservation require-
           ments specified in the overlay district.

           One unique provision of the regulations allows an adjustment In the style of development
           permitted on cr site. In situations where more than thirty percent (30%) of a parcel zoned
           residential or agricultural as of September 1, 1982, Is within the NRD, the housing types and
           design requirements, excluding gross density, of the next most dense residential district
           shall apply, provided that sensitive environmental features on the site are protected.
           When this adjustment is used, development shall not occur on slopes in excess of fifteen
           percent (15%) for an area of forty thousand (40,000) square feet or more.



                                                           5








                                            IV. METHODOLOGY




          A  Gathering of Information



             1. Information for this report was gathered from a variety of sources. The primary
               sources were the following:



                a.     Weekly Meetings between the Current gnd Coml2rehensive Div@ions - this
                       evaluation of the NRD began with weekly meetings between the Compre
                       hensive Planning and Current Planning Divisions of the County's Department
                       of Planning and Zoning. The Department Is divided into the these two
                       divisions, and further into sections. The Current Planning Division, or more
                                                                                         '_ ided
                       specifically, the Development Review Section of that division, prov
                       valuable input regarding this project. These meetings Involved reviewing the
                       regulations word for word and discussing problems and deficiencies related
                       to the regulations; possible solutions and improvements to the regulations
                       were also discussed. Meetings were conducted for approximately two
                       months.


                b.     Prg,=,:DeveIoI2mgnt Adviso1y Committee Meeting$ - Information for this report
                       was also collected during Pre-Development Advisory Committee (Pre-DAC)
                       meetings. These are weekly meetings held with planners from boftf the
                       Current and Comprehensive Divisions of the Department. Development
                       proposals (site and preliminary plans) are reviewed and commented on
                       during these meetings, and the application, or lack thereof, of these regu
                       lations are often discussed.


                C.     Site Visits - Visits to development sites were arranged to observe how well
                       the regulations were being implemented on the actual development sites.
                       Field sheets were used to disaggregate the different protected environ
                       mental components so that a field determination could be made as to the
                       level of protection actually being provided by the regulations. A copy of one
                       of these field sheets Is provided In Appendix B. For a synopisis of field visits see
                       Appendix C.
                         I
                d.     General Input - Input was obtained from the development community and
                       staff in general.

                e.     Review of Other Jurisdictions' Regulations_- Similar regulations from other
                       jurisdictions were examined to provide different techniques for protecting
                       environmental features at the local government level.


                                                       6









          B. Evaluative Criteria




          Six evaluative criteria were used to serve as a framework to aid in the development and
          organization of this report. The evaluative criteria are as follows:



                a. The adequacy of the context and content of the text;

                b. The level and scope of protection provided to the natural features of the
                   regulations;

                c. The ease of implementation;

                d. The level of coordination;

                e. The level of compliance with the regulations; and

                f. The level of the public's understanding of the regulations.



























                                                      7








                         V. APPLICATION OF THE EVALUATIVE CRITERIA TO THE
                                                 REGULATIONS




           The Evaluative Criteria were applied to the NRD and its institutional framework. Each
           criterionhasa 'Suggested Actiong heading which recommends steps to remedy problems
           associated with the criteria as they apply to the NRD.

           A. The Adequacy of the Context and the Content of the Text

           As mentioned above, the regulations were reviewed word by word In weekly meetings
           between Current Planning and Comprehensive Planning Staff. Many changes to the text
           were suggested for clarification purposes. These have been documented and may be
           incorporated into draft legislation for amendments to existing regulations. See Appendix
           A for draft amendments to the NRD regulations.

           For example, mention was made In the meetings to delete a large portion on the
           paragraph (ï¿½267-4l.D.2.c. of the Harford County Code) which deals with stream buffers.
           This paragraph lists streams which have a 150 foot buffer on each side, and it also states
           that all tributaries to those listed streams which have a drainage basin of at least 400 acres
           shall have a 75 foot buffer on both sides. According to the nontidal definition that the
           County currently uses, streams usually constitute a nontidal wetland. Since the NRD regu-
           lations require a 75 foot buffer, streams receive the same level of protection regardless.
           Deleting the reference to tributaries of the listed streams eliminates a large amount of
           effort In determining which tributaries have a drainage basin of at least 400 acres, and
           where these tributaries actually are. A more visible way of determining which streams will
           receive protection is to add language to the regulations which states that all streams
           shown on the U.S. Soil Conservation Service's Soil Survey will have at least a 75 foot buffer.
           This source comprehensively delineates the County's intermitent and perenial streams.
           Development planning and implementation of the regulations will be simplified by this
           new provision.


           Suggested Action:
           See Appendix A for draft legislation.

             I . Delete current language in the NRD regulations which refers to the tributaries of
                 the listed streams.

             2.  Add language to.state that all streams not listed in the regulationswhich are shown
                 on the Soil Survey, Harford County, U.S. Department of Agriculture, Soil Conser-
                 vation service shall receive at least a 75 foot buffer.

             3.  Reword other portions of the regulations to clarify Intent and to make them more
                 understandable.


                                                         8







           B. The level and scope of Protection Provided to the Natural Features and
              Regulations

           This criterion lies at the heart of the NRD regulations. Basically, It explores the adequacy of
           the regulations In terms of the natural areas they protect and what regulations apply to
           these areas.


           Many suggestions were made regarding this criterion during the in-house meetings and
           elsewhere. Basically, the consensus is that the scope (the natural features covered by the
           regulations) of the regulations Is adequate In most cases. The level of protection (the
           regulations applied to the natural features covered by NRD) of the regulations have
           received most criticism.

           It has been suggested that the scope of the NRD should be expanded and the level of
           protection made higher, however, the size of the buffers (the backbone of the regula-
           tions) seem adequate In most cases (see Stream Buffers). The primary problem is that the
           buffers are not being protected to the level that the NRD regulations, and others,
           mandate that they should be (this will be discussed further In the Compliance section
           below).

           The major observation noted during site visits conducted for this report was that sediment
           was intruding Into the buffers and Into streams. In many cases sloping areas leading down
           toward the buffers added to the problem. (See synoposis of site visit in Appendix Q. For
           this reason, efforts should be made to Increase the level of protection provided to the
           buffers. In addition, the scope of the regulations should be expanded to includer stream
           buffers along slope areas. See draft legislation in Appendix A for more information.

           Another Issue which was discussed In Section A of this Chapter, was that of determining
           which streams, other than those listed in the regulations, receive protection via the NRD
           regulations. The new suggested provision to require a 75 foot buffer to all perennial and
           intermittent streams designated In the Soil Survey (Harford County Soil Conservation
           Service, U.S. Department of Agriculture) will Increase the level of protection for these
           streams. A limited number of streams not listed In the regulations or delineated in the Soil
           Survey may still receive protection as a nontidal wetiand. However, this situation should
           not occur as often as it presently does.

           The addition of habitat protection areas (HPAs) to the regulations is a completely new
           expansion of the scope of the NRD. This Department conducted Coastal Management
           Grant In Fiscal Years 1987,1988, and 1989 which located rare species habitat areas. This
           report also suggested what protection buffers surrounding the HPAs would be needed to
           sustain the species and mapped corresponding habitat protection areas. These areas
           should receive the protection of the NRD regulations.







                                                          9







           Suggested Action:

           Although draft legislation Is attached In Appendix (A), suggested alterations to the
           regulations which would Increase the level and scope of protection for Identified sensitive
           environmental features include the following-

             1. Expanding the 75 foot stream and non-tidal wetland buffer for sloped areas
                 adjacent to these two environmental features depending on the percent slope;

             2.  Prohibiting the deposling of animal manure from agricultural activities in NRD areas;

             3.  Allowing only those agricultural practices In the NRD which are operating under
                 an approved Soil and Water Conservation District Plan, or those which provide a
                 25 foot vegetated buffer strip along all water courses and ditches;

             4.  Deleting forestry as a permitted use In the NRD;

             5.  Better define the term utilities and require more specific mitigation from distur-
                 bance in the NRD caused by the Installation of utilities;

             6.  Require that @essentlalff roads obtain a waiver in order to disturb the NRD;

             7.  Develop a more standardized NRD variance process Including mitigation requi-
                 rements (see Appendices A and E);

             8.  Insure that forest harvest permits (although not part of the NRD regulations) are
                 not being used as preparation for development (this Issue Is being addressed via
                 the County's Forestry Coastal Zone Management Report);

             9.  Adding significant plant and wildlife habitats (HPAs) as new components to which
                 the NRD regulations would apply;

             10. Developing mitigation measures for disturbances (permitted as well as violations)
                 to NRD areas; and

             11. Strengthen conservation requirements for permitted uses in the NRD.


           C. The Ease of Implementation

           This criterion overlaps with many of the others, therefore, only issues unique to implemen-
           tation will be discussed in this section.

           Now that the regulations have been administered for approximately four years, their
           implementation has become fairly standardized. However, as with the administration of
           most regulations, there is room for improvement.



                                                       10







            3. Specifically state what types of activities are permitted In NRD areas;

            4. Standardize the NRD variance and miti  gation process; and

            S. Amend the regulations to Interface with the State's new nontidal wetlands
                program.

         D. Level of Coordination


         The breadth of the NRD regulations touch on many different governmental agencies on
         all three levels of government (local, state, and federal). The County's Department of
         Planning and Zoning administers the regulations; however, the following is a list of other
         involved agencies.

            1. Harford County Department of Public Works (DPW) - this department houses the
                sediment control program, and is affected by the regulations when constructing or
                repairing infrastructure in NRD areas. DPW also issues Forest Harvest Permits.

                Suggested Action:

                a. Better communication with the Department of Planning and Zoning;

                b. A better understanding of the regulations; and

                c. A higher level of conformance to the regulations.

            2.  Ma[yland Department of Natural Resources (DNR) - this department administers
                a variety of permits which deal with tidal and nontidal wetlands as well as water
                quality and waterway construction permits. This department also comments on
                NRD variances.


                Suggested Action:

                a. Better communication with the Department of Planning and Zoning regarding
                  violations and inspections.

            3.  U.S. Army Corl2s of Engineers - permits must be obtained from the Corps for dredge
                and fill activities in their "Section 404' nontidal wetland areas.

                Suggested Action:

                a. Coordination with the Department of Planning and Zoning on enforcement
                  issues.

            4.  U.S. Department of Agriculture, Harford Cou& Soil and Water Conservation
                District (SCD) - this organization signs off on sediment control plans and forest
                harvest permits. SCD also participates in the Development Advisory Committee


                                                   12







                 meetings.

          Suggested Action:

                 a. Better communication and support with the Department of Planning and
                    Zoning.

          E. The Level of Compliance with the Regulations

          The lack of compliance with the NRD regulations is Its major weakness. Some of the
          noncompliance is the result of ignorance; however, much of it seems to be a disregard
          of the regulations. Many times violations occur on a site prior to any applications for
          permits or approvals so that once actual development does occur, the NRD violations
          have already resulted (i.e. grading steep slopes, filling wetlands, etc.).

          A contributing factor to the compliance problem Is that there is very little to deter one from
          violating the NRD regulations. Currently, zoning violations are Issued for infractions, which
          then denies any further approvals for the developer until the violation is remedied.
          However, often times the violations are lifted, never given, or poorly mitigated due to lack
          of technical understanding of the violation Issues.

          Suggested action:

             1 . Stol2-Work Order Authorily -  This would allow the Department of Planning and
                 Zoning to shut down development activity on the construction site until the
                 infraction was remedied. Adjacent Jurisdictions possess this power. The Depart-
                 ment of Public Works has this authority as well.

             2.  Performance Bonds - A predetermined amount of money (in the form of a bond
                 posted by the developer) would be presented by the developer to insure the
                 protection of the NRD areas. Once the development was completed and
                 adherence to the regulations was confirmed, the bond would be released. Many
                 Jurisdictions (including Harford County) require bonds or escrow funds from devel-
                 opers fo landscaping and infrastructure improvements.

             3.  Ones A fine schedule for violations of provisions of the regulations should be
                 developed. Neighboring jurisdictions include fines for violations of their
                 similar regulations.

             4.  Sediment Control - Although the sediment control regulations are separate from
                 the NRD,regulations, these two sets of regulations are quite interconnected. It is
                 difficult for the buffers required under the NRD regulations to provide protection
                 to the environmental features if sediment control Best Management Practices
                 (BMPs) are not functioning properly. Site visits revealed blown-out silt fences (a
                 sediment control BMP) with sediment covering the ground from the edge of the
                 NRD 75-foot buffer, where the silt fence was located, down to and into the stream
                 ofwetland (see Appendix B).


                                                         13








                 The NRD 75-foot buffersare intendedto providestreams and nontidalwetlandswith
                 an area where runoff can be filtered, and flora and fauna are provided with a
                 limited habitat in these areas. These buffers are not intended, however, to act as
                 sediment traps. With this In mind, more attention must be focused on the County's
                 sediment control program. More inspections should be conducted, and more
                 violations should be mitigated.

             S.  Pre-determined Mitigation Provisions - Mitigation requirements should be devel
                 oped which would take effect when a NRD violation occurred. Violators would
                 have to meet the mitigation requirements in order to bring their project onto
                 compliance. If litigation occurred, having the mitigation provisions already In place
                 would aid the court In reaching a decision. If mitigation was the remedy, having
                 these provisions In place could greatly Increase the chances of proper settlement.
                 Such provisions should be coordinated with the performance bonds so that the
                 mitigation required for disturbances to the NRID Is spelled out, and the developer
                 will know what is required In order to release the bond if NRID disturbance has taken
                 place. These mitigation provisions would be similar to the Critical Area mitigation
                 standards.

           F. Level of the Public's Understanding of the Regulations

           If the people do not understand or are unaware of the regulations, then it is likely that the
           regulations are not going to be followed properly. Generally speaking, the development
           community is quite aware of the regulations, although they might not completely
           understand them; the general public/homeowner may not be aware of the regulations
           at all.


           Suggested action:

             1. General Public/Homeowner Education

                 a. Brochures - to give a basic explanation of the major provisions of the regulation
                    and how they affect the public (see Appendix D);

                 b. Notification of NRD areas on plats, deeds, etc. along with permitted uses and
                    activities in such areas (see Appendix A); and

                 c. Workshops for the development community, real estate community, and home
                    owners - to explain the regulations, where to get different related permits, etc.









                                                         14










                                              V1. CONCLUSION



           When the Natural Resource District regulations were first Implemented they were quite
           progressive and ahead of other jurisdictions regarding local government protection of
           sensitive natural features. Since that time the State has developed and implemented
           regulations which address two of the major protected components of the NRD regula-
           tions. These two components are shoreline areas, now protected by the Chesapeake Bay
           Critical Area Management Act; and nontidal wetlands, now protected by the State's new
           nontidal wetland regulations. Now Is an opportune time to evaluate the NRD regulations
           In light of the new related State regulations.

           The NRD regulations have a strong foundation in the County; however, it is time for some
           @fine tuning". This report has: outlined different approaches for evaluating the regulations
           (evaluative criteria), analyzed the regulations In terms of the evaluative criteria, and
           developed suggested action to remedy deficiencies found in the application -of each of
           the evaluative criteria to the regulations. Suggested actions include draft legislation (see
           Appendix A), modification of existing policies, and the development of educational
           materials. All of these measures are intended to provide better protection to the sensitive
           natural features within Harford County.

























                                                      15



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 I      Draft Amendments to the Natural
 I        Resources District Regulations
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                                        APPENDIX A
           This'Appendix is the existing Harford county Natural Resources
           District (Subsection 267-41.D. of the Harford County Code). Draft
           amendments have be incorporated into the existing regulations which
           represent one of the major implementation measures of this NRD
           Evaluation.

           The existing text and format of the regulations were kept intact as
           much as possible. New proposed language is written in all capital
           letters (NEW LANGUAGE) .     Proposed deletions are indicated with
           brackets [deletion].



           D.   Natural Resources District. [Amended by Bill Nos. 85-12;
           88-22]

                 (1) Purpose.     The intent of this overlay district is to
           preserve significant/special environmental features identified
           herein and to:

                      (a) Provide uniform guidelines for orderly development
           and use of land within the Natural Resources District to protect
           the ecology of the area.

                      (b)  Protect steep terrain.

                      (c)  Protect water quality in streams and rivers.

                      (d)  Minimize erosion/siltation and protect essential
           vegetation.

                      (e)  Protect nontidal wetlands.

                      (F)  PROTECT RARE SPECIES HABITATS.

                      (f)  Protect persons and property from environmental
           hazards such as erosion, siltation and floodwaters.

                 (2) Application. The Natural Resources District shall apply
           to the following environmental features:

                      (a) Steep slopes: any CONTIGUOUS land area exceeding
            f orty thousand (4 0, 0 0 0) ] TWENTY THOUSAND (2 0, 0 0 0) square f eet with
           a slope  in excess of twenty-five percent (25%).

                      (b) (Marsh    areas]    NONTIDAL   WETLANDS:    ALL    AREAS
           DESIGNATED AS NONTIDAL WETLAND IN ACCORDANCE WITH THE STATE OF
           MARYLAND'S NONTIDAL WETLAND ACT      [any area of nontidal wetlands
           exceeding forty thousand (40,000) square feet], including but not

                                              1









           limited to areas designated as "areas of critical state concern" by
           the Maryland [Department] OFFICE of State Planning. The Natural
           Resources District boundaries under this provision shall include
           the buffers described in Subsection D(5)(e) below.

                      (c) Streams: the following streams, including Broad
           Creek, Bynum Run, Carsins Run, Deer Creek, Grays Run, Ahha Branch,
           Herring Run, Little Gunpowder Falls, Rock Run, Peddler Run, Swan
           Creek, Winters Run (and their tributaries,] as identified on the
           Harford County Hydrology Map (1976 Revised Maryland Geological
           Survey Base Map 1:62,500), AND ALL STREAMS DESIGNATED AS
           INTERMITTENT OR PERENNIAL IN THE U.S. SOIL CONSERVATION SERVICE'S
           HARFORD COUNTY SOIL SURVEY. (Tributaries to the above streams which
           drain a subbasin of more than four hundred (400) acres are included
           in the Natural Resources District stream designation. The acreage
           of a subbasin is determined at the point of confluence with another
           stream identified on the County Hydrological Map.]       The Natural
           Resources District area for stream protection OF THE LISTED STREAMS
           ABOVE shall be a minimum distance of one hundred fifty (150) feet
           on both sides of the center line of the stream or fifty (50) feet
           beyond the one-hundred-year floodplain, whichever is greater, and
           along (their tributaries] ALL OTHER STREAMS for a minimum of
           seventy-five (75) feet on both sides of the center line of the
           tributary, OR 25 FEET BEYOND THE ONE-HUNDRED-YEAR FLOODPLAIN,
           WHICHEVER IS GREATER. THE STREAM BUFFER SHALL BE EXPANDED IN AREAS
           WHERE SLOPES OCCUR ADJACENT To PROTECTED STREAMS.        THE WIDTH OF
           BUFFER SHALL BE DETERMINED BY THE AVERAGE PERCENT SLOPE INCURRED
           WITHIN THE AREA SEVENTY-FIVE (75) FEET LANDWARD OF THE EDGE OF THE
           STREAM.    BUFFER WIDTH SHALL BE DETERMINED ACCORDING TO THE
           FOLLOWING SLOPES ALONG STREAMS.

                AVERAGE PERCENT SLOPE                 WIDTH OF BUFFER (IN FEET)
                    TO WATERCOURSE                     ON EACH SIDE  OF STREAM


                             1-10                                  75
                           11-20                                 100
                           21-30                                 150
                           31-40                                 200
                           41+                                   250




           The Natural Resources District boundaries under this provision
           shall include the buffer requirements of Subsection of this
           section.


                      (D) RARE SPECIES HABITATS: HABITAT PROTECTION AREAS AS
           MAPPED ON  THE DEPARTMENT'S HABITAT PROTECTION AREAS MAPS.

                 (3)  Use restrictions.       The following uses shall be
           prohibited:


                                             2









                      (a)  [Mining or excavation, except existing operations of
           either, and dredging, except s uch dredging as may be permitted by
           state law.]
                          MINING, EXCAVATION, AND DREDGING:         EXCEPT FOR
           EXISTING OPERATIONS OF MINING AND EXCAVATION.           DREDGING IS
           PERMITTED IF CONDUCTED PURSUANT TO STATE LAW.

                      (b) Deposit or landfills of refuse, solid or liquid
           waste, except manure. Acceptable fill IS permitted FOR STREAM BANK
           EROSION CONTROL IF CONDUCTED PURSUANT TO APPLICABLE STATE AND
           FEDERAL PERMITS. (by the United States Army Corps of Engineers may
           be used for stream bank erosion control.]

                      (c) Alteration of the streambed and bank of a waterway,
           except for ACCEPTED best management practices to reduce stream
           erosion and maintenance of stream crossings for agricultural
           purposes PURSUANT TO APPLICABLE STATE PERMITS.

              1 (4) Permitted uses.       The following land uses shall be
           permitted, provided that the conditions described herein are met:

                      (a) Agriculture.     Agriculture shall be permitted,
           provided that accepted soil conservation practices of the HARFORD
           COUNTY Soil Conservation [Service] DISTRICT are implemented along
           watercourses or a twenty- f ive- f oot-wide grass filter strip along
           the edge of cropland bordering streams is provided to reduce
           surface runoff and associated pollutants from entering waterways.

                      [(b) Forestry.   Commercial timber operations shall be
           permitted, provided that a Forest Management Plan (FMP) is approved
           by the Maryland Forest, Park and Wildlife Service and the
           Department of Planning and Zoning.      Along streams, a buffer of
           fifty (50) feet, plus four (4) feet for each one-percent increase
           in slope, measured from the water's edge, shall be provided. The
           restriction on harvesting within this buffer may be waived,
           provided that a site-specific Buffer Management Plan is prepared
           and approved as an amendment to the Forest Management Plan (FMP).
           The Buffer Management Plan shall address potential water-quality
           impacts and shall include a minimum undisturbed buffer designed
           according to site characteristics.     Trees within the buffer may
           also be harvested to remove diseased,            insect-damaged or
           fire-damaged trees in order to salvage the same or reduce potential
           stream blockage due to fallen timber. Landowners are exempted from
           the Forest Management Plan (FMP) requirement when timber is
           harvested for personal use only. Forestry operations within the
           urban residential districts (Ri, R2, R3 or R4) shall be required to
           meet the conservation requirements under Subsection D(5) below.)

                      (c) Utilities. The replacement of existing utilities or
           installation of new and accessory utilities will be permitted
           within the Natural Resources District. Following the placement of
           utilities, the disturbed land area shall [be stabilized and

                                             3










            reseeded. ] MEET THE MITIGATION REQUIREMENTS IN SUBSECTION D(10)
            BELOW.  Wherever technically f easible, a buf f er of seventy-f ive
            (75) feet from the water's edge shall be provided along
            watercourses.

                       (d) Stormwater management. Where [required] NO FEASIBLE
            ALTERNATIVE EXISTS, stormwater management facilities are permitted
            within the Natural Resources District,    .sublect to other Harford
            County Stormwater Management Regulations.            THE SITING OF
            STORMWATER MANAGEMENT FACILITIES SHALL REQUIRE MITIGATION PURSUANT
            TO SUBSECTION D(10).

                 (5) Conservation requirements.      The following conservation
            measures are required within this district:

                       (a) All PERMITTED development shall minimize soil
            disturbance during development and shall reduce soil erosion and
            sedimentation. EXCEPT FOR PERMITTED ACTIVITIES IN THIS SUBSECTION
            ALL OTHER DEVELOPMENT AND DISTURBANCES TO THE NATURAL RESOURCES
            DISTRICT ARE PROHIBITED.     AREAS DESIGNATED WITHIN THE NATURAL
            RESOURCES DISTRICT ARE NON-DISTURBANCE AREAS AND ARE TO BE LEFT IN
            THEIR NATURAL STATE.    When developing site plans, consideration
            shall be given to maintaining the existing drainageways within the
            Natural Resources District.

                       (b) FOR PERMITTED ACTIVITIES WITHIN THE NATURAL
            RESOURCES DISTRICT, clearing or removal of natural ground cover and
            vegetation in preparation for development shall        be minimized.
            Site development shall be clustered or designed in such a manner to
            preserve large contiguous tracts of woodland.            Clearing of
            woodlands shall not reduce the area coverage of trees below seventy
            percent (7 0%) . Along streams, a buffer with minimum width of f if ty
            (50) feet, plus four (4) feet for each one-percent increase in
            slope, measured from the water's edge, shall be provided. Trees
            within the buffer may be harvested to remove diseased,
            insect-damaged or fire-damaged trees to salvage the same or reduce
            potential stream blockage due to fallen timber. Essential access
            roads may be permitted to traverse the buffer VIA A WAIVER FROM THE
            DIRECTOR OF PLANNING. PERMITTED ACCESS ROADS IN THE BUFFER SHALL
            MEET THE MITIGATION REQUIREMENTS IN SUBSECTION D(10).

                       ((c) Sensitive     environmental      areas,      including
            significant/special    natural    features,   significant     wildlife
            habitats, saturated soils, highly erodible soils and designated
            scenic areas shall not be disturbed during any development.]

                       (d) Any land in excess of twenty- f ive-percent slope for
            an area of (forty thousand (40,000)] TWENTY THOUSAND (20,000)
            square feet or more shall not be cleared of natural ground cover or
            vegetation in preparation for development, except for necessary
            roads and utilities.    Not more than thirty percent (30%) of any
            land in excess of fifteen percent (15%) slope and less than twenty-

                                              4









           five percent (25%) slope shall be cleared of natural ground cover
           or vegetation in preparation for development.

                      (e) Nontidal wetlands shall not be disturbed by
           development.   A buf fer SHALL BE MAINTAINED IN AREAS ADJACENT TO
           WETLANDS WITH  THE GREATER OF ONE OF THE FOLLOWING WIDTHS: [of at
           least] seventy-five (75) feet; FIFTY (50) FEET BEYOND THE TWENTY-
           FIVE (25) FOOT BUFFER REQUIRED BY THE STATE NONTIDAL WETLAND
           PROTECTION ACT; OR TWENTY-FIVE (25) FEET BEYOND THE 100-YEAR
           FLOODPLAIN [shall be maintained in areas adjacent to wetlands].
           THE BUFFER SHALL BE EXPANDED IN AREAS WHERE SLOPES OCCUR ADJACENT
           TO NONTIDAL WETLANDS. THE WIDTH OF THE BUFFER SHALL BE DETERMINED
           BY THE AVERAGE PERCENT SLOPE INCURRED WITH THE AREA SEVENTY-FIVE
           (75) FEET LANDWARD OF THE EDGE OF THE WETLAND. BUFFER WIDTH SHALL
           BE DETERMINED ACCORDING TO THE FOLLOWING SLOPES.


                   AVERAGE PERCENT SLOPE             WIDTH OF BUFFER (IN FEET)
                    TO NONTIDAL WETLAND               ON EACH SIDE  OF STREAM


                             1-10                                 75
                           11-20                                100
                           21-30                                150
                           31-40                                200
                           41+                                  250


                      (F)  PERFORMANCE BONDS SHALL BE POSTED FOR THE TOTAL
           SQUARE FOOTAGE  OF NATURAL RESOURCES DISTRICT CONTAINED ON A SITE.
           THE BOND MUST BE POSTED BEFORE A GRADING PERMIT WILL BE ISSUED. AN
           AMOUNT OF FORTY CENTS ($.40) PER SQUARE FOOT OF NATURAL RESOURCES
           DISTRICT SHALL BE POSTED. THE DEPARTMENT SHALL INSPECT THE SITE
           THROUGH OUT THE DEVELOPMENT PROCESS. AT THE END OF THE FIRST YEAR
           A DETERMINATION OF THE CONDITION OF THE SITE'S NATURAL RESOURCES
           DISTRICT OVER THAT ONE YEAR PERIOD SHALL BE MADE, AND BOND REFUNDS
           SHALL BE MADE ACCORDINGLY. IF THE NATURAL RESOURCES DISTRICT OF
           THE SITE IS DETERMINED TO HAVE BEEN IN GOOD CONDITION DURING THIS
           TIME PERIOD, THE DEVELOPER SHALL RECEIVE TWENTY-FIVE PERCENT (25%)
           OF THE BOND POSTED.       THE DEVELOPER SHALL RECEIVE TWENTY-FIVE
           PERCENT (25%) OF THE REMAINING BOND AT THE END OF TWO YEARS IF A
           DEPARTMENT SITE INSPECTION DETERMINES THAT THE NATURAL RESOURCES
           DISTRICT ON THE SITE IS IN GOOD CONDITION.       AT THE END OF THE
           CONSTRUCTION ACTIVITIES ON THE SITE, THE DEVELOPER SHALL RECEIVE
           THE REMAINING FIFTY PERCENT (50%) OF THE BOND IF A DEPARTMENT SITE
           INSPECTION DETERMINES THAT THE NATURAL RESOURCES DISTRICT ON THE
           SITE IS IN GOOD CONDITION.     THE NATURAL RESOURCES DISTRICT OF A
           SITE SHALL BE CONSIDERED IN GOOD CONDITION IF: THERE IS NO
           DISTURBANCE, NO SEDIMENT IN STREAMS, NO GULLYING, NO UNPERMITTED
           FILL, AND THE AREA IS GENERALLY LEFT IN ITS NATURAL STATE.

                (6) Variances. The Board may grant a variance to Subsection
           D(3), (4) or (5) of the Natural Resources District regulations upon
           a finding by the Board OF UNDUE HARDSHIP AND that the proposed
           development will not adversely affect the Natural Resources

                                             5









           District. THE APPLICANT SHALL MEET THE MITIGATION REQUIREMENTS IN
           SUBSECTION D(10) BELOW.    Prior to rendering approval, the Board
           shall request advisory comments from the Zoning Administrator, the
           soil conservation Service and the Department of Natural Resources.

                (7) Development adjustment.     If more than thirty percent
           (30%) of a parcel zoned residential or agricultural, as of
           September 1, 1982, is within this district, the housing types and
           design requirements, excluding gross density, of the next most
           dense residential district shall apply, provided that sensitive
           environmental features on the site are protected.        When this
           adjustment is used, development shall not occur on slopes in excess
           of fifteen percent (15%) for an area of [forty thousand (40,000)]
           TWENTY THOUSAND (20,000) square feet or more.

                (8) Extension of district.      Upon presentation of factual
           information by the property owner demonstrating the existence of
           sensitive environmental features deserving protection, the Board
           may, pursuant to ï¿½267-9, Board of Appeals, extend the boundaries of
           the district.

                (9) Adjustment of district. The application of this district
           to the Zoning Maps shall be construed as general in nature and may
           be adjusted by the Zoning Administrator upon the presentation of
           engineering data which delineate more precisely the boundaries of
           this district in conformance with Subsection D(2) above.

                (10) MITIGATION REQUIREMENTS.      WHERE CALLED FOR IN THIS
           SUBSECTION, A MITIGATION PLAN SHALL BE SUBMITTED TO THE DEPARTMENT.
           THE CONTENTS OF THE PLAN SHALL BE DETERMINED BY THE DEPARTMENT.
           MITIGATION PLANS ARE NOT REQUIRED FOR DISTURBANCE TO NONTIDAL
           WETLANDS PROVIDED THAT STATE REGULATIONS ARE REQUIRING MITIGATION
           FOR SUCH AREA.    MITIGATION PLANS ARE REQUIRED FOR BUFFERS TO
           NONTIDAL WETLANDS REQUIRED BY THIS SUBSECTION.        AREAS TO BE
           DISTURBED SHALL   BE MITIGATED ACCORDING TO POLICIES OF THE
           DEPARTMENT AND THE BASIC FOLLOWING STANDARDS: DISTURBED AREAS SHALL
           BE REPLACED ON A SQUARE FOOT FOR SQUARE FOOT BASIS; REPLACEMENT IS
           PREFERRED ON SITE; AND IF THE DEPARTMENT DETERMINES THAT
           REPLACEMENT IS NOT FEASIBLE ON SITE, THEN OFF SITE REPLACEMENT IS
           PERMITTED; IF OPFSITE REPLACEMENT IS NOT FEASIBLE, THEN A FEE IN
           LIEU OF SHALL BE PAID TO THE DEPARTMENT AT A RATE OF FORTY CENTS ($
           .40) PER SQUARE FOOT DISTURBED.

                (11) VIOLATIONS. A VIOLATION OF THIS SUBSECTION SHALL RESULT
           IN MITIGATION AT THREE TIMES THE RATE REQUIRED PURSUANT TO
           SUBSECTION D(10) ABOVE.

                (12) NOTIFICATION.    ALL PLATS OR RECORDED LOTS CONTAINING
           NATURAL RESOURCES DISTRICT LANDS SHALL READ AS FOLLOWS:


                NATURAL RESOURCES DISTRICT - STRICT REGULATIONS APPLY (SEE
                SUBSECTION 267-41.D. OF THE RARFORD COUNTY ZONING CODE).

                                            6









          E.  The requirements of this section shall not apply to
          developments with approved concept plans or preliminary plans prior
          to the effective date of this Part 1. [Added by Bill No. 85-12]
          1.Editor's Note: See Ch. 214, Sediment Control and Stormwater
          Management.
















































                                         7



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 I              APPENDIX B
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                               NRD EVALUATION - Field Sheet


                       Proiect Name and Section/Phase:


            The following criteria used in the evaluation of          development
            projects shall be assigned a number 1 -        5.   Numbers will be
            specified for each criterion, for each site visited based on the
            following:
                 1)    #1   the criterion was not applicable't"o*the site,

                 2)    #2   the criterion was somewhat applicable to   the site,
                       or

                 3)    #3   the criterion was quite applicable to the site.

            Evaluation Criteria

            1)   The NRD is being protected from runoff (is there sediment in
                 the buffer and/or the actual NRD?, other indicators).
                       1    2    3

            2)   The NRD and  buffer have remained unaltered.
                       1    2    3

            3)   Slope NRD  has prevented erosion, slumping,   etc.
                       1    2    3

            4)   The health  and viability of the wetland have remained at    pre-
                 development levels (wildlife corridors have not been
                 disrupted', no trash or debris are in the NRD area, the
                 original function of the wetland was not disrupted).
                       1    2    3

            5)   The original delineations of NRD areas seemed accurate.
                       1    2    3

            Other-Considerations

            1)   Which impacts were mitigated and which ones.were not?

            2)   Should there be and an increase             in the level       of
                 protection/application, and where should this occur?
            3)   Does it seem as if soils with "Shrink/ swell action have cracked
                 foundations and/or roads?

            4)   Other observations:




            Xay 25, 1990                    File Name: C:\wp51\cap\nrd-evw9.doc



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 I              APPENDIX C
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                                         Synopsis of Field Visits

              !t was decided early on in this report that field visits would be an important part of conduct-
              ing an evaluation of the NRD regulations. Field sheets were developed to be used as a
              guide for site visits (see Appendix,B). The site visits proved to be valuable in conducting
              this NRD Evaluation. One of the major recommendations generated as a result of this
              report was directly related to information gathered during site visits. This recommendation
              was to increase stream and wetland buffers in areas of slope adjacent to these two environ-
              mental features. Nontidal wetlands and streams adjacent to sloped areas were often ob-
              served to be sediment laden during these site visits.

              The following is a group of photogr aphs taken during site vis its, along with a brief descrip-
              tion.


              Group A
              This group of photographs illustrates how a sloped area was eroded and gullyed, and sub-
              sequently blew out silt fences with storrawater and sediment from the top of the slope to
              down in the stream. Figure 1 begins near the top of the slope, and the rest of the
              photographs are taken as the photographer walked down the slope towards the stream.


                                      Ffgure A-1: Gullyin? and erosion begin-
                                       ning near the top o the slope. Notice the
                                       damaged silt fence in the background.












                                                                                      i'@" 'w
                                   'i W4@



















       F    A 2   h   rthe d n he ope     F   e A-3. Gullying has worsened further
                             ittcS c        gurt slope as demonstrated on this
        'gure  S"g   'U  r d0swi fe e's   down he
       m  egu; ying aldamage   n    an,
       b e0ern seen.                      photograph.





                                             4w:







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                                      SWA

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                                                                 r@zw
                                                        7







                                                             1A





                                              I W
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        Fig@re A 4 h    h     a h is a view of the    Figure A-5: As expected the sediment which
        gull g @  T is p 0'0' t@
           in a    da a ed      ences looking up-     was washed down the Slope has been
        slop to      m g    sil stream.
            e   m down near t                         deposited in the stream. Notice the damaged
                                                      silt fences further up the slope.











                                 in j






                                                                                    PV_


                                      '.WE-
                                                 E7
                                                                               ji





           law



                                             PE,
                                           S



            Group B
            This group of photographs illustrates failing slopes which were created by construction.


            Figurp B-1: Notice the
            area in the upper eft of
            the photograph which
                                                            7
            has been covered with
            hay. This area had
            been previously
            eroded down into the
            stream.
                                                    .Mk.
                                                                                      00, W.,









          F'  re B-2: This figure is a close-up of Fig- Figure B-3: Gullying has occurred on this slope and
           'gu1
           re                                           resulting sediment is in the foreground.





                                                                                          @ @ - - wft_@





                           . VRr


                                               4W

                      427-



                 Figure B-4: Th.e black trenches running across the middle of this slope indicate
                 that the sl pe is creeping downward because of gravity. This slope is destined
                           0
                 to fail and subsequently de osit a large amount of sediment into the stream (in
                 the right of the photographf



                                         M:-











                                       t









               Group C
               The two figures in this group show a large mound of soil placed directly adjacent to a
               stream buffer required by the NRD regulations.


               Figure C-1: The buffer is
               the grassed area which
               leads up to the tree line
               where the stream is. The
               left part of the figure
               shows the edge of the
               mound of soil.

















           Figure C-2: This figure
           shows the mound from
           within the buffer. Notice the
           damaged silt fence in the
             iddle of the picture. Lucki-
           ly a buffer separated the
           m

           sediment from the stream.














                                                   V









               Group D
              This group of photographs is an assortment of a variety of observations from the field visits.

           Figure D-1: A wide swath is
           cleared for the laying of
           sewer lines. The lower cen-
           ter of the figure shows the
           stream with rip-rap now in it.
           One Of the recommenda-
           tions of this report is to re-
              re stricter standards for
           tWei
               provision of utilities in
           the NRD.











                                                                                 I-









           Figure D-2: This                                                              "C', 7
           Photograph shows how
           sediment from a project has
           filled a stream.












          Fi ure D-3,
          lv_q
           Ir      ,j Erosion and gul                                       MIRE
          yin usua y start at the top
          of t9e slope, and this is
          where prevention should                                                            ISM
          start.


                                                                   WIMP












          Figure D-4: This stream
          was missed iq the original
          NRD delineation. Lackinj
          d
           rote ion it is being
           ama ed by erosion and is
          abou o be filled in.                                                            IMF-





                                             41                                   4











                  D-5: This fi   e
                   the large dlisutulrbed
            area which drains, along
            with all of its sediment, to
            the now filled in sediment
            pond. Such a situation will
            result in a large amount of
            sediment reaching the NRD.





                                                                                             R-S;

                                                                                              "R

                                                      -ez' 'z
                                                  :A@





                                                                                                      ilk









               F@gure D-6: With large
               disturbed areas draining
               to a single sediment
               trap, the NRD is sure to
               be polluted with large
               amounts of sediment.                                 -4


                                                                                             - ;77777@-74`-
                                                                                            0"'4
                                              r 4-
                                                                                          NO
                                                                                        4t-



























































                                                  ,:Vtv












         '
            ure D-7: Sediment can
         begcarried some distance
         from its entrance into the
         stream. This figure sho
                                w a
         sediment laden stream
         more than two-hundred
         ya
           rds from the construction
         activities.






                                                       7






        Figure D_-8: Sometimes the
        depositing of sediment
        may not happen overnight,
                                                    "Y'
        or other wise may go un-
        noticed; however, it ac-
        cumulates over time as
        thi f' ure shows the top of
        ansoO silt fence which is
        now at ground level.



                                                                          AL


                                        -eve


                                                                                               Aeg











                                                                                                           r
                        Figure D-9: This
                        l
                          hotograph and the fol-
                        owing two (Figures 10
                        and 11) illustrate how
                        sediment can be car-
                        ried from construction
                        sites, and deposited
                        elsewhere.



                                                                                                        lie,












                                      Figure D-10                                                                           Figure D- 11


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                                                                                                                                                                                 OF
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                                                                                                                                                                                  4W7
                                                                           q i1w;


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                                                                                                                                    FM
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                                                          X#









               Group E
               This group of figures illustrates some of the better examples of activities on construction
               sites.



           being cleaned out. This
           a very necessar
           figure E-1: A sediment trap
                                      is
                            y task for
           traps which "silt-in".                                  "7.



                                             IL









                                                                                                               %A







                                                                                                      It'










           Figure E-2: Berms are a
           better barrier to
           stormwater and sediment
           than silt fences. The berm
           along the tree line here
           (also see Figures 3, 4, and
           5) will prevent sediment
           from flowing down the
           slope and into NRD areas.





                                               -4,









               Group E
               This group of figures illustrates some of the better examples of activities on construction
               sites.


            Figure E-1: A sediment trap
            being cleaned out. This is
                         sar
            a very neces       task for
            traps which "silt-in".



                                                                                                         lie









                                                                                                                       15i













                                                                                  ................












            figure E-2: Berms are a
            better barrier to
            stormwater and sediment
            than silt fences. The berm
            along the tree line here
            (also see Figures 3, 4, and
            5) will prevent sediment
            from flowing down the
            slope and into NRD areas.

























                                                                                                                                                     p-3 ein,61-4













                                                YC



                                                                                            vv!"



                                                                         iox







                                                                                                                                                     S-3 einAld









          Figure E-5
                                                                                                      MIN;















                                                                              4,














          FI-Oure E-6: Since there is a
          NRD area between the cur-
          rent construction area and
          the adjacent completed
          development, a buffer is es-
          tablished which not only
          promotes environmental
          objectives, but aesthetic
          ones as well.



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 I             APPENDIX D
 I        Public Information Brochure
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                    1. What is the Natural Resources District?                                                  HARFORD COUNTY'S
                                                                                                        ............
                Harford County protects many of the its sensitive environmental features
             through the Natural Resources District (NRD) Subsection of the Zoning                           NATURAL RESOURCES
             Code. The coastal portion of the County is protected by the County's version
             of the Chesapeake Bay Critical Area Management Act. The NRD regulations                                              DISTRICT
             currently apply to the following natural features:                                         11,,:,-,,-,,-,--,-X1,-'1111
                                                                                                        .....................

                ï¿½  Steep Slopes - any land area exceeding forty thousand (40,000) square
                   feet with a slope in excess of twenty-rive percent (25%).
                ï¿½  Nontidal Wetlands - Any area or nontidal wetlands exceeding forty
                   thousand (40,000) square feet, including but not limited to areas desig-
                   nated as "areas of critical state concern" by the Maryland Office of State
                   Planning. This type of NRD also includes an undisturbed seventy-five (75)
                   foot buffer around the perimeter of the wetlands. For the purpose of these
                   regulations, nontidal wetlands are delineated according to the U.S. Fish
                   and Wildlife Service's definition.
                ï¿½  Strearm - The regulations specify certain stream in the County which
                   receive a one hundred fifty (150) foot buffer on both sides of the center
                   line of the stream, or a fifty (50) foot buffer beyond the one hundred-year
                   floodplain; whichever is greater. The tributaries to these streams which
                   have a watershed of more than four hundred (400) acres receive a seven-
                   ty-five (75) foot buffer on both sides of the center line of the stream. In
                   addition to these buffer requirements, a buffer of fifty (50) feet, plus four
                   (4) feet for each one percent increase in slope measured from the water's
                   edge is required.

                The areas protected by the NRD regulations are generally to be left undis-
             turbed. Permitted activities in the NRD include: agriculture, forestry,
             provision of utilities, and stormwater management facilities. Permitted ac-
             tivities must meet conservation requirements.

                One unique provision of the regulations allows an adjustment in the style of
             development permitted on a site. In situations where more than thirty percent
             (30%) of a parcel zoned residential or agricultural, as of September 1, 1982, is
             within the NRD, the housing types and design requirements, excluding gross
             density, of the next most dense residential district may apply, provided that
             sensitive environmental features on the site are protected. When this adjust-
             ment is used, development can not occur on slopes in excess of fifteen percent
             (15%) for an area of forty thousand (40,000) square feet or more.






                                                                                                              11. Why is Protecting these Areas Important?
              ï¿½   Steep Slopes - These sensitive areas can cause problems when built on.
                  Development on steep slopes can cause land slides, slope creep, ac-                       These regulations are designed to protect: stream and associated life
                  celerated erosion, and other slope failures. Such slope problems lead to               forms from stormwater runoff, sediment, and high temperatures; steep slopes
                  loss of vegetation, structural problems, and increased sediment in downhill            from erosion and slope failure; and nontidal wetlands and associated life
                  streams.                                                                               forms from sediment and storinwater runoff. Compare Figure 1 with the
              ï¿½   Nontidal Wetlands - Without protection, many nontidal wetlands could                   cover figure.
                  be filled in; and all of their associated environmental benefits could be lost
                  (i.e., habitat, filtering of stormwater, etc.). In addition, the buffer helps to
                  prevent pollution from reaching the wetlands. The buffer areas also act
                  as limited habitat areas.
              ï¿½   Streanu - Development activities could cause many streams to be piped
                  and covered, and more streams could then receive heavy doses of sediment                                    Loss of
                  and other stormwater pollutants, and a large portion of the protective tree                              habitat area            Increased stormwater pollutant
                  cover along streams would be lost in many cases. The overall health of the                                                                      runoff and sediment
                  stream and its inhabitants could be reduced. Flora and fauna protected
                  by the seventy-five foot buffer to streams would most likely be lost or
                  depleted. In addition, the visual buffers created because of the NRD
                  would be less likely to e)dst.                                                                                                    Erosion of slope
                    111. How does this affect development?

              if you are a developer, NRD areas must be delineated on site or prelimi-
           nary plans, and are subject to field verification and inspections.

              If you are a homeowner, you may have NRD areas on your property which
           are basically to be left undisturbed; or your community association may own
           these areas, in which case the same regulations apply.

                                    IV. More Questions?


              If your have any questions regarding the Natural Resources District regula-
           tions and their application, call the Harford County Department of Planning
           and Zoning at 301.838.6000 ext. 103.
              The NRD regulations are working to protect the County's natural environ-                                 Figure 1
           ment.11.
                                                                                                            The natural features of the environment are kept in tact during the develop-
                                                                                                         ment process as much possible. This translates into more attractive develop-
                                                                                                         ments and a healthier overall environment for the County than would
                                                                                                         otherwise be the case. If these regulations were not in place, the impact of
                                                                                                         development on the environment would be much greater. Without the NRD
                                                                                                         regulations, environmental problems may include the following.



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 I            APPENDIX E
 I    variance information Requirements
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           The following items must be submitted with the application for a
           variance to the Natural Resource District (NRD) requirements along
           with a Pre-application meeting and an application for Petition to
           the Board of Appeals/



           I.   Description of the Proposed Development

                A.   Development Concept Plan, including:

                     1.   general location of existing and proposed roads,
                          buildings, major utility lines (i.e., sewer, water,
                          etc.)
                     2.   limits of disturbance
                     3.   major construction phasing
                     4.   stormwater management concept and location
                     5.   clear    delineation    of   NRD    areas    to - be
                          disturbed/retained

                B.   Applicant's statements regarding necessity to disturb NRD
                     areas.



           II. Environmental Assessment

                A.   Basic environmental description of the parcel, including
                     field verified wetland delineation.

                B.   Resource value functional analysis of NRD and adjacent
                     area to determine/ compare values and potential damage of
                     both pre and post development conditions. This should
                     include:

                     1.   water quality/quantity impacts
                     2.   vegetative cover impacts
                     3.   habitat value impacts

           III. Mitigation proposal

                A.   An explanation of how the Mitigation Requirements in
                     ï¿½267-4l.D. will be met shall be provided.


                B.   An analysis shall be prepared which clearly details the
                     benefits to be provided in this case (site-specific) and
                     compares the before and after scenario of the proposed
                     development.

                C.   For   mitigation   involving   landscaping,   a    general









                    description of the proposed landscaping shall be included
                    (i.e. species of plants, schedule, etc.)



          As the Hearing Examiner must request comments from the Department
          of Natural Resources and the Soil Conservation Service, all
          required materials must be submitted with the applications.










































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