§ 33-2-203. DEVELOPMENT - PLATS AND PROTECTIVE COVENANTS.

(a)

Required protective covenants.

(1)

A person who submits a plat to the county under Article 32, Title 4 of the Code shall also submit an irrevocable offer of dedication to the county of all habitat protection areas, buffers, wetlands, forests and developed woodlands, afforestation and reforestation areas, wildlife corridors, and floodplains.

(2)

(i)

Subject to subparagraph (ii) of this paragraph, the applicant shall determine the scope of the offer.

(ii)

The scope of the offer:

1.

May be in fee or an easement to protect the areas; and

2.

Shall be at least a grant of a right-of-access to the county to:

A.

Inspect and maintain the protected area; and

B.

Provide for the abatement and correction of water pollution, erosion, and sedimentation of stream channels, shorelines, tidal wetlands and nontidal wetlands, or floodplains.

(3)

The grant shall be in a form approved by the Office of Law.

(b)

Retention or conveyance of protected area.

(1)

An applicant who retains any of the protected areas listed in subsection (a) of this section or conveys these areas to a homeowner's association or similar entity shall submit a declaration of protective covenants to the Office of Law for approval.

(2)

The declaration shall:

(i)

Be in a form approved by the Office of Law; and

(ii)

Include the management requirements for these areas listed in § 33-2-204 of this subtitle.

(3)

The protective covenants shall:

(i)

Be recorded in the county land records;

(ii)

Run with the land; and

(iii)

Continue in perpetuity.

(c)

Plat requirements. In addition to the plat requirements under Article 32, Title 4, Subtitle 2 of the Code, a plat prepared for recording of the Chesapeake Bay Critical Area clearly shall:

(1)

Show by metes and bounds the extent of a protected area under subsection (a) of this section on the property;

(2)

Label the protected areas, collectively, as a:

(i)

Chesapeake Bay Critical Area easement if the areas are to be retained or conveyed to a homeowner's association or similar entity; or

(ii)

Chesapeake Bay Critical Area reservation if the areas are to be dedicated to the county in fee;

(3)

Include a note, referencing any protected area, that states:

"There shall be no clearing, grading, construction or disturbance of vegetation in the critical area easement (or reservation) except as permitted by the county Department of Environmental Protection and Sustainability"; and

(4)

Include a note, referencing a protective covenant governing a protected area, that states:

"Any critical area easement (or reservation) shown hereon is subject to protective covenants which may be found in the land records of the county and which restrict disturbance and use of these areas".

(d)

Protective covenants - Public right-of-access not implied. A dedication to the county of a Chesapeake Bay Critical Area easement or reservation may not be construed to convey automatically to the general public the right-of-access to the area.

(1988 Code, § 26-443) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No 8-96, § 4, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)