Queen Annes County, MD Article IX Resource Protection Standards

§ 18:1-60 Applicability of article.

The resource protection standards set forth in this article apply to development that occurs on a lot that contains floodplains, steep slopes, streams and stream buffers, wetlands, erosion hazard areas, woodlands, shore buffers, or habitats for threatened or endangered species. If two or more resources are present on the same area of land, the most restrictive resource protection standard shall apply.

§ 18:1-61 Floodplains.

All development activities within the one-hundred-year floodplain are subject to the requirements of the Queen Anne's County Floodplain Management Ordinance.[1]

[1] Editor's Note: See Ch. 14:3, Floodplain Management District.

§ 18:1-62 Steep slopes.

No development activities are permitted on slopes of fifteen-percent grade or higher.

§ 18:1-63 Streams and stream buffers.

A. Except as allowed by Subsections B and C below, no development activities are permitted upon designated streams or within designated stream buffers. Stream buffers, except to the extent disturbance is allowed by Subsections B and C below, that are unvegetated at the time new development or redevelopment activities are approved on land on which such a buffer exists, shall be vegetated with native vegetation.

[Amended 9-7-2004 by Ord. No. 04-06]

B. Within the AG Zoning District, no more than 20% of areas designated as a stream or a stream buffer may be disturbed for development activity.

C. To preserve natural storm drainage systems, streams and stream buffers may be disturbed if such development activity is part of an approved stormwater management plan.

D. Perennial stream buffers shall be 100 feet, and intermittent buffers shall be 50 feet.

E. Fuel storage in excess of 300 gallons, landfills, effluent disposal uses, except for such uses designed to serve a single-family residential dwelling, fuel, chemical, or asphalt manufacturing or distribution facilities, the confined animal feedlot operations component of a mega farm, and all heavy industrial uses shall be located at least 300 feet from all stream buffers.

[Added 9-7-2004 by Ord. No. 04-07]

§ 18:1-64 Wetlands.

A. No development activities are permitted on tidal or nontidal wetlands, or within 25 feet of a nontidal wetland, or within 100 feet of a tidal wetland or body of water, unless the applicant demonstrates proof of approval by the United States Army Corps of Engineers and/or the Maryland Department of Natural Resources or Department of Environment for any development or wetland disturbance proposed within the setbacks established in this section.

B. Wetlands of state concern as identified by Maryland Department of Natural Resources or Department of Environment must have a one-hundred-foot buffer.

C. A wetlands jurisdictional determination shall be made when any of the three following indicators are present on the lot proposed for development:

(1) Hydric soils;

(2) A water source; or

(3) Hydrophytic vegetation.

§ 18:1-65 Erosion hazard area.

A. Except as provided in Subsection B below, no development activities are permitted in erosion hazard areas.

B. Erosion hazard areas shall be classified in accordance with the Atlas of Historic Erosion Rates produced by the Maryland Department of Natural Resources and the United States Geological Service. Erosion hazard areas shall have shoreline erosion protection installed at the time of development. A detailed engineering report shall be submitted at the same time a site plan/subdivision is submitted that indicates the type of measures to be used and the data on why that measure was selected for that particular location. The determination of the need for shore protection may also be made by the Planning Director based upon site inspections. Nonstructural shoreline protection methods shall be considered first and used unless site-specific factors make them unsuitable.

§ 18:1-66 Woodlands.

A. Within the Chesapeake Bay Critical Area, no more than 20% of areas designated as woodlands that are less than one acre in size may be disturbed for development activity. Woodlands that are one acre or larger in size must comply with Chapter 14 of the County Code.

B. Outside of the Chesapeake Bay Critical Area:

(1) Within TC and UC Zoning Districts, on lots less than or equal to three acres in size, no more than 80% of woodlands on a lot may be disturbed and, on lots greater than three acres in size, no more than 40% of the woodlands on a lot may be disturbed.

(2) Except as provided in Subsection C below, regardless of lot size, no more than 40% of the woodlands on a lot may be disturbed within any other zoning district.

C. The requirements of Subsection B of this section do not apply to any development within the following zoning districts: CMPD, SMPD, GPRN and SIBE.

§ 18:1-67 Shore buffer

A. Standard width.

(1) For all new nonresidential and moderate-/high-density residential development, the standard shore buffer shall extend inland at least 300 feet from the edge of a tidal wetland, such distance being referred to in this section as the "standard shore buffer."

(2) For new low-density residential development (single-family and cluster subdivisions), the standard shore buffer may be reduced to 100 feet without meeting the requirements of Subsections B and C of this section.

B. Modification. Subject to Subsection C of this section, the Planning Commission may establish a shore buffer of less than 300 feet as may be necessary to permit reasonable development within the standard shore buffer if:

(1) The tidal wetland and/or standard shore buffer covers more than 50% of a lot that was a lot of record and all abutting land in the same ownership as of April 9, 1987; or

(2) The standard shore buffer prohibits any additional development landward of existing structures on an already improved lot.

(3) The project is within a growth area with an adopted community plan and is located within a zoning district that permits large-scale, master-planned residential and/or nonresidential development and further provides that the site design would be improved by reduction of the standard shoreline buffer and there are on-site mitigation measures or other features designed to minimize environmental impacts related to the reduction.

C. Extent of reduction. Any reduction of the standard shore buffer authorized under Subsection B of this section shall be the minimum necessary to allow practical development of the site. In no case shall the buffer be reduced to less than 100 feet, unless it meets the provisions and criteria of § 14:1-53 of the County Code.

D. Forest management of shore buffer. All areas within the standard or reduced shore buffer as provided in this section for all new development that requires subdivision or site plan approval shall be subject to the buffer performance standards as provided in Chapter 14:1, Part 6, Article XI, of the County Code.

§ 18:1-68 Habitats of threatened and endangered species.

There shall be no disturbance of the habitat of threatened and endangered species except as permitted by U.S. Fish and Wildlife Services or Maryland Department of the Environment or Maryland Department of Natural Resources.