§ 33-2-402. REQUIREMENTS.

(a)

Natural vegetation to remain undisturbed. Except as provided in subsection (b) of this section, the natural vegetation occurring in a buffer shall remain undisturbed.

(b)

Establishing new vegetation authorized. Vegetation shall be planted in the buffer where necessary to protect, stabilize, or enhance the shoreline.

(c)

Development activity prohibited; exception.

(1)

Except as provided in paragraph (2) of this subsection, development activity, including redevelopment activity, the construction of a structure, parking area, or other impervious surface, mining and the use of related facilities, and the installation of a septic system, is prohibited in the buffer.

(2)

Development activity that is necessarily associated with a water-dependent structure or activity or shore erosion protection works may be allowed in the buffer if approved under § 417 of the Baltimore County Zoning Regulations and §§ 33-2-604 through 33-2-607 of this title.

(d)

Improvements.

(1)

Except as provided in paragraph (2) of this subsection, improvements, including roads, bridges, trails, storm drainage, stormwater management devices and practices, and utilities, are prohibited in the buffer.

(2)

Improvements in the buffer may be allowed if the Director of Environmental Protection and Sustainability approves an alternatives analysis submitted by an applicant that clearly demonstrates that:

(i)

No physically feasible alternative exists; and

(ii)

The improvements are located, designed, constructed, and maintained to:

1.

Provide maximum erosion protection;

2.

Minimize adverse effects on wildlife, aquatic life, and the respective habitats; and

3.

Maintain hydrologic processes and water quality.

(3)

The impacted area shall be restored following any disturbance.

(e)

Cessation of agriculture in buffer.

(1)

If the agricultural use of land in the buffer area ceases and the land is proposed to be converted to other uses not governed by § 33-2-406 of this subtitle, then the other buffer requirements under this title shall be implemented.

(2)

Implementation of buffer requirements under this subsection shall include management measures establishing forest vegetation to minimize adverse impacts to water quality and improve wildlife habitat.

(f)

Prohibited. Between March 1 and June 15 of each year, a person may not engage in:

(1)

Construction, repair, or maintenance activity associated with bridges, other stream crossings, utilities, or roads, that involve disturbance in the buffer or instream in anadromous fish propagation waters; or

(2)

Other instream construction activity determined by the Director of Environmental Protection and Sustainability to have the potential to adversely impact anadromous fish propagation.

(g)

Mitigation. The Department of Environmental Protection and Sustainability may require onsite or offsite mitigation to offset impacts to a buffer, or to the plant and wildlife habitats or species contained in a buffer, that are the result of development activity.

(1988 Code, §§ 14-261, 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. 122-10, § 13, 1-16-2011)