§ 33-2-401. ESTABLISHED.

(a)

Minimum boundary.

(1)

In this subsection, "stream order" means a classification system of streams based on stream hierarchy. The smaller the stream, the lower its numerical classification. A first order stream does not have tributaries and normally originates from springs, seeps, or both. At the confluence of two first order streams, a second order stream begins. A third order stream begins at the confluence of two second order streams and so on.

(2)

Except as provided in §§ 33-2-405 and 33-2-406 of this subtitle and Subtitle 7 of this title, and subject to subsection (b) of this section, a minimum buffer shall be established and remain undisturbed:

(i)

100 feet landward from the mean high-water line of tidal waters or tidal wetlands;

(ii)

100 feet from the centerline of a first order stream or second order stream;

(iii)

100 feet from the stream bank of the active channel (bank-full flow) of a stream higher than second order;

(iv)

25 feet from the outer nontidal wetland boundary; and

(v)

25 feet from the riverine floodplain reservation or easement boundary.

(b)

Expansion.

(1)

(i)

The buffer shall be expanded beyond the minimum buffer to include contiguous, sensitive areas, including steep slopes, hydric soils, or highly erodible soils, since development or disturbance of these areas may adversely affect streams, wetlands, or other aquatic environments.

(ii)

The buffer expansion under this paragraph shall be executed in conjunction with a steep slope and erodible soils evaluation, using the evaluation procedures and criteria under § 33-3-111(c) of this article.

(2)

(i)

Subject to subparagraph (ii) of this paragraph, the buffer shall be expanded to 300 feet landward from the mean high-water line of tidal waters, tidal wetlands, and streams for new residential developments exceeding five dwelling units in a limited development area or a resource conservation area.

(ii)

The buffer may be reduced to the greater of the minimum buffer under subsection (a) of this section or to the expanded buffer under paragraph (1) of this subsection if:

1.

The 300-foot area does not contain contiguous forest habitat that drains into tidal wetlands, tidal waters, or a stream;

2.

The 300-foot area does not provide breeding habitat for species of forest interior dwelling bird; and

3.

The Director of Environmental Protection and Sustainability determines that greater water quality or habitat benefits can be achieved through other site specific measures.

(1988 Code, §§ 14-261, 26-438, 26-449) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 8-96, § 4, 3-23-1996; Bill No. 10-96, § 2, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 108-05, § 2, 10-30-2005; Bill No. 122-10, § 13, 1-16-2011)

Editor's note:
  The amendments enacted under § 2 of Bill 108-05 are effective retroactive to July 1, 2004.