Frequently Asked Questions

1. What is the Critical Area Program?
2. Where is the Critical Area?
3. How do I find out if my property is in the Critical Area?
4. What are the Critical Area land classifications?
5. If I buy a lot in the Critical Area, may I build a house on it?
6. If my home is in the Critical Area will I be able to construct an addition or build a swimming pool, deck, or garage?
7. Can I remove trees from my property if it is in the Critical Area?
8. What is the Buffer?
9. What is “lot coverage” and how does it affect my property?
10. What are the restrictions in the Buffer?
11. What are Habitat Protection Areas?
12. If I think I see a violation near the water, where do I call?
13. My property is in the RCA, can I create a lot to give to a family member?
14. What is a “grandfathered lot?” If my lot is grandfathered, am I exempt from the Critical Area regulations?
15. Are farming and timber harvesting exempt from the Critical Area regulations?
16. What is the Critical Area Commission?
17. Do I need to obtain the approval of the Critical Area Commission to build on my lot in the Critical Area?
18. What is the difference between local zoning ordinances and the State’s Critical Area law and regulations?
19. What is growth allocation?
20. What are FIDS?
21. Where can I get additional information?

1. What is the Critical Area Program?
The Critical Area Program is a land use and resource protection program established by law to improve water quality and protect wildlife habitat in Maryland’s tidal shoreline areas. The program operates through local county and municipal plans and ordinances.

The law requires every Maryland jurisdiction with land in the Critical Area, to implement a Critical Area program through local ordinances, codes, plans, and policies.

2. Where is the Critical Area?
The Critical Area includes all land within 1,000 feet of Maryland’s tidal waters and tidal wetlands. It also includes the waters of the Chesapeake Bay, the Atlantic Coastal Bays, their tidal tributaries and the lands underneath these tidal areas.

3. How do I find out if my property is in the Critical Area?
Maps delineating the Critical Area were formally approved as part of each local jurisdiction’s Critical Area program and are available in the jurisdiction’s planning and zoning office. Some jurisdictions have created electronic versions of the original paper maps, and these can generally be accessed through the web-site of the jurisdiction where the property is located.

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

5. If I buy a lot in the Critical Area, may I build a house on it?
A house can be constructed as long as the lot is legally recorded as a building lot and meets the county’s or town’s Critical Area, zoning, and Health Department requirements. Prior to buying property in the Critical Area, you should check with the local planning office to find out about all of the restrictions, limitations, and requirements that apply within the Critical Area.

6. If my home is in the Critical Area will I be able to construct an addition or build a swimming pool, deck, or garage?
Generally, there is no prohibition on new development within the Critical Area. However, building and construction activities are subject to limits on lot coverage and clearing, as well as certain restrictions on the location of new structures. In order to obtain complete and accurate information about your specific site, you should contact your local planning office for information about compliance with the Critical Area Program.

7. Can I remove trees from my property if it is in the Critical Area?
In general, homeowners can obtain approval through the local planning office to remove one or more trees from their property as long as the trees are not located in the Buffer, and new trees are planted on the property. (See the question below for additional information about the Buffer.) The Critical Area law requires no net loss of forest or developed woodland cover in the Critical Area. Replacement planting may be required at a higher ratio than one-to-one depending on the number of trees on your property and the size of the tree being removed. In general, trees that are located within the Buffer cannot be removed unless they are dead, dying, diseased, or creating a hazard to people or property. A Buffer Management Plan is required for all removal of vegetation within the Buffer except for mowing an existing lawn.

8. What is the Buffer?
The Critical Area Buffer is the land area immediately adjacent to tidal waters, tidal wetlands, and tributary streams. The minimum Buffer width is 100-feet; however, on some properties it may be wider because of steep slopes, wetlands, or sensitive soils. On some projects, a wider Buffer, often 300-feet or more, was part of the original project approval. The local planning office can assist you in determining the width and location of the Buffer on your property.

The Buffer serves as an important protective area for aquatic resources and shoreline habitat. The Buffer is subject to much stricter requirements than the rest of the Critical Area because it is essential to water quality improvement and fish, wildlife, and plant habitat enhancement. A fully forested Buffer is the best environment for filtering pollutants and removing sediment, nutrients, and toxic substances that run off the land and pollute Maryland’s waterways. A naturally vegetated Buffer also provides the most functional habitat for wildlife, providing food, cover, and nesting areas. Vegetation along the shoreline is also essential to maintaining the intertidal zone, which is important to a variety of fish, shellfish, crabs, and birds. The Buffer also functions as an important physical barrier between human activity and development-related disturbance and Maryland’s streams, creeks, rivers, and Bays.

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

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

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

10. What are the restrictions in the Buffer?
Generally, construction and land disturbance (such as clearing brush or grading) are prohibited in the Buffer. New structures, roads, septic systems, sheds, and utilities must be located outside the Buffer. The cutting and clearing of trees (including dead trees), or the removal of natural vegetation is not allowed unless a property owner obtains approval of a Buffer Management Plan from the local government. Replanting is required for all vegetation removed within the Buffer. If the Buffer is already forested, the Buffer should be maintained in natural vegetation. Supplemental planting of trees, shrubs, and herbaceous plants is permitted in the Buffer. Native plant species should be used to enhance wildlife habitat.

Some activities that are determined to be water-dependent (such as a boat ramp), that provide access to the shoreline, or that are associated with shore erosion control measures can be allowed in the Buffer subject to certain regulatory requirements and permits.

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

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

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

If the violation is taking place on a week-end or after business hours, many jurisdictions will allow you to leave a message. Leave your name and phone number, so that you can be contacted if additional information is needed. If you cannot leave a message with a specific county or town, you can leave a message with the Critical Area Commission by calling (410) 260-3460. If you believe the violation is serious and needs immediate attention on a week-end, then contact the Department of Natural Resources Communications Center at 1-800-628-9944 or (410) 260-8888.

13. My property is in the RCA, can I create a lot to give to a family member?
Yes for the purpose of creating a residence for a family member. If your property is seven acres or more and fewer than 60 acres, it is possible in most jurisdictions to create a lot for a family member (defined as the father, mother, son, daughter, grandfather, grandmother, grandson, or granddaughter of the applicant) for the purpose of creating a residence. A parcel that is seven acres or more but less than 12 acres may be divided into two lots. A parcel that is 12 acres or more, but fewer than 60 acres may be divided into three lots. The lots may be created at any time. The subdivision will require restrictive covenants that run with the land, stating that the subdivision was created through an intrafamily transfer and specifying the conditions under which it can be subsequently transferred to a non-family member. The original parcel to be subdivided must have existed in its current configuration as of March 1, 1986 in the Chesapeake Bay Critical Area or as of June 1, 2002 in the Coastal Bays Critical Area.

14. What is a “grandfathered lot?” If my lot is grandfathered, am I exempt from the Critical Area regulations?
A “grandfathered lot” is a lot or parcel that existed in its current configuration prior to adoption of the local Critical Area program. Grandfathered lots are not exempt from the Critical Area regulations. However, each local government adopted grandfathering provisions, which allow pre-existing uses to continue even though they may be inconsistent with the local program. Local governments also have grandfathering provisions that include limited flexibility for compliance with the Critical Area regulations and allow a property owner to request a variance from the strict application of the regulations. It is important to check with your local planning and zoning office when you are planning to develop or build on your grandfathered lot to ensure that your project complies with the applicable standards for your property.

15. Are farming and timber harvesting exempt from the Critical Area regulations?
Farming and timber harvesting are considered resource utilization activities in the Critical Area, but are not exempt from the Critical Area regulations. All farms in the Critical Area must have a Soil Conservation and Water Quality Plan in place, and farmers must work cooperatively with the local Soil Conservation Districts to implement Best Management Practices as specified in these Plans. All timber harvesting and cutting in the Critical Area require a Timber Harvest Plan. These Plans must be approved by the District Forestry Board. Timber harvests that exceed 5,000 square feet also require a Sediment and Erosion Control Plan.

16. What is the Critical Area Commission?
The 29-member Critical Area Commission was created by the 1984 Chesapeake Bay Protection Act. Initially, the Commission was tasked with developing the Critical Area Criteria, which are the basis of the 64 local Critical Area programs. The members of the Commission are appointed by the Governor and represent the Critical Area jurisdictions, affected interest groups, and State agencies. The Commission meets monthly and must review and approve all changes to local jurisdictions’ Critical Area programs, including changes resulting from the required six-year comprehensive update. The Commission also reviews and approves all development projects in the Critical Area on State land.

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

18. What is the difference between local zoning ordinances and the State’s Critical Area law and regulations?
Maryland’s Critical Area Program is based on State law included in the Natural Resources Article of the Annotated Code of Maryland. Implementation provisions are found in the Critical Area regulations in Title 27 of the Code of Maryland Regulations. However, because local governments are required to implement these provisions locally, local zoning ordinances, subdivision regulations, codes, policies, plans, and guidance documents are used to facilitate effective implementation at the local level. The Commission is constantly working to streamline the Critical Area program and improve its effectiveness, so there may be regulations in effect that have not yet been incorporated into a county’s or town’s code or ordinance. There are also occasions where there may be conflicts between local provisions and State regulations. In these instances, the more restrictive provisions usually apply.

19. What is growth allocation?
Growth allocation is a process whereby local jurisdictions are allowed to approve additional growth and development in certain parts of the Critical Area by changing the Critical Area classification from RCA to either LDA or IDA or from LDA to IDA. Growth allocation is used to accommodate more intense land uses and development than what would have been permitted based on the existing classification. Each county is allotted a finite number of acres that can be used to reclassify land. Requests to use growth allocation must go through a rigorous review and approval process at the local level and must be approved by the local governing body. Following local approval, growth allocation requests must be submitted to the Critical Area Commission for review and approval.

20. What are FIDS?
FIDS is an acronym for Forest Interior Dwelling Species. In the Critical Area, these are bird species that require large forested tracts (usually 50 acres or more) with mature deciduous trees in order to reproduce successfully and maintain viable populations. Many of these species are neotropical migratory songbirds that are an integral part of Maryland’s landscape and natural heritage. FIDS habitat is a designated Habitat Protection Area and subject to additional regulations within the Critical Area.

21. Where can I get additional information?
For specific questions, contact the planning and zoning department of your local government. Click here for a list.

General Information

• Local Government Contacts
• Background and History
• State and Local Partnership
• Development in the Critical Area
• Habitat Protection
• Growth Allocation
• Frequently Asked Questions

NEW PUBLICATION!

This new publication was developed to assist homeowners with planting and maintaining shoreline Buffers. It includes lots of information about the importance of the Critical Area Buffer and includes Buffer Management Plans that can be used to satisfy Buffer planting requirements for new construction on waterfront lots.