§ 33-2-406. AGRICULTURE.

(a)

Authorized. Subject to subsections (b) and (c) of this section and except as provided in subsection (d) of this section, agricultural uses and activities are allowed in the buffer.

(b)

Zoning applicable. Agricultural uses and activities are subject to the restrictions in the Baltimore County Zoning Regulations.

(c)

Filter strip; best management practices.

(1)

Agricultural uses and activities are only allowed in the buffer if, as a minimum best management practice, a 25-foot vegetated filter strip measured landward from the further inland of the mean high-water line of tidal waters or streams, or the edge of tidal wetlands, is established.

(2)

The filter strip shall be:

(i)

Composed of trees with a dense ground cover or a thick sod of grass;

(ii)

Managed to provide water quality benefits and habitat protection consistent with the Chesapeake Bay Critical Area criteria; and

(iii)

For slopes greater than 6%, expanded by a distance of four feet horizontally for every 1% of slope.

(3)

(i)

The filter strip shall be maintained at least until the landowner is implementing, under an approved soil conservation and water quality plan, a program of best management practices for the specific purpose of improving water quality and protecting plant and wildlife habitat.

(ii)

The portion of the soil conservation and water quality plan being implemented shall achieve the water quality and habitat protection objectives of the filter strip.

(iii)

Best management practices shall include a requirement for the implementation of a grassland and manure management program.

(d)

Prohibited.

(1)

(i)

Except as provided in subparagraph (ii) of this paragraph, clearing of existing natural vegetation in the buffer is prohibited.

(ii)

Noxious weeds, including Johnson grass, thistle, and multiflora rose, that occur in the filter strip may be controlled by means authorized by the Director of Environmental Protection and Sustainability.

(2)

Agricultural activities may not be established or expanded by:

(i)

The diking, draining, or filling of nontidal wetlands; or

(ii)

Intrusion into the buffer, unless:

1.

No existing natural vegetation in the buffer is proposed to be cleared; and

2.

The county Soil Conservation District, with the advice of the Department of Environmental Protection and Sustainability and the State Department of Natural Resources, certifies that the:

A.

Mitigation measures accompanying the expansion are sufficient to accomplish the objectives of COMAR 27.01.09; and

B.

Expansion is in accordance with an approved soil conservation and water quality plan; or

(iii)

Clearing forest or woodland on highly erodible soils.

(3)

Livestock feeding or grazing is prohibited within 50 feet of the mean high-water line of tidal waters, tidal wetlands, or streams.

(4)

Agricultural activities, including livestock grazing, may not disturb the stability of stream banks or tidal shorelines.

(e)

Soil conservation and water quality plan. A Chesapeake Bay Critical Area farm shall have and implement an approved soil conservation and water quality plan that incorporates best management practices, including control of nutrients, animal wastes, pesticides, and sediment runoff, to:

(1)

Protect the productivity of the land base;

(2)

Preserve or enhance water quality; and

(3)

Conserve fish, wildlife, and plant habitat.

(1988 Code, § 14-263) (Bill No. 10-96, § 2, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)