§ 33-2-204. MANAGEMENT REQUIREMENTS.

(a)

Management required. A habitat protection area, buffer, wetland, forest, developed woodland, afforestation area, reforestation area, wildlife corridor, floodplain, stream, stream channel, or shoreline in a Chesapeake Bay Critical Area easement or reservation shall be managed, including specific limitations on the alteration of the natural condition of these resources, to enhance and maximize the unique value of these resources.

(b)

Prohibited. Within the boundary of a Chesapeake Bay Critical Area resources easement or reservation that contains the Chesapeake Bay Critical Area resources listed in subsection (a) of this section, a person may not:

(1)

Disturb existing vegetation, including disturbance by tree removal, shrub removal, clearing, mowing, burning, spraying, or grazing;

(2)

Disturb soil by grading, stripping topsoil, plowing, cultivating, or other practices;

(3)

Conduct filling, dumping, diking, ditching, or draining;

(4)

Construct or install structural shore erosion protection measures, except:

(i)

As provided under COMAR 27.01.04 and § 33-2-607 of this title; and

(ii)

Only as authorized by the Department of Environmental Protection and Sustainability;

(5)

Place new impervious surfaces;

(6)

Place structures of any size;

(7)

Store, use, or apply pesticides, except for the spot spraying of noxious weeds consistent with the recommendations of the University of Maryland Cooperative Extension Service;

(8)

House, graze, or otherwise maintain animals;

(9)

Store or operate motorized vehicles, except for maintenance and emergency use approved by the Department of Environmental Protection and Sustainability; or

(10)

Store materials.

(c)

Building setbacks.

(1)

The primary structure on a parcel or lot shall be set back from the outer edge of a Chesapeake Bay Critical Area easement or reservation that contains Chesapeake Bay Critical Area resources listed in subsection (a) of this section at a minimum distance of:

(i)

35 feet for a residential dwelling; and

(ii)

25 feet for a commercial or industrial structure.

(2)

The setback area may include private or public land or both.

(3)

Accessory structures, including roads or driveways, storm drainage, stormwater management devices and practices, utilities, recreational facilities, or patios, are allowed in the setback area.

(d)

Regulations; public service companies. The Director of Environmental Protection and Sustainability, in accordance with Article 3, Title 7 of the code, may adopt regulations that are consistent with this title to address issues relating to the maintenance and modification of existing facilities owned and operated by a public service company.

(1988 Code, § 26-444) (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. 122-10, § 13, 1-16-2011)