In[HISTORY: Adopted by the Mayor and Council
of the Town of Leonardtown 1-11-2021 by Ord. No. 204[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch 60,
Critical Areas, adopted 11-14-1988 by Res. No. 8-88.
A.Â
Goals. The goals of the Town's Critical Area Program are to accomplish
the following:
(1)Â
Minimize adverse impacts on water quality that result from pollutants
that are discharged from structures or runoff from surrounding lands;
(2)Â
Conserve fish, wildlife, and plant habitat; and
(3)Â
Establish land use policies for development in the critical area,
which accommodate growth as well as address the environmental impacts
that the number, movement, and activities of people may have on the
area.
B.Â
C.Â
Applicability. The Town Administrator or his/her designee shall review
a permit or license for a development or redevelopment activity in
the critical area for compliance with this chapter prior to issuance
of that permit or license.
D.Â
Critical Area Overlay District Map.
(1)Â
The Official Critical Area Overlay District Map is maintained as
part of the Official Zoning Map for the Town. The Official Critical
Area Map delineates the extent of the Critical Area Overlay District
that shall include:
(a)Â
All waters of and lands under the Chesapeake Bay and its tributaries
to the head of tide, and all state and private wetlands designated
under Environment Article Title 16, Annotated Code of Maryland; and
(3)Â
The Critical Area Overlay District Map may be amended by the Mayor
and Town Council in compliance with the amendment provisions in this
chapter, the Maryland Critical Area Law, and COMAR Title 27.
E.Â
Notification of project approval. The Town shall send copies of applications
for all developments, subdivisions, and site plans wholly or partially
within the critical area as specified in COMAR 27.03.01.04 to the
Critical Area Commission for review and comment.
(1)Â
The application shall be accompanied by a completed "Project Notification
Application" form downloaded from the Critical Area Commission's website.
(2)Â
The Town may not process an application which has been sent to the
Critical Area Commission for notification until it has received notice
of receipt by the Critical Area Commission.
(3)Â
Any action by the Town in violation of these procedures shall be
void.
Summary of Notification Requirements
Critical Area Commission
(COMAR 27.03.01)
|
Requires Notification to the Critical Area Commission
| ||||
---|---|---|---|---|
Yes/No
| ||||
Type of Application
|
IDA
|
LDA
|
RCA
| |
1.
|
Disturbance to a habitat protection area
|
Y
|
Y
|
Y
|
2.
|
Physical disturbance to the buffer (see Note 1)
|
Y
|
Y
|
Y
|
3.
|
Variance from critical area provisions
|
Y
|
Y
|
Y
|
4.
|
Development resulting in less than 5,000 square feet of disturbance
|
N
|
N
|
N
|
5.
|
Development resulting in between 5,000 and 15,000 square feet
of disturbance
|
N
|
N
|
Y
|
6.
|
Development resulting in greater than 15,000 square feet of
disturbance
|
Y
|
Y
|
Y
|
7.
|
Subdivision of 3 lots or fewer
|
N
|
N
|
Y
|
8.
|
Subdivision of 4 to 10 lots
|
N
|
Y
|
Y
|
9.
|
Subdivision of greater than 10 lots
|
Y
|
Y
|
Y
|
10.
|
Subdivision affecting growth allocation
|
N/A
|
Y
|
Y
|
11.
|
Intrafamily transfer
|
N/A
|
N/A
|
Y
|
12.
|
Rezoning that would occur wholly or partially within the Critical
Area
|
Y
|
Y
|
Y
|
13.
|
Special exception or conditional use for industrial commercial,
institutional, nonresidential or multifamily
|
N
|
Y
|
Y
|
14.
|
Substantial alteration to applications previously submitted
to the Critical Area Commission
|
Y
|
Y
|
Y
|
Note 1: Shore erosion control measures and private piers that
do not involve disturbance to the buffer and are not permitted by
MDE do not require Critical Area Commission notification.
|
A.Â
General requirements in all Critical Area Overlay Zones.
(1)Â
New solid or hazardous waste collection or disposal facilities, or
sanitary landfills or rubble fills, including transfer stations, may
not be permitted in the critical area unless no environmentally preferable
alternative exists outside the critical area, and these development
activities or facilities are needed in order to correct an existing
water quality wastewater management problem. Existing permitted facilities
shall be subject to the standards and requirements of the Department
of the Environment.
(2)Â
Development and redevelopment shall be subject to the Habitat Protection
Area (HPA) requirements prescribed in this chapter.
(3)Â
Development and redevelopment shall be subject to the water-dependent
facilities requirements of this chapter.
(4)Â
(5)Â
Roads, bridges, and utilities are prohibited in an HPA unless no
feasible alternative exists. If a road, bridge or utility is authorized,
the design, construction and maintenance shall:
(6)Â
All development activities that must cross or affect streams shall
be designed to:
(a)Â
Reduce increases in flood frequency and severity that are attributable
to development;
(b)Â
Retain tree canopy so as to maintain stream water temperature
within normal variation;
(c)Â
Provide a natural substrate for stream beds; and
(d)Â
Minimize adverse water quality and quantity impacts of stormwater.
(7)Â
Reasonable accommodations for the needs of disabled citizens.
(a)Â
An applicant seeking relief from the critical area standards
contained in this chapter in order to accommodate the reasonable needs
of disabled citizens shall have the burden of demonstrating by a preponderance
of evidence the following:
[2]Â
Literal enforcement of the provisions of this chapter would
result in discrimination by virtue of such disability or deprive a
disabled resident or user of the reasonable use and enjoyment of the
property;
[3]Â
A reasonable accommodation would reduce or eliminate the discriminatory
effect of the provisions of this chapter or restore the disabled resident's
or user's reasonable use or enjoyment of the property;
[4]Â
The accommodation requested will not substantially impair the
purpose, intent, or effect of the provisions of this chapter as applied
to the property; and
[5]Â
The accommodation would be environmentally neutral with no greater
negative impact on the environment than the literal enforcement of
the statute, ordinance, regulation or other requirement; or would
allow only the minimum environmental changes necessary to address
the needs resulting from the particular disability of the applicant/appellant.
(b)Â
The Planning and Zoning Commission shall determine the nature
and scope of any accommodation under this chapter and may award different
or other relief than requested after giving due regard to the purpose,
intent, or effect of the applicable provisions of this chapter. The
Planning and Zoning Commission may also consider the size, location,
and type of accommodation proposed and whether alternatives exist
which accommodate the need with less adverse effect.
(c)Â
The Planning and Zoning Commission may require, as a condition
of approval, that upon termination of the need for accommodation,
the property be restored to comply with all applicable provisions
of this chapter. Appropriate bonds may be collected or liens placed
in order to ensure the Town's ability to restore the property should
the applicant fail to do so.
(8)Â
Non-water-dependent structures on piers.
(a)Â
Except as provided in Subsection A(8)(b) of this section and notwithstanding any other provisions of the law, the Town may not issue a building permit or any other approval to authorize a non-water-dependent project located on state or private wetlands within the critical area.
(b)Â
The Town may issue a building permit or any other approval to
authorize a non-water-dependent project located on state or private
wetlands within the critical area if the project:
[1]Â
Involves a commercial activity that is permitted as a secondary
or accessory use to a permitted primary commercial use;
[2]Â
Is not located on a pier that is attached to residentially,
institutionally, or industrially used property;
[3]Â
Is located in an IDA;
[4]Â
Is approved by the Planning and Zoning Commission;
[5]Â
Allows or enhances public access to state wetlands;
[6]Â
Does not expand beyond the length, width, or channelward encroachment
of the pier on which the project is constructed;
[7]Â
Has a height of up to 18 feet unless the project is located
at a marina; and
[8]Â
Is up to 1,000 square feet in total area; or
[a]Â
Is located on a pier that was in existence on or before December
31, 2012;
[b]Â
Satisfies all of the requirements under Subsection A(8)(b)[1] through [8] of this section; and
[c]Â
If applicable, has a temporary or permanent roof structure or
covering that is up to 1,000 square feet in total area.
B.Â
Intensely Developed Areas (IDA).
(1)Â
The following uses may only be permitted in the IDA only after the
activity or facility has demonstrated to all appropriate local and
state permitting agencies that there will be a net improvement in
water quality to the adjacent body of water. These activities include
the following:
(a)Â
Nonmaritime heavy industry;
(b)Â
Permanent sludge handling, storage, and disposal facilities,
other than those associated with wastewater treatment facilities.
However, agricultural or horticultural use of sludge under appropriate
approvals when applied by an approved method at approved application
rates may be permitted in the critical area, except in the 100-foot
buffer.
(2)Â
Development activities shall be designed and implemented to minimize
destruction of forest and woodland vegetation.
(3)Â
All development and redevelopment activities shall include stormwater
management technologies that reduce pollutant loadings by at least
10% below the level of pollution on the site prior to development
or redevelopment as provided in Critical Area 10% Rule Guidance Manual
- Fall 2003, and as may be subsequently amended.
(4)Â
New, expanded or redeveloped industrial or port-related facilities
and the replacement of these facilities may be permitted only in those
portions of IDAs that have been designated as modified buffer areas
(MBAs).
C.Â
Limited Development Areas (LDA).
(1)Â
If a wildlife corridor system is identified by the Department of
Natural Resources on or near the site, the following practices are
required:
(a)Â
The applicant shall incorporate a wildlife corridor system that
connects the largest undeveloped or most vegetative tracts of land
on and adjacent to the site;
(b)Â
The Town shall require and approve a conservation easement,
restrictive covenant, or similar instrument to ensure maintenance
of the wildlife corridor;
(c)Â
The wildlife corridor shall be preserved by a public or private
group.
(2)Â
Development on slopes 15% or greater, as measured before development,
shall be prohibited unless the project is the only effective way to
maintain or improve the stability of the slope and is consistent with
the policies and standards for LDAs.
(3)Â
Except as otherwise provided in this subsection, lot coverage is
limited to 15% of a lot or parcel, or any portions of a lot or parcel,
that are designated LDA.
(a)Â
If a parcel or lot of 1/2 acre or less in size existed on or
before December 1,1985, then lot coverage is limited to 25% of the
parcel or lot.
(b)Â
If a parcel or lot greater than 1/2 acre and less than one acre
in size existed on or before December 1, 1985, then lot coverage is
limited to 15% of the parcel or lot.
(c)Â
If an individual lot one acre or less in size is part of a subdivision
approved after December 1, 1985, then lot coverage may exceed 15%
of the individual lot; however, the total lot coverage for the entire
subdivision may not exceed 15%.
(d)Â
Lot coverage limits provided in Subsection C(3)(a) and (b) above may be exceeded, upon findings by the Planning and Zoning Commission or its designee that the following conditions exist:
[1]Â
The lot or parcel is legally nonconforming. A lot or parcel
legally developed as of July 1, 2008, may be considered legally nonconforming
for the purposes of lot coverage requirements.
[2]Â
Lot coverage associated with new development activities on the
property have been minimized;
[3]Â
For a lot or parcel 1/2 acre or less in size, total lot coverage does not exceed the lot coverage limits in Subsection C(3)(a) by more than 25% or 500 square feet, whichever is greater;
[4]Â
For a lot or parcel greater than 1/2 acre and less than one acre in size, total lot coverage does not exceed the lot coverage limits in Subsection C(3)(b) or 5,445 square feet, whichever is greater;
[5]Â
The following table summarizes the limits set forth above:
Table C.(3)(d). Lot Coverage Limits
| |
---|---|
Lot/Parcel Size
(square feet)
|
Lot Coverage Limit
|
0 to 8,000
|
25% of parcel + 500 square feet
|
8,001 to 21,780
|
31.25% of parcel
|
21,781 to 36,300
|
5,445 square feet
|
36,301 to 43,560
|
15% of parcel
|
(e)Â
If the Planning and Zoning Commission or its designee makes the findings set forth in Subsection C(3)(d) above and authorizes an applicant to use the lot coverage limits set forth in that subsection, the applicant shall:
[1]Â
Demonstrate that water quality impacts associated with runoff
from the development activities that contribute to lot coverage have
been minimized through site design considerations or the use of best
management practices to improve water quality; and
[2]Â
Provide on-site mitigation in the form of plantings to offset
potential adverse water quality impacts from the development activities
resulting in new lot coverage. The plantings shall be equal to two
times the area of the development activity.
[3]Â
If the applicant cannot provide appropriate stormwater treatment
and plantings due to site constraints, then the applicant shall pay
a fee to the Town in lieu of performing the on-site mitigation.
(4)Â
The alteration of forest and developed woodlands shall be restricted
and mitigated as follows:
(a)Â
The total acreage in forest and developed woodlands within the
critical area shall be maintained or preferably increased;
(b)Â
All forests and developed woodlands that are allowed to be cleared
or developed shall be replaced in the critical area on not less than
an equal-area basis;
(c)Â
If an applicant is authorized to clear more than 20% of a forest
or developed woodlands on a lot or parcel, the applicant shall replace
the forest or developed woodlands at 1.5 times the areal extent of
the forest or developed woodlands cleared, including the first 20%
of the forest or developed woodlands cleared.
(d)Â
An applicant may not clear more than 30% of a forest or developed
woodlands on a lot or parcel, unless the Board of Appeals grants a
variance and the applicant replaces forest or developed woodlands
at a rate of three times the areal extent of the forest or developed
woodlands cleared.
(5)Â
The following are required for forest or developed woodland clearing as required in Subsection C(4) above:
(a)Â
The applicant shall ensure that any plantings that die within 24 months of installation shall be replaced. Financial assurance in a form and amount determined by the Town shall be provided to assure satisfactory replacement as required in Subsection C(4) above and plant survival;
(b)Â
A permit issued by the Town before forest or developed woodland
is cleared. Forests and developed woodlands which have been cleared
before obtaining a permit from the Town is a violation and shall be
replanted at three times the areal extent of the cleared forest;
(c)Â
Clearing of forest or developed woodlands that exceed the maximum area allowed in Subsection C(4) above shall be replanted at three times the areal extent of the cleared forest;
(d)Â
If the areal extent of the site limits the application of the
afforestation or reforestation standards in this section, the applicant
may be allowed to plant offsite or pay a fee in lieu of planting.
(6)Â
If no forest exists on proposed development sites, these sites shall
be planted to provide a forest or developed woodland cover of at least
15%. The applicant shall designate, subject to the approval of the
Town, a new forest area on a part of the site not forested.
(7)Â
All forest, including afforested areas, shall be maintained through
conservation easements, restricted covenants, or other protective
instruments.
(8)Â
New, expanded or redeveloped industrial facilities may only be permitted
in LDA if such a use is permitted in the underlying zoning district
and provided such facilities meet all requirements for development
in the LDA.
D.Â
Resource Conservation Areas (RCA).
(1)Â
Nothing in this section shall limit the ability of a participant
in any agricultural easement program to convey real property encumbered
with such an easement to family members, provided that no such conveyance
will result in a density greater than one dwelling unit per 20 acres.
(2)Â
Land use management practices shall be consistent with the policies
and criteria for the HPA provisions of this chapter.
(3)Â
Development activity within the RCAs shall be consistent with the
requirements and standards for LDAs as specified in this chapter.
(4)Â
Density.
(a)Â
Land within the RCA may be developed for residential uses at
a density not to exceed one dwelling unit per 20 acres. In calculating
the one-in-twenty-acre density of development that is permitted on
a parcel located within the RCA, the Town:
[1]Â
Shall count each dwelling unit; and
[2]Â
May permit the area of any private wetlands located on the property
to be included under the following conditions:
[a]Â
The density of development on the upland portion of the parcel
may not exceed one dwelling unit per eight acres; and
[b]Â
The area of private wetlands shall be estimated on the basis
of vegetative information as designated on the state wetlands maps
or by private survey approved by the Town, the Critical Area Commission,
and Maryland Department of the Environment.
(b)Â
One additional dwelling unit (accessory dwelling unit) as part
of a primary dwelling unit may be permitted in the RCA, provided the
additional dwelling unit is served by the same sewage disposal system
as the primary dwelling unit and:
[1]Â
Is located within the primary dwelling unit or its entire perimeter
is within 100 feet of the primary dwelling unit and does not exceed
900 square feet in total enclosed areas; or
[2]Â
Is located within the primary dwelling unit and does not increase
the amount of lot coverage already attributed to the primary dwelling
unit.
(c)Â
An additional dwelling unit meeting all of the provisions of
this section may not be subdivided or conveyed separately from the
primary dwelling unit; and
(d)Â
The provisions of this section may not be construed to authorize
the granting of a variance, unless the variance is granted in accordance
with the variance provisions contained herein.
(5)Â
RCA uses.
(a)Â
Existing industrial and commercial facilities, including those
that directly support agriculture, forestry, aquaculture, or residential
development not exceeding the one-per-twenty-acre density, shall be
allowed in RCAs.
(b)Â
Expansion of existing industrial facilities and uses in the RCA shall be subject to the nonconforming use provisions of this chapter and the grandfathering provisions in § 60-8 and may require growth allocation.
(c)Â
New commercial, industrial, and institutional uses shall not
be permitted in RCAs, except as provided for in the Town's growth
allocation provisions or as listed below. Additional land may not
be zoned or used for industrial, commercial, or institutional development,
except as provided by the Town's growth allocation provisions.
[2]Â
A golf course developed in accordance with the official guidance
adopted by the Critical Area Commission on August 3, 2005, excluding
main buildings and/or structures such as the clubhouse, pro shop,
parking lot, etc.;
[3]Â
A bed-and-breakfast facility located in an existing residential
structure and where meals are prepared only for guests staying at
the facility;
[4]Â
A day-care facility in a dwelling where the operators live on
the premises and there are no more than eight children;
[5]Â
A group home or assisted-living facility with no more than eight
residents.
A.Â
Applicability and delineation. An applicant for a development activity
or a change in land use shall apply all of the required standards
as described below. The buffer shall be delineated in the field and
shall be shown on all applications as follows:
(2)Â
Applications for a subdivision or development activity on land located within the RCA requiring site plan approval after July 1, 2008, shall include a minimum buffer of at least 200 feet from a tidal waterway or tidal wetlands. In the following instances, the 200-foot buffer does not apply, and the buffer shall be delineated in accordance with Subsections A(1) and A(3):
(3)Â
The 100-foot buffer shall be expanded beyond 100 feet as described in Subsection A(1) above, and beyond 200 feet as described in Subsection A(2) above, to include the following contiguous land features:
(a)Â
A steep slope at a rate of four feet for every 1% of slope or
the entire steep slope to the top of the slope, whichever is greater;
(b)Â
A nontidal wetland to the upland boundary of the nontidal wetland;
(c)Â
The 100-foot buffer that is associated with a nontidal wetland
of special state concern as stated in COMAR § 26.23.06.01;
and/or
B.Â
Development activities in the buffer. Leonardtown may authorize disturbance to the buffer for the following activities, provided mitigation is performed in accordance with Subsection D of this section and an approved buffer management plan is submitted as required per Subsection F of this section:
(1)Â
A new development or redevelopment activity associated with a water-dependent facility as described in § 60-6.
(2)Â
In accordance with COMAR 26.24.02, a shore erosion control measure
under COMAR 26.24.04, and this chapter.
(3)Â
A development or redevelopment activity approved in accordance with
the variance provisions of this chapter.
(4)Â
A new development or redevelopment activity on a lot or parcel that
was created before January 1, 2010, where:
(a)Â
The buffer is expanded for highly erodible soil on a slope less
than 15% or is expanded for a hydric soil and the expanded buffer
occupies at least 75% of the lot or parcel;
(b)Â
The development or redevelopment is located in the expanded
portion of the buffer and not within the 100-foot buffer; and
(c)Â
Mitigation occurs at a 2:1 ratio based on the lot coverage of
the proposed development activity that is in the expanded buffer.
(5)Â
A septic system on a lot created before January 11, 2021, where mitigation
is provided at a 1:1 ratio for area of canopy cleared of any forest
or developed woodland.
(6)Â
Riparian access for water access, where mitigation is required at
a rate of 2:1.
C.Â
Buffer establishment.
(1)Â
The requirements of this regulation are applicable to:
(a)Â
A development or redevelopment activity that occurs on a lot
or parcel that includes a buffer to tidal waters, a tidal wetland,
or a tributary stream if that development or redevelopment activity
is located outside the buffer; and
(b)Â
The approval of a subdivision that includes a buffer to tidal
waters, a tidal wetland, or a tributary stream.
(2)Â
If an applicant for a subdivision of a lot uses or leases the lot
for an agricultural purpose, the applicant:
(a)Â
In accordance with local land recordation requirements, shall record an approved buffer management plan under Subsection F of this section; and
(b)Â
If authorized by the local jurisdiction, may delay implementation
of the buffer management plan until the use of the lot is converted
to a nonagricultural purpose.
(3)Â
The requirements of this regulation are not applicable to an in-kind
replacement of a structure.
(4)Â
(5)Â
When the buffer is not fully forested or is not fully established
in existing, naturally occurring woody or wetland vegetation, an applicant
shall establish the buffer to the extent required in the following
table:
Table 3.C(5). Buffer Establishment Requirements
| ||
---|---|---|
Development Category
|
Lot Created Before January 11, 2021
|
Lot Created After January 11, 2021
|
Development on a vacant lot
|
Establish the buffer based on total square footage of lot coverage
outside the buffer
|
Fully establish the buffer
|
Subdivision
|
Fully establish the buffer
| |
New lot with an existing dwelling unit
|
Establish the buffer based on total square footage of lot coverage
outside the buffer
| |
Conversion of a land use on a parcel or lot to another land
use
|
Fully establish the buffer
| |
Addition, accessory structure, or redevelopment
|
Establish the buffer based on net square footage increase in
lot coverage outside the buffer
| |
Substantial alteration
|
Establish the buffer based on total square footage of lot coverage
outside the buffer
|
(6)Â
The Town may authorize an applicant to deduct from the total establishment
requirement an area of lot coverage removed from the buffer if:
D.Â
Mitigation for impacts to the buffer. An applicant for a development
activity that includes disturbance to the buffer shall mitigate for
impacts to the buffer and shall provide a buffer Management Plan in
accordance with the standards set forth in this section.
(1)Â
All authorized development activities shall be mitigated based on
the ratios noted in the table below, in addition to the area of canopy
coverage removed for an individual tree, developed woodland or forest.
Table 3.D.1 Buffer Mitigation Ratios
| ||
---|---|---|
Activity
|
Mitigation Ratio
| |
Permanent Disturbance
|
Temporary Disturbance
| |
Septic on a lot created before Town Critical Area Program approval
if located in existing grass or if clearing is not required
|
Not applicable
|
0
|
Septic system in a forest or developed woodland on a lot created
before local program approval if clearing is required
|
1:1
|
Not applicable
|
Shore erosion control
|
1:1
|
1:1
|
Riparian water access
|
2:1
|
1:1
|
Water-dependent facility
|
2:1
|
1:1
|
Variance
|
3:1
|
1:1
|
(2)Â
All unauthorized development activities in the buffer shall be mitigated
at a ratio of 4:1 for the area of disturbance in the buffer.
(4)Â
The installation or cultivation of new lawn or turf in the buffer
is prohibited.
E.Â
Buffer planting standards.
(1)Â
An applicant that is required to plant the buffer to meet establishment
or mitigation requirements shall apply the planting standards set
forth in the table below.
Table 3.E.1 Landscape Stock Credit
| |||
---|---|---|---|
Vegetation Type
|
Minimum Size Eligible for Credit
|
Maximum Credit Allowed
(square feet)
|
Maximum Percentage of Landscape Stock Credit
|
Canopy tree
|
2-inch caliper
|
200
|
Not applicable
|
Canopy tree
|
3/4-inch caliper
|
100
|
Not applicable
|
Understory tree
|
3/4-inch caliper
|
75
|
Not applicable
|
Large shrub
|
3 feet high
|
50
|
30%
|
Small shrub
|
18 inches high
|
25
|
20%
|
Herbaceous perennial
|
1 quart or based on the area covered by plugs or seed mix
|
2
|
10%
|
Planting Cluster A (For less than 1/2 acre of planting)
|
1 canopy tree; and 3 large shrubs or 6 small shrubs of size
listed above
|
300
|
Not applicable
|
Planting Cluster B (For less than 1/2 acre of planting)
|
2 understory trees; and 3 large shrubs or 6 small shrubs of
size listed above
|
350
|
Not applicable
|
(2)Â
A variance to the planting and mitigation standards of this chapter
is not permitted.
F.Â
Required submittal of buffer management plans. An applicant that
is required to plant the buffer to meet establishment or mitigation
requirements shall submit a buffer management plan in accordance with
COMAR 27.01.09.01-3. The provisions of this subsection do not apply
to maintaining an existing grass lawn or an existing garden in the
buffer.
(1)Â
Any permit for a development activity that requires buffer establishment
or buffer mitigation will not be issued until a buffer management
plan is approved by the Town.
(2)Â
An applicant may not obtain final approval of a subdivision application
until the buffer management plan has been reviewed and approved by
the Town.
(4)Â
For a buffer management plan that is the result of an authorized
disturbance to the buffer, a permit authorizing final use and occupancy
will not be issued until the applicant:
(a)Â
Completes the implementation of a buffer management plan; or
(5)Â
Concurrent with recordation of a subdivision plat, an applicant shall
record a protective easement for the buffer.
(6)Â
If an applicant fails to implement a buffer management plan, that
failure shall constitute a violation of this chapter. A permit for
development activity will not be issued for a property that has the
violation.
(7)Â
An applicant shall post a subdivision with permanent signs prior
to final recordation in accordance with COMAR 27.01.09.01-2.
(8)Â
Buffer management plans that include natural regeneration shall follow
the provisions of COMAR 27.01.09.01-4.
G.Â
Fee in lieu of buffer mitigation. A fee in lieu of mitigation will be collected if the planting requirements of Subsection D above cannot be fully met on-site, in accordance with the following standards:
(1)Â
Fee-in-lieu monies shall be collected and held in a special fund,
which may not revert to the Town's general fund;
(2)Â
Fee in lieu shall be assessed at $1.50 per square foot of required
buffer mitigation;
(3)Â
A portion of fee-in-lieu money can be used for management and administrative
costs; however, this cannot exceed 20% of the fees collected; and
(4)Â
Fee-in-lieu monies shall be used for the following projects:
A.Â
Applicability. The following provisions apply to areas designated
and mapped by the Town as modified buffer areas (MBA) and shown on
maps available to the public held by the Town. All MBA maps and provisions
must be approved by the Critical Area Commission.
B.Â
Development and redevelopment standards. New development or redevelopment
activities, including structures, roads, parking areas, other impervious
surfaces, and septic systems will not be permitted in the buffer in
a designated MBA unless the applicant can demonstrate that there is
no feasible alternative and the Mayor and Town Council find that efforts
have been made to minimize buffer impacts, and the development shall
comply with the following standards:
(1)Â
Development and redevelopment activities have been located as far
as possible from mean high tide, the landward boundary of tidal wetlands,
or the edge of each bank of tributary streams.
(2)Â
Variances to other local setback requirements have been considered
before additional intrusion into the buffer.
(3)Â
Commercial, industrial, institutional, recreational and multifamily
residential development and redevelopment shall meet the following
standards:
(a)Â
New development, including accessory structures, shall minimize
the extent of intrusion into the buffer. New development shall not
be located closer to the water (or edge of tidal wetlands) than the
minimum required setback for the zoning district or 50 feet, whichever
is greater. Structures on adjacent properties shall not be used to
determine the setback line.
(b)Â
Redevelopment, including accessory structures, shall minimize
the extent of intrusion into the buffer. Redevelopment shall not be
located closer to the water (or edge of tidal wetlands) than the local
setback for the zoning district or 25 feet, whichever is greater.
Structures on adjacent properties shall not be used to determine the
setback line. A new structure may be constructed on the footprint
of an existing structure.
(4)Â
Single-family residential development and redevelopment shall meet
the following standards:
(a)Â
New development or redevelopment shall minimize the shoreward
extent of intrusion into the buffer. New development and redevelopment
shall not be located closer to the water (or the edge of tidal wetlands)
than principal structures on adjacent properties or the local setback
for the zoning district, whichever is greater. In no case shall new
development or redevelopment be located less than 50 feet from the
water (or the edge of tidal wetlands).
(b)Â
Existing principal or accessory structures may be replaced in
the same footprint.
(c)Â
New accessory structures may be located closer to the water
than the setback if the Town Administrator or his/her designee has
determined there are no other locations for the structures. The area
of new accessory structures shall not exceed 500 square feet within
50 feet of the water and 1,000 square feet total in the buffer.
(5)Â
Variances to other local setback requirements shall be considered
before additional intrusion into the buffer is permitted.
(6)Â
Development and redevelopment may not impact any HPA other than the
buffer, including nontidal wetlands, other state or federal permits
notwithstanding.
(7)Â
Modified buffer area designation shall not be used to facilitate
the filling of tidal wetlands that are contiguous to the buffer or
to create additional buildable land for new development or redevelopment.
(8)Â
No natural vegetation may be removed in the buffer except that required
by the proposed construction.
(9)Â
Mitigation for development or redevelopment in the MBA approved under
the provisions of this subsection shall be implemented as follows:
(a)Â
Natural forest vegetation of an area twice the extent of the
footprint of the development activity within the 100-foot buffer shall
be planted on-site in the buffer or at another location approved by
the Mayor and Town Council.
(b)Â
Applicants who cannot fully comply with the planting requirement in Subsection B(9)(a), above, may offset the mitigation requirement by removing an equivalent area of existing lot coverage in the buffer.
(c)Â
Applicants who cannot comply with either the planting or offset requirements in Subsection B(9)(a) or (b) above shall pay into a fee-in-lieu program as follows:
[1]Â
Applicants shall submit to the Mayor and Town Council two cost
estimates from qualified landscape businesses for planting the equivalent
of twice the extent of the development within the buffer. The estimate
shall include the cost of stock, planting, staking, mulching and a
one-year guarantee.
[2]Â
The Mayor and Town Council shall determine the amount of the
fee in lieu based on the average of the two estimates.
(d)Â
Any fees in lieu collected under these provisions shall be placed
in an account that will assure their use only for projects within
the critical area to enhance wildlife habitat, improve water quality,
or otherwise promote the goals of the Town's Critical Area Program.
The funds cannot be used to accomplish a project or measure that would
have been required under existing local, state, or federal laws, regulations,
statutes, or permits. The status of these funds must be reported in
the jurisdiction's quarterly reports.
(e)Â
Any required mitigation or offset areas shall be protected from
future development through an easement, development agreement, plat
notes or other instrument and recorded among the land records for
St. Mary's County.
A.Â
Identification. An applicant for a development activity, redevelopment
activity or change in land use shall identify all applicable HPAs
and follow the standards contained in this section. HPAs include:
(1)Â
Threatened or endangered species or species in need of conservation;
(2)Â
Colonial waterbird nesting sites;
(3)Â
Historic waterfowl staging and concentration areas in tidal waters,
tributary streams or tidal and nontidal wetlands;
(4)Â
Existing riparian forests;
(5)Â
Forest areas utilized as breeding areas by forest interior dwelling
birds and other wildlife species;
(7)Â
Natural heritage areas; and
(8)Â
Anadromous fish propagation waters.
B.Â
Standards.
(1)Â
An applicant for a development activity proposed for a site within
the critical area that is in or near an HPA listed above shall request
review by the Department of Natural Resources and, as necessary, United
States Fish and Wildlife Service, for comment and technical advice.
Based on the Department of Natural Resource's recommendations, additional
research and site analysis may be required to identify the location
of threatened and endangered species and species in need of conservation
on a site.
(2)Â
If the presence of any HPA is confirmed by the Department of Natural
Resources, the applicant shall follow all recommendations from the
Department of Natural Resources and, as necessary, United States Fish
and Wildlife Service.
(a)Â
If potential forest interior dwelling species (FIDS) habitat
is identified, the proposed development shall conform to the Critical
Area Commission's FIDS Guidance Manual, dated June 2000 and as updated.
(b)Â
If potential anadromous fish propagation waters are identified,
the proposed development shall conform to the policies and criteria
listed in COMAR 27.01.09.05.
(3)Â
The specific protection and conservation measures recommended by
the Department of Natural Resources and the United States Fish and
Wildlife Service shall be included on the site plan and shall be considered
conditions of approval for the project.
A.Â
Applicability. The provisions of this chapter apply to those structures
or works associated with industrial, maritime, recreational, educational,
or fisheries activities that require location at or near the shoreline
within the buffer. An activity is water-dependent if it cannot exist
outside the buffer and is dependent on the water by reason of the
intrinsic nature of its operation.
B.Â
Identification. Water-dependent facilities include, but are not limited
to, ports, the intake and outfall structures of power plants, water-use
industries, marinas, and other boat docking structures, public beaches
and other public water-oriented recreation areas, and fisheries activities.
Excluded from this regulation are individual private piers installed
or maintained by riparian landowners, and which are not part of a
subdivision that provides community piers.
C.Â
Standards. The following standards shall apply to new or expanded
development activities associated with water-dependent facilities:
(1)Â
New or expanded development activities may be permitted in the buffer
in the IDAs and LDAs, provided that it can be shown:
(a)Â
That they are water dependent;
(b)Â
That the project meets a recognized private right or public
need;
(c)Â
That adverse effects on water quality, fish, plant, and wildlife
habitat are minimized;
(d)Â
That, insofar as possible, non-water-dependent structures or
operations associated with water-dependent projects or activities
are located outside the buffer; and
(e)Â
That the facilities are consistent with an approved local plan
as set forth below.
(2)Â
New or expanded development activities may not be permitted in those
portions of the buffer which occur in RCAs. Applicants for water-dependent
facilities in an RCA, other than those specifically permitted herein,
must apply for a portion of the Town's growth allocation as set forth
in this chapter.
D.Â
Evaluating plans for new and expanded water-dependent facilities.
The Mayor and Town Council shall evaluate on a case-by-case basis,
with recommendations from the Town Administrator or his/her designee,
all proposals for expansion of existing or new water-dependent facilities.
The Town shall work with appropriate state and federal agencies to
ensure compliance with applicable regulations. The following factors
shall be considered when evaluating proposals for new or expanded
water-dependent facilities:
(1)Â
That the activities will not significantly alter existing water circulation
patterns or salinity regimes;
(2)Â
That the water body upon which these activities are proposed has
adequate flushing characteristics in the area;
(3)Â
That disturbance to wetlands, submerged aquatic plant beds, or other
areas of important aquatic habitats will be minimized;
(4)Â
That adverse impacts to water quality that may occur as a result
of these activities, such as non-point source runoff, sewage discharge
from land activities or vessels, or from boat cleaning and maintenance
operations, is minimized;
(5)Â
That shellfish beds will not be disturbed or be made subject to discharge
that will render them unsuitable for harvesting;
(6)Â
That dredging shall be conducted in a manner, and using a method,
which causes the least disturbance to water quality and aquatic and
terrestrial habitats in the area immediately surrounding the dredging
operation or within the critical area, generally;
(7)Â
That dredged spoil will not be placed within the buffer or elsewhere
in that portion of the critical area which has been designated as
an HPA except as necessary for:
(8)Â
That interference with the natural transport of sand will be minimized;
and
(9)Â
That disturbance will be avoided to historic areas of waterfowl staging
and concentration or other HP As identified in the HPA chapter.
E.Â
Industrial and port-related facilities. New, expanded, or redeveloped
industrial or port-related facilities and the replacement of these
facilities may be permitted only in those portions of IDAs that have
been designated as MBAs as described in this chapter and are subject
to the provisions set forth in that Chapter.
F.Â
Marinas and other commercial maritime facilities. New, expanded or
redeveloped marinas may be permitted in the buffer within IDAs and
LDAs subject to the requirements set forth in this chapter. New marinas
or related maritime facilities may not be permitted in the buffer
within RCAs except as provided in this chapter. Expansion of existing
marinas may be permitted by the municipality within RCAs, provided
that it is sufficiently demonstrated that the expansion will not adversely
affect water quality, and that it will result in an overall net improvement
in water quality at or leaving the site of the marina. New and existing
marinas shall meet the sanitary requirements of the Department of
the Environment as required in COMAR 26.04.02. New marinas shall establish
a means of minimizing the discharge of bottom wash waters into tidal
waters.
G.Â
Community piers. New or expanded community marinas and other noncommercial
boat-docking and storage facilities may be permitted in the buffer
subject to the requirements in this chapter, provided that:
(1)Â
These facilities may not offer food, fuel, or other goods and services
for sale and shall provide adequate and clean sanitary facilities;
(2)Â
The facilities are community owned and established and operated for
the benefit of the residents of a platted and recorded riparian subdivision;
(3)Â
The facilities are associated with a residential development approved
by Leonardtown for the critical area and consistent with all state
requirements and program requirements for the critical area;
(4)Â
Disturbance to the buffer is the minimum necessary to provide a single
point of access to the facilities; and
(5)Â
If community piers, slips, or moorings are provided as part of the
new development, private piers in the development are not allowed.
H.Â
Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of Subsection H(1) or (2) below:
(1)Â
One slip for each 50 feet of shoreline in the subdivision in the
IDAs and LDAs and one slip for each 300 feet of shoreline in the subdivision
in the RCA; or
(2)Â
A density of slips or piers to platted lots or dwellings within the
subdivision in the critical area according to the following schedule:
Table H(2). Number of Slips Permitted
| |
---|---|
Platted Lots or Dwellings in the Critical Area
|
Slips
|
Up to 15
|
1 for each lot
|
16 to 40
|
15 or 75%, whichever is greater
|
41 to 100
|
30 or 50%, whichever is greater
|
101 to 300
|
50 or 25%, whichever is greater
|
over 300
|
75 or 15%, whichever is greater
|
I.Â
Public beaches and other public water-oriented recreation or education
areas. Public beaches or other public water-oriented recreation or
education areas, including, but not limited to, publicly owned boat
launching and docking facilities and fishing piers may be permitted
in the buffer in IDAs. These facilities may be permitted within the
buffer in LDAs and RCAs, provided that:
(1)Â
Adequate sanitary facilities exist;
(2)Â
Service facilities are, to the extent possible, located outside the
buffer;
(3)Â
Areas for possible recreation, such as nature study, and hunting
and trapping, and for education, may be permitted in the buffer within
RCAs if service facilities for these uses are located outside of the
buffer.
J.Â
Research areas. Water-dependent research facilities or activities
operated by state, federal, or local agencies or educational institutions
may be permitted in the buffer, if non-water-dependent structures
or facilities associated with these projects are, to the extent possible,
located outside of the buffer.
K.Â
Fisheries activities. Lands and water areas with high aquacultural
potential will be identified by the Town in cooperation with the state
when applications for new or expanded fisheries or aquaculture facilities
in these areas are submitted to the Town. These areas are encouraged
for that use and, if so used, should be protected from degradation
by other types of land and water use or by adjacent land and water
uses. Commercial water-dependent fisheries, including, but not limited
to, structures for crab shedding, fish off-loading docks, shellfish-culture
operations and shore-based facilities necessary for aquaculture operations
and fisheries activities may be permitted in the buffer in IDAs, LDAs
and RCAs.
A.Â
Growth allocation acreage and deduction.
(2)Â
The Town's current growth allocation acreage remaining is 200 acres,
provided to the Town from the county per Resolution No. 2018-33, as
of January 11, 2021.
[Amended 2-13-2023 by Ord. No. 215]
(3)Â
A local jurisdiction shall deduct acreage from its growth allocation
reserves in accordance with COMAR 27.01.02.06-4.
B.Â
Purpose. Growth allocation is available for use in an RCA or in an
LDA in the Town's Critical Area Overlay District. The purpose is to
authorize a change in the critical area classification to develop
at a higher density or use than the current classification allows.
C.Â
Process. An applicant shall submit to the Town a complete application
for growth allocation that complies with the submittal and environmental
report requirements of COMAR 27.01.02.06-1 — .06-2. A growth
allocation request shall be approved by the Mayor and Town Council
prior to submission to the Critical Area Commission.
D.Â
Requirements. When locating new IDAs or LDAs, the following requirements
apply:
(1)Â
Except as set forth in Subsection E(2) below, a new IDA shall be at least 20 acres.
[Amended 2-13-2023 by Ord. No. 215]
(2)Â
No more than 1/2 of the Town's growth allocation may be located in RCAs except as provided in Subsection D(3) below.
(3)Â
If the Town is unable to utilize a portion of its growth allocation as set out in Subsection D(2) above, then that portion of the growth allocation which cannot be so located may be located in the RCAs if the growth allocation is consistent with the Comprehensive Plan, as per Natural Resource § 8-1808.1, Annotated Code of Maryland.
E.Â
Standards.
(1)Â
When locating new IDAs or LDAs, the following standards shall apply:
(a)Â
Except as set forth in Subsection E(2) below, a new IDA shall only be located in an LDA or adjacent to an existing IDA.
[Amended 2-13-2023 by Ord. No. 215]
(b)Â
Except as set forth in Subsection E(2) below, a new LDA shall only be located adjacent to an existing LDA or an IDA.
[Amended 2-13-2023 by Ord. No. 215]
(c)Â
A new LDA or IDA shall be located in a manner that minimizes
impacts to HPA as defined herein and in COMAR 27.01.09 and in an area
and manner that optimizes benefits to water quality;
(d)Â
New IDAs shall only be located where they minimize their impacts
to the defined land uses of the RCA;
(e)Â
A new IDA or an LDA in an RCA shall be located at least 300
feet beyond the landward edge of tidal wetlands or tidal waters; and
(f)Â
New intensely developed or LDAs to be located in RCAs shall
conform to all criteria of the Town for such areas, shall be so designated
on the Town's Critical Area Maps and shall constitute an amendment
to this chapter subject to review and approval by the Planning and
Zoning Commission, the Mayor and Town Council, and the Critical Area
Commission as provided herein.
(2)Â
The Town may use a portion of its growth allocation in a manner that varies from Subsections D(1) and E(1)(a) and (b) above, provided that the area to receive growth allocation meets the following standards:
[Amended 2-13-2023 by Ord. No. 215]
(a)Â
Any development will be serviced by public water and sewer.
(b)Â
The area is located in a priority funding area.
(c)Â
The development is consistent with the Comprehensive Plan; and
(d)Â
The development will have an overall economic benefit to the
community, or implements a specific goal, objective or policy of the
Comprehensive Plan.
F.Â
Additional factors. In reviewing map amendments or refinements involving
the use of growth allocation, the Town shall consider the following
factors:
(1)Â
Consistency with the Comprehensive Plan and whether the growth allocation
would implement the goals and objectives thereof.
(2)Â
For a map amendment or refinement involving a new LDA, whether the
development is:
(4)Â
The use of existing public infrastructure, where practical;
(5)Â
Consistency with state and regional environmental protection policies
concerning the protection of threatened and endangered species and
species in need of conservation that may be located on- or off-site;
(6)Â
Impacts on a priority preservation area;
(7)Â
Environmental impacts associated with wastewater and stormwater management
practices and wastewater and stormwater discharges to tidal waters,
tidal wetlands, and tributary streams; and
(8)Â
Environmental impacts associated with location in a coastal hazard
area or an increased risk of severe flooding attributable to the proposed
development.
A.Â
Continuation of existing uses.
(1)Â
The continuation, but not necessarily the intensification or expansion,
of any use in existence on January 11, 2021, may be permitted, unless
the use has been abandoned for more than one year or is otherwise
restricted by existing municipal ordinances.
B.Â
Residential density on grandfathered lots.
(1)Â
Except as otherwise provided, the following types of land are permitted
to be developed with a single-family dwelling, if a dwelling is not
already placed there, notwithstanding that such development may be
inconsistent with the density provisions of this chapter.
(a)Â
Any land on which development activity has progressed to the
point of pouring of foundation footings or the installation of structural
members;
(b)Â
A legal parcel of land, not being part of a recorded or approved
subdivision that was recorded as of December 1, 1985;
(c)Â
Land that received a building permit subsequent to December
1, 1985, but prior to January 11, 2021, may;
(d)Â
Land that was subdivided into recorded, legally buildable lots,
where the subdivision received final approval between June 1, 1984,
and December 1, 1985; and
(e)Â
Land that was subdivided into recorded, legally buildable lots,
where the subdivision received the final approval after December 1,
1985, and provided that either development of any such land conforms
to the IDA, LDA or RCA requirements in this chapter or the area of
the land has been counted against the growth allocation permitted
under this chapter.
C.Â
Implementation.
(1)Â
For purposes of implementing this regulation, a local jurisdiction
shall have determined, based on land uses and development in existence
on December 1, 1985, which land areas fall within the three types
of development areas described in this chapter.
(2)Â
Nothing in this section may be interpreted as altering any requirements
of this chapter related to water-dependent facilities or HPAs.
A.Â
Applicability. The Town has established provisions where, owing to
special features of a site or other circumstances, implementation
of this chapter or a literal enforcement of provisions within this
chapter would result in unwarranted hardship to an applicant, a critical
area variance may be obtained.
(1)Â
In considering an application for a variance, the Town shall presume
that the specific development activity in the critical area, that
is subject to the application and for which a variance is required,
does not conform with the general purpose and intent of Natural Resources
Article Title 8, Subtitle 18, Annotated Code of Maryland, COMAR Title
27, and the requirements of this chapter.
(2)Â
Unwarranted hardship means that without a variance, an applicant
would be denied reasonable and significant use of the entire parcel
or lot for which the variance is requested.
B.Â
Standing. In accordance with Natural Resources Article § 8-1808(d)(2),
Annotated Code of Maryland, if a person meets the threshold standing
requirements under federal law, the person shall have standing to
participate as a party in a local administrative proceeding.
C.Â
Standards. The provisions for granting such a variance shall include
evidence submitted by the applicant that the following standards are
met:
(1)Â
Due to special features of the site or special conditions or circumstances
peculiar to the land or structure involved, a literal enforcement
of provisions and requirements of this chapter would result in unwarranted
hardship;
(2)Â
A literal interpretation of the provisions of this chapter will deprive
the applicant the use of land or a structure permitted to others in
accordance with the provisions of this chapter;
(3)Â
The granting of a variance will not confer upon an applicant any
special privilege that would be denied by this chapter to other lands
or structures within the critical area;
(4)Â
The variance request is not based upon conditions or circumstances
which are the result of actions by the applicant, including the commencement
of development activity before an application for a variance has been
filed;
(5)Â
The request does not arise from any condition relating to land or
building use, either permitted or nonconforming on any neighboring
property;
(6)Â
The granting of a variance shall not adversely affect water quality
or adversely impact fish, wildlife or plant habitat within the critical
area; and
(7)Â
The granting of the variance will be in harmony with the general
spirit and intent of the State Critical Area Law and this chapter.
D.Â
Process. Applications for a variance will be made in writing to the
Board of Appeals with a copy provided to the Critical Area Commission.
The Town shall follow its established procedures for advertising and
notification of affected landowners.
(1)Â
After hearing an application for a Critical Area Program variance,
the Board of Appeals shall make written findings reflecting analysis
of each standard. With due regard for the person's technical competence,
and specialized knowledge, the written findings may be based on evidence
introduced and testimony presented by:
(2)Â
If the variance request is based on conditions or circumstances that are the result of actions by the applicant, the Board of Appeals shall consider that fact, and whether the application has met the requirements of Subsection E below.
(3)Â
The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection A above.
(4)Â
Within 10 working days after issuance of a written variance decision,
the Board of Appeals shall notify the Critical Area Commission of
its findings and decision to grant or deny the variance request.
E.Â
After-the-fact requests.
(2)Â
The Town may not approve an after-the-fact variance unless an applicant
has:
(a)Â
Fully paid all administrative, civil and criminal penalties
imposed under Natural Resources Article § 8-1808(c)(1)(iii)
14-15 and (2)(i), Annotated Code of Maryland;
(b)Â
Prepared a restoration or mitigation plan, approved by the Town,
to abate impacts to water quality or natural resources as a result
of the violation; and
(c)Â
Performed the abatement measures in the approved plan in accordance
with the local Critical Area Program.
(4)Â
Application for an after-the-fact variance constitutes a waiver of
the right to appeal the terms of a notice of violation and its final
adjudication, including the payment of any penalties and costs assessed.
F.Â
Appeals. Appeals from decision concerning the granting or denial
of a variance under these regulations shall be taken in accordance
with all applicable laws and procedures of the Town for variances.
Variance decisions by the Board of Appeals may be appealed to the
Circuit Court of St. Mary's County in accordance with the Maryland
Rules of Procedure. Appeals may be taken by any person, firm, corporation,
or governmental agency aggrieved or adversely affected by any decision
made under this chapter.
G.Â
Conditions and mitigation. The Board of Appeals shall impose conditions
on the use or development of a property which is granted a variance
as it may find reasonable to ensure that the spirit and intent of
this chapter is maintained, including, but not limited to, the following:
(1)Â
Adverse impacts resulting from the granting of the variance shall
be mitigated as recommended by the Town Administrator or his/her designee,
but not less than by planting on the site per square foot of the variance
granted at no less than a 3:1 basis.
(2)Â
New or expanded structures or lot coverage shall be located the greatest
possible distance from mean high water, the landward edge of tidal
wetlands, tributary streams, nontidal wetlands, or steep slopes.
H.Â
Commission notification. Within 10 working days after a written decision
regarding a variance application is issued, a copy of the decision
will be sent to the Critical Area Commission. The Town may not issue
a permit for the activity that was the subject of the application
until the applicable thirty-day appeal period has elapsed.
A.Â
Applicability. The provisions of this section apply to a consolidation
or a reconfiguration of any nonconforming, legal, grandfathered parcel
or lot. These provisions do not apply to the reconfiguration or consolidation
of parcels or lots which are conforming or meet all critical area
requirements. Nonconforming parcels or lots include:
B.Â
Procedure. An applicant seeking a parcel or lot consolidation or
reconfiguration shall provide the required information required in
COMAR 27.01.02.08.E to the Town.
(1)Â
The Town may not approve a proposed parcel or lot consolidation or
reconfiguration without making written findings in accordance with
COMAR 27.01.02.08.F.
(2)Â
The Town shall issue a final written decision or order granting or
denying an application for a consolidation or reconfiguration.
(a)Â
After a final written decision or order is issued, the Town
shall send a copy of the decision or order and a copy of any approved
development plan within 10 business days by U.S. mail to the Critical
Area Commission's business address.
A.Â
Amendments. The Mayor and Town Council may from time to time amend
the critical area provisions of this chapter. Changes may include,
but are not limited to, amendments, revisions, and modifications to
these zoning regulations, Critical Area Maps, implementation procedures,
and local policies that affect the Town's critical area. All such
amendments, revisions, and modifications shall also be approved by
the Critical Area Commission as established in Natural Resources Article
§ 8-1809, Annotated Code of Maryland. No such amendment
shall be implemented without approval of the Critical Area Commission.
Standards and procedures for Critical Area Commission approval of
proposed amendments are as set forth in Natural Resources Article
§ 8-1809(i) and § 8-1809(d), Annotated Code of
Maryland, respectively.
B.Â
Zoning Map amendments. Except for program amendments or program refinements
developed during a six-year comprehensive review, a zoning map amendment
may only be granted by the Mayor and Town Council upon proof of a
mistake in the existing zoning. This requirement does not apply to
proposed changes to a zoning map that meet the following criteria:
C.Â
Process.
(1)Â
When an amendment is requested, the applicant shall submit the amendment
to the Planning and Zoning Commission for review and research. Upon
completing findings of fact, these documents shall be forwarded to
the Mayor and Town Council.
(2)Â
The Mayor and Town Council shall hold a public hearing at which parties
of interest and citizens shall have an opportunity to be heard. At
least 14 days' notice of the time and place of such hearing shall
be published in a newspaper of general circulation in the Town.
(3)Â
After the Mayor and Town Council approve an amendment, they shall
forward their decision and applicable resolutions along with the amendment
request to the Critical Area Commission for final approval.
A.Â
Consistency. The critical area provisions of this chapter, in accordance
with the Critical Area Act and Criteria supersede any inconsistent
law, chapter, or plan of the Town. In the case of conflicting provisions,
the stricter provisions shall apply.
B.Â
Violations.
(1)Â
No person shall violate any provision of this chapter. Each violation
that occurs and each calendar day that a violation continues shall
be a separate offense.
(2)Â
Each person who violates a provision of this chapter shall be subject
to separate administrative civil penalties, abatement and restoration
orders, and mitigation for each offense.
(3)Â
Noncompliance with any permit or order issued by the Town related
to the critical area shall be a violation of this chapter and shall
be enforced as provided herein.
C.Â
Responsible persons. The following persons may each be held jointly
or severally responsible for a violation:
D.Â
Required enforcement action. In the case of violations of this chapter,
the Town shall take enforcement action, including:
(1)Â
Assess administrative civil penalties as necessary to cover the costs
associated with performing inspections, supervising or rendering assistance
with identifying and citing the violation, issuing abatement and restoration
orders, and reviewing mitigation plans and ensuring compliance with
these plans;
(3)Â
Require the implementation of mitigation measures, in addition to
restoration activities, to offset the environmental damage and degradation
or loss of environmental benefit resulting from the violation.
E.Â
Right to enter property. Except as otherwise authorized and in accordance
with the procedures specified herein, the Mayor and Town Council or
their designee may obtain access to and enter a property in order
to identify or verify a suspected violation, restrain a development
activity, or issue a citation if the Town has probable cause to believe
that a violation of this chapter has occurred, is occurring, or will
occur. The Town shall make a reasonable effort to contact a property
owner before obtaining access to or entering the property. If entry
is denied, the Town may seek an injunction or other legal relief to
enter the property to pursue an enforcement action. In the event such
relief is granted, the property owner shall be responsible for the
Town's fees and costs incurred in seeking such relief, including reasonable
attorneys' fees and court costs.
F.Â
Administrative civil penalties. In addition to any other penalty
applicable under state or town law, every violation of a provision
of Natural Resources Article Title 8 Subtitle 18, Annotated Code of
Maryland, or the critical area provisions of this chapter shall be
punishable by a civil penalty of up to $10,000 per calendar day.
(1)Â
Before imposing any civil penalty, the person(s) believed to have
violated this chapter shall receive written notice of the alleged
violation(s), including which, if any, are continuing violations,
and an opportunity to be heard. The amount of the civil penalty for
each violation, including each continuing violation, shall be determined
separately. For each continuing violation, the amount of the civil
penalty shall be determined per day. In determining the amount of
the civil penalty, the Town shall consider:
(a)Â
The gravity of the violation;
(b)Â
The presence or absence of good faith of the violator;
(c)Â
Any willfulness or negligence involved in the violation, including
a history of prior violations;
(d)Â
The environmental impact of the violation; and
(e)Â
The cost of restoration of the resource affected by the violation
and mitigation for damage to that resource, including the cost to
the Town for performing, supervising, or rendering assistance to the
restoration and mitigation.
(2)Â
Administrative civil penalties for continuing violations shall accrue
for each violation, every day each violation continues, with no requirements
for additional assessments, notice, or hearings for each separate
offense. The total amount payable for continuing violations shall
be the amount assessed per day for each violation multiplied by the
number of days that each violation has continued.
(3)Â
The person responsible for any continuing violation shall promptly
provide the Town with written notice of the date(s) the violation
has been or will be brought into compliance and the date(s) for Town
inspection to verify compliance. Administrative civil penalties for
continuing violations continue to accrue as set forth herein until
the Town receives such written notice and verifies compliance by inspection
or otherwise.
(4)Â
Assessment and payment of administrative civil penalties shall be
in addition to and not in substitution for recovery by the Town of
all damages, costs, including reasonable attorneys' fees and court
costs, and other expenses caused by the violation.
(5)Â
Payment of all administrative civil penalties assessed shall be a
condition precedent to the issuance of any permit or other approval
required by this chapter.
G.Â
Cumulative remedies. The remedies available to the Town under this
chapter are cumulative and not alternative or exclusive, and the decision
to pursue one remedy does not preclude pursuit of others.
H.Â
Injunctive relief. The Town is authorized to institute injunctive
or other appropriate actions or proceedings to bring about the discontinuance
of any violation of this chapter, an administrative order, a permit,
a decision, or other imposed condition.
(1)Â
The pendency of an appeal to the Board of Appeals or subsequent judicial
review shall not prevent the Town from seeking injunctive relief to
enforce an administrative order, permit, decision, or other imposed
condition, or to restrain a violation pending the outcome of the appeal
or judicial review.
(2)Â
In the event injunctive or other relief sought by the Town to bring
about discontinuance of any violation of this chapter, an administrative
order, a permit, a decision, or other imposed condition is granted,
the person(s) determined to be in violation shall be responsible for
the Town's fees and costs incurred in seeking such relief, including
reasonable attorneys' fees and court costs.
I.Â
Variances pursuant to a violation. The Town may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this subtitle or any provisions of an order, permit, plan, or this chapter in accordance with the variance provisions of this chapter. However, the application shall not be reviewed, nor shall a final decision be made until all abatement, restoration, and mitigation measures have been implemented and inspected by the Town. Application for a variance constitutes a waiver to the right to appeal under Subsection K below.
J.Â
Permits pursuant to a violation. The Town may not issue any permit,
approval, variance, or special exception, unless the person seeking
the permit has:
(1)Â
Fully paid all administrative, civil, or criminal penalties as set forth in Subsection F above;
(2)Â
Prepared a restoration or mitigation plan, approved by the Town,
to abate impacts to water quality or natural resources as a result
of the violation;
(3)Â
Performed the abatement measures in the approved plan in accordance
with Town regulations; and
(4)Â
Unless an extension of time is approved by the Town because of adverse
planting conditions, within 90 days of the issuance of a permit, approval,
variance, or special exception for the affected property, any additional
mitigation required as a condition of approval for the permit, approval,
variance, or special exception shall be completed.
K.Â
Appeals. An appeal to the Board of Appeals may be filed by any person
aggrieved by any order, requirement, decision, or determination by
the Town in connection with the administration and enforcement of
this chapter.
(2)Â
An appeal must be filed within 30 days after the date of the decision
or order being appealed; and
(3)Â
An appeal stays all actions by the Town seeking enforcement or compliance
with the order or decisions being appealed, unless the Town certifies
to the Board of Appeals that (because of facts stated in the certificate)
such stay will cause imminent peril to life or property. In such a
case, action by the Town shall not be stayed except by order of the
Board of Appeals or a court upon application of the party seeking
the stay.
The following words have the following meanings for the purposes
of implementing the Critical Area Program and the Zoning Ordinance,
and the singular always include the plural, and vice versa, except
where such construction would be unreasonable:
The act of putting an end to a land alteration or development
activity or reducing the degree or intensity of the alteration or
activity.
A structure that is detached from the principal structure,
located on the same lot and clearly incidental and subordinate to
a principal structure or, if there is no principal structure on the
lot, a structure that is customarily incidental and subordinate to
a principal structure.
A newly constructed area that increases the size of a structure.
The establishment of a tree crop on an area from which it
has always or very long been absent, or the planting of open areas
which are not presently in forest cover.
All methods of production and management of livestock, crops,
vegetation, and soil. This includes, but is not limited to, the related
activities of tillage, fertilization, pest control, harvesting, and
marketing. It also includes, but is not limited to, the activities
of feeding, housing, and maintaining of animals such as cattle, dairy
cows, sheep, goats, hogs, horses, and poultry and handling their by-products.
Fish that travel upstream (from their primary habitat in
the ocean) to freshwater in order to spawn.
Those streams that are tributary to the Chesapeake Bay and
Atlantic Coastal Bays in which the spawning of anadromous species
of fish (e.g., rockfish, striped bass, yellow perch, white perch,
shad, and river herring) occurs or has occurred. The streams are identified
by the Department of Natural Resources.
Farming or culturing of finfish, shellfish, other aquatic plants
or animals or both, in lakes, streams, inlets, estuaries, and other
natural or artificial water bodies or impoundments;
Activities include hatching, cultivating, planting, feeding,
raising, and harvesting of aquatic plants and animals and the maintenance
and construction of necessary equipment, buildings, and growing areas;
and
Cultivation methods include, but are not limited to, seed or
larvae development and grow-out facilities, fish ponds, shellfish
rafts, rack and longlines, seaweed floats and the culture of clams
and oysters on tidelands and subtidal areas.
For the purpose of this definition, related activities such
as wholesale and retail sales, processing and product storage facilities
are not considered aquacultural practices.
Conservation practices or systems of practices and management
measures that control soil loss and reduce water quality degradation
caused by nutrients, animal waste, toxics and sediment. Agricultural
BMPs include, but are not limited to, strip cropping, terracing, contour
stripping, grass waterways, animal waste structures, ponds, minimal
tillage, grass and naturally vegetated filter strips, and proper nutrient
application measures.
The Board of Zoning Appeals for the Town of Leonardtown.
Area that, based on conditions at the time of development,
is immediately landward from mean high water of tidal waterways, the
edge of bank of a tributary stream, or the edge of a tidal wetland;
and the area exists in, or is established in, natural vegetation to
protect a stream, tidal wetland, tidal waters or terrestrial environments
from human disturbance. The buffer includes an area of at least 100
feet even if that area was previously disturbed by human activity
or is currently developed and also includes any expansion for contiguous
sensitive areas, such as a steep slope, hydric soil, highly erodible
soil, nontidal wetland, or a nontidal wetland of special state concern
as defined in COMAR 26.23.01.01.
Includes a major buffer management plan, a minor buffer management
plan, and a simplified buffer management plan.
A tree that when mature commonly reaches a height of at least
35 feet.
A residential development in which dwelling units are concentrated
in a selected area or selected areas of the development tract so as
to provide natural habitat or other open space uses on the remainder.
Herons, egrets, terns, and glossy ibis. For the purposes
of nesting, these birds congregate (that is, colonize) in relatively
few areas, at which time, the regional populations of these species
are highly susceptible to local disturbances.
The Code of Maryland Regulations, as from time to time amended,
including any successor provisions.
Boat-docking facilities associated with subdivisions or similar
residential areas, and with condominium, apartment and other multiple-family
dwelling units. Private piers are excluded from this definition.
A compilation of policy statements, goals, standards, maps
and pertinent data relative to the past, present and future trends
of the local jurisdiction, including, but not limited to, its population,
housing, economics, social patterns, land uses, water resources and
their use, transportation facilities and public facilities prepared
by or for the planning board, agency or office.
The Comprehensive Plan for the Town of Leonardtown.
A nonpossessory interest in land which restricts the manner
in which the land may be developed in an effort to reserve natural
resources for future use.
A combination of any legal parcel of land or recorded legally
buildable lot into fewer lots or parcels than originally existed.
An application for consolidation may include a subdivision, lot line
abandonment, boundary line adjustment, replatting request, or lot
line adjustment.
All lands and waters defined in Natural Resources Article
§ 8-1807, Annotated Code of Maryland. They include:
All waters of and lands under the Chesapeake Bay and Atlantic
Coastal Bays and their tributaries to the head of tide;
All state and private wetlands designated under Title 16 of
the Environment Article, Annotated Code of Maryland;
All land and water areas within 1,000 feet beyond the landward
boundaries of state or private wetlands and the heads of tides designated
under Environment Article Title 16, Annotated Code of Maryland; and
Modification to these areas through inclusions or exclusions
proposed by local jurisdictions and approved by the Critical Area
Commission as specified in Natural Resources Article § 8-1807,
Annotated Code of Maryland.
The Critical Area Commission for the Chesapeake and Atlantic
Coastal Bays.
The number of dwelling units per acre within a defined and
measurable area.
An area of trees or of trees and natural vegetation that
is interspersed with residential, commercial, industrial or recreational
development.
The construction or substantial alteration of residential,
commercial, industrial, institutional or transportation facilities
or structures.
An alteration or change to the land. It includes any amount
of clearing, grading, or construction activity. Disturbance does not
include gardening or maintaining an existing grass lawn.
A single unit providing complete, independent living facilities
for at least one person, including permanent provisions for sanitation,
cooking, eating, sleeping, and other activities routinely associated
with daily life. Dwelling unit includes living quarters for a domestic
or other employee or tenant, an in-law or accessory apartment, a guest
house, or a caretaker residence.
Any species of fish, wildlife, or plants that have been designated
as endangered by regulation by the Department of Natural Resources.
Designation occurs when the continued existence of these species as
viable components of the state's resources are determined to be in
jeopardy. This includes any species determined to be an endangered
species pursuant to the Federal Endangered Species Act, 16 U.S.C.
§ et seq., as amended.
The planting or regeneration of native vegetation throughout
the buffer.
A performance bond, letter of credit, cash deposit, insurance
policy, or other instrument of security acceptable to the Town.
Commercial, water-dependent fisheries facilities, including
structures for the parking, processing, canning, or freezing of finfish,
crustaceans, mollusks, and amphibians and reptiles and also including
related activities such as wholesale and retail sales product storage
facilities, crab shedding, off-loading docks, shellfish culture operations,
and shore-based facilities necessary for aquacultural operations.
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater. Forest
includes areas that have at least 100 trees per acre with at least
50% of those trees having two-inch or greater diameter at 4.5 feet
above the ground and forest areas that have been cut, but not cleared.
Forest does not include orchards.
The buffer contains as much diverse, native vegetation as
necessary to support a firm and stable riparian habitat capable of
self-sustaining growth and regeneration.
A parcel of land that was created or a lot created through
the subdivision process and recorded as a legally buildable lot prior
to December 1, 1985.
The number of acres of land in the Critical Area that the
Town may use, or St. Mary's County may allocate to the Town to use,
to create new IDAs and new LDA. The growth allocation acreage is 5%
of the total RCA acreage in the Town at the time the Critical Area
Commission approved the Town's original Critical Area Program, not
including tidal wetlands, plus additional acres as allocated by St.
Mary's County to the Town of Leonardtown.
A plan that provides for the protection and conservation
of the species and habitats identified as HPAs in the critical area.
The HPA shall be specific to the site or area where the species or
its habitat is located and shall address all aspects of a proposed
development activity that may affect the continued presence of the
species. These include, but are not limited to, cutting, clearing,
alterations of natural hydrology, and increases in lot coverage. In
developing the HPA, an applicant shall coordinate with the Department
of Natural Resources to ensure that the HPA is adequate to provide
for long-term conservation and can be effectively implemented on the
specific site.
Those soils with a slope greater than 15%; or those soils
with a K value greater than .35 and with slopes greater than 5%.
An area of open water and adjacent marshes where waterfowl
gather during migration and throughout the winter season. These areas
are historic in the sense that their location is common knowledge
and because these areas have been used regularly during recent times.
Soils that are wet frequently enough to periodically produce
anaerobic conditions, thereby influencing the species composition
of growth, or both, of plants on those soils.
The replacement of a structure with another structure that
is smaller than or identical to the original structure in footprint
area, width, length, and use.
An area of at least 20 acres or the entire upland portion
of the critical area within a municipal corporation, whichever is
less, where residential, commercial, institutional, or industrial
developed land uses predominate; and a relatively small amount of
natural habitat occurs. These areas include an area with a housing
density of at least four dwelling units per acre and/or an area with
public water and sewer systems with a housing density of more than
three dwelling units per acre.
Any activity that removes the vegetative ground cover.
An area with a housing density ranging from one dwelling
unit per five acres up to four dwelling units per acre; with a public
water or sewer system; that is not dominated by agricultural land,
wetland, forests, barren land, surface water, or open space; or that
is less than 20 acres and otherwise qualifies as an IDA under the
definition in this chapter.
Development of a minor scale, which causes environmental
or economic consequences that are largely confined to the immediate
area of the parcel of land on which it is located; does not substantially
affect the Town's Critical Area Program; and is not considered to
be major development as defined in this chapter.
The percentage of a total lot or parcel that is occupied
by a structure, accessory structure, parking area, driveway, walkway,
or roadway; or covered with a paver, walkway gravel, stone, shell,
impermeable decking, a paver, permeable pavement, or other any man-made
material. Lot coverage includes the ground area covered or occupied
by a stairway or impermeable deck, but does not include a fence or
wall that is less than one foot in width that has not been constructed
with a footer; a walkway in the buffer or expanded buffer, including
a stairway, that provides direct access to a community or private
pier; a wood mulch pathway; or a deck with gaps to allow water to
pass freely.
Development of a scale that may cause state-wide, regional,
or interjurisdictional, environmental or economic effects in the critical
area, or which may cause substantial impacts to the critical area
of a local jurisdiction. This development includes, but is not limited
to, airports, power plants, wastewater treatment plants, highways,
regional utility transmission facilities, prisons, hospitals, public
housing projects, public beaches, and intensely developed park and
recreation facilities.
Any facility for the mooring, berthing, storing, or securing
of watercraft, but not including community piers and other noncommercial
boat docking and storage facilities.
The Mayor and Council of the Town of Leonardtown.
The average level of high tides at a given location.
An action taken to compensate for adverse impacts to the
environment resulting from development, development activity, or a
change in land use or intensity.
An area officially mapped by the Town and approved by the
Critical Area Commission as an MBA, where it has been sufficiently
demonstrated that the existing pattern of residential, industrial,
commercial, institutional, or recreational development prevents the
buffer from fulfilling its water quality and habitat functions, and
where development in accordance with specific MBA provisions can be
permitted in the buffer without a variance.
A species that is indigenous to the physiographic area in
Maryland where the planting is proposed.
Any community of plants or animals which are considered to
be among the best statewide examples of their kind, and are designated
by regulation by the Department of Natural Resources.
The natural establishment of trees and other vegetation with
at least 400 free-to-grow seedlings per acre, which are capable of
reaching a height of at least 20 feet at maturity.
Those plant communities that develop in the absence of human
activity.
For purposes of implementing specific provisions of this
chapter, new developments (as opposed to redevelopment) means a development
activity that takes place on a property with predevelopment imperviousness
(in IDA) or lot coverage (LDA and RCA) of less than 15% as of December
1, 1985.
Those areas regulated under Environment Article Subtitle
26, Annotated Code of Maryland, that are inundated or saturated by
surface water or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation." The determination of whether
an area is a nontidal wetland shall be made in accordance with the
publication known as the "Federal Manual for Identifying and Delineating
Jurisdictional Wetlands," published in 1989, and as may be amended.
Nontidal wetlands do not include tidal wetlands regulated under Environment
Article Title 16, Annotated Code of Maryland.
An individual, partnership, corporation, contractor, property
owner, or any other person or entity.
The soils, topography, land slope and aspect, and local climate
that influence the form and species composition of plant communities.
Any pier, wharf, dock, walkway, bulkhead, breakwater, piles
or other similar structure. Pier does not include any structure on
pilings or stilts that was originally constructed beyond the landward
boundaries of state or private wetlands.
The Planning and Zoning Commission for the Town of Leonardtown.
A community of plants commonly identifiable by the composition
of its vegetation and its physiographic characteristics.
A facility or area established or designated by the state
or local jurisdictions for purposes of waterborne commerce.
The primary or predominant structure on any lot or parcel.
For residential parcels or lots, the principal structure is the primary
dwelling.
A person holding title to a property or two or more persons
holding title to a property under any form of joint ownership.
Shore-dependent recreation facilities or activities provided
by public agencies that are available to the general public.
A change of the configuration of an existing lot or parcel
line of any legal parcel of land or recorded legally buildable lot.
An application for reconfiguration may include a subdivision, a lot
line adjustment, a boundary line adjustment, a replatting request,
or a revision of acreage to increase density.
The process of developing land which is or has been developed.
For purposes of implementing specific provisions of this chapter,
redevelopment (as opposed to new development) means a development
activity that takes place on property with predevelopment imperviousness
(in IDA) or lot coverage (in LDA and RCA) of 15% or greater.
The establishment of a forest through artificial reproduction
or natural regeneration.
An area that is characterized by nature-dominated environments,
such as wetlands, surface water, forests, and open space; and resource-based
activities, such as agriculture, forestry, fisheries, or aquaculture.
Resource conservation areas include areas with a housing density of
less than one dwelling per five acres.
The act of returning a site or area to an original state
or any action that reestablishes all or a portion of the ecological
structure and functions of a site or area.
Those fish and wildlife whose continued existence as part
of the state's resources are in question and which may be designated
by regulation by the Department of Natural Resources as in need of
conservation pursuant to the requirements of Natural Resources Article
§§ 10-2A-06 and 4-2A-03, Annotated Code of Maryland.
Slopes of 15% or greater incline.
Building or construction materials, or a combination of those
materials that are purposely assembled or joined together on or over
land or water. Structure includes a temporary or permanent fixed or
floating pier, piling, deck, walkway, dwelling, building, boathouse,
platform, gazebo, or shelter for the purpose of marine access, navigation,
working, eating, sleeping, or recreating.
Chapter 131, Subdivision Regulations, of the Code of the Town of Leonardtown, as amended from time to time.
The Commissioners of Leonardtown, a Maryland municipal corporation.
A perennial stream or intermittent stream within the Critical
Area that has been identified by site inspection or in accordance
with local chapter procedures approved by the Critical Area Commission.
Without a variance, an applicant would be denied reasonable
and significant use of the entire parcel or lot for which the variance
is requested.
The landward edge of a tidal wetland or nontidal wetland.
Fixed structures that convey or distribute resources, wastes,
or both, including but not limited to electrical lines, water conduits
and sewer lines.
Those structures or works associated with industrial, maritime,
recreational, educational, or fisheries activities that require location
at or near the shoreline within the buffer. An activity is water-dependent
if it cannot exist outside the buffer and is dependent on the water
by reason of the intrinsic nature of its operation. Such activities
include, but are not limited to, ports, the intake and outfall structures
of power plants, water-use industries, marinas and other boat-docking
structures, public beaches and other public water-oriented recreation
areas, and fisheries activities.
An industry that requires location near the shoreline because
it utilizes surface waters for cooling or other internal purposes.
Birds that frequent and often swim in water, nest, and raise
their young near water, and derive at least part of their food from
aquatic plants and animals.
A strip of land having vegetation that provides habitat and
safe passage for wildlife.
Those plant communities and physiographic features that provide
food, water, cover, and nesting areas, as well as foraging and feeding
conditions necessary to maintain populations of animals in the critical
area.
Chapter 155, Zoning, of the Code of the Town of Leonardtown, as amended from time to time.