Sec. 27.01.02.04. Limited Development Areas

A. Limited development areas are those areas which are currently developed in low or moderate intensity uses. They also contain areas of natural plant and animal habitats, and the quality of runoff from these areas has not been substantially altered or impaired. These areas shall have at least one of the following features:

(1) Housing density ranging from one dwelling unit per 5 acres up to four dwelling units per acre;

(2) Areas not dominated by agriculture, wetland, forest, barren land, surface water, or open space;

(3) Areas meeting the conditions of Regulation .03A, but not .03B, of this regulation;

(4) Areas having public sewer or public water, or both.

B. In developing their Critical Area programs, local jurisdictions shall follow these policies when addressing limited development areas:

(1) Maintain or, if possible, improve the quality of runoff and ground water entering the Chesapeake Bay and its tributaries;

(2) Maintain, to the extent practicable, existing areas of natural habitat;

(3) Accommodate additional low or moderate intensity development if:

(a) This development conforms to the water quality and habitat protection criteria in §C, below; and

(b) The overall intensity of development within the limited development area is not increased beyond the level established in a particular area so as to change its prevailing character as identified by density and land use currently established in the area; and

(4) Reduce the extent of lot coverage and maximize areas of natural vegetation through consideration of cluster development when planning for future development.

C. In developing their Critical Area programs, local jurisdictions shall use all of the following criteria for limited development areas:

(1) For all development activities in the limited development areas, the jurisdiction shall require that the developer identify any of the following environmental or natural features and meet all of the following standards of environmental protection:

(a) Criteria as provided for the habitat protection areas in COMAR 27.01.09, and those for the water-dependent facilities in COMAR 27.01.03.

(b) Prohibition on the location of a road, bridge, or utility in any portion of the Critical Area designated as a habitat protection area under COMAR 27.01.09, unless there is no feasible alternative.

(c) If the location of a road, bridge, or utility in a habitat protection area is authorized under §C(1)(b) of this regulation, design, construction, and maintenance of the road, bridge, or utility so as to:

(i) Provide maximum erosion protection;

(ii) Minimize negative impact on wildlife, aquatic life, and their habitats; and

(iii) Maintain hydrologic processes and water quality.

(d) Prohibition on the location of a development activity if that development or any related activity would cross or affect a stream, unless there is no feasible alternative.

(e) If the location of a development activity is authorized under §C(1)(d) of this regulation, design and construction of the development activity so as to:

(i) Reduce increases in flood frequency and severity that are attributable to development;

(ii) Retain tree canopy so as to maintain stream water temperature within normal variation;

(iii) Provide a natural substrate for streambeds; and

(iv) Minimize the adverse water quality and quantity impact of stormwater.

(f) All development sites shall incorporate a wildlife corridor system that connects the largest undeveloped, or most vegetated tracts of land within and adjacent to the site in order to provide continuity of existing wildlife and plant habitats with offsite habitats. The wildlife corridor system may include habitat protection areas identified in COMAR 27.01.09. Local jurisdictions shall ensure the maintenance of the wildlife corridors by requiring the establishment of conservation easements, restrictive covenants, or similar instruments through which the corridor is preserved by public or private groups, including homeowners associations, nature trusts, and other organizations.

(2) For the cutting or clearing of trees in forests and developed woodland areas which are associated with current or planned development activities in the limited development area, all jurisdictions shall:

(a) Require that the developer consider the recommendations of the Forestry Programs and the Fish, Heritage and Wildlife Administration of the Department of Natural Resources when planning development on forested lands;

(b) Provide regulations that development activities be designed and implemented to minimize destruction of woodland vegetation; and

(c) Provide protection for forests and developed woodlands identified as habitat protection areas in COMAR 27.01.09.

(3) For the alteration of forest and developed woodlands in the limited development area, the jurisdiction shall apply all of the following criteria:

(a) The total acreage in forest and developed woodlands within a jurisdiction in the Critical Area shall be maintained or, preferably, increased;

(b) All forests and developed woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis;

(c) If a developer is authorized to clear more than 20 percent of a forest or developed woodlands on a lot or parcel, the developer shall replace the forest or developed woodlands at 1.5 times the areal extent of the forest or developed woodlands cleared, including the first 20 percent of the forest or developed woodlands cleared;

(d) A developer may not clear more than 30 percent of a forest or developed woodlands on a lot or parcel, unless the local jurisdiction:

(i) Authorizes the removal of more than 30 percent by the granting of a variance; or

(ii) Adopts procedures for the removal of more than 30 percent of a forest or developed woodland and the Commission has approved those procedures as part of a local program; and

(e) If a developer is authorized to clear any percentage of forest or developed woodlands from forest use under §C(3) of this regulation, the remaining percentage shall be maintained through recorded, restrictive covenants or similar instruments.

(4) In addition, local jurisdictions shall adhere to the following criteria for forest and woodland development:

(a) Local programs shall make provision for surety to be provided by owners or developers in an amount acceptable to the local jurisdiction and suitable to assure satisfactory replacement as required by §C(3) of this regulation;

(b) Local permits shall be required before forest or developed woodland is cleared;

(c) Forests and developed woodlands which have been cleared before obtaining a local permit, or that exceed the maximum clearing allowed in §C(3) of this regulation shall be replanted at three times the areal extent of the cleared forest and developed woodlands;

(d) If the areal extent of the site limits the application of §C(3) and (4)(c) of this regulation, alternative provisions or reforestation guidelines may be developed by the local jurisdiction, if they are consistent with the intent of COMAR 27.01.05, to conserve the forest and developed woodland resources of the Critical Area; alternative provisions may include fees-in-lieu provisions if the fee is adequate to ensure the restoration or establishment of an equivalent forest or developed woodland area;

(e) If no forest is established on proposed development sites, these sites shall be planted to provide a forest or developed woodland cover of at least 15 percent;

(f) All forests designated on development plans shall be maintained to the extent practicable, through conservation easements, restrictive covenants, or other protective instruments;

(g) The developer shall designate, subject to the approval of the local jurisdiction, a new forest area on a part of the site not forested; and

(h) The afforested area shall be maintained as forest cover through easements, restrictive covenants, or other protective instruments.

(5) Development on slopes equal to or greater than 15 percent, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies in §B of this regulation.

(6) A local jurisdiction shall limit lot coverage on a parcel in accordance with the following maximums:

(a) When a site is mapped entirely as a limited development area, 15 percent of the total site;

(b) When a portion of a lot or parcel is mapped as a limited development area, 15 percent of that portion of the lot or parcel; and

(c) In the case of a growth allocation award:

(i) 15 percent of the growth allocation development envelope; or

(ii) 15 percent of the acreage proposed for growth allocation deduction.

(7) Local jurisdictions shall allow for modifications in road standards to reduce potential impact to the site and Critical Area resources, where the reduced standards do not significantly affect safety.

(8) Development may be allowed on soils having development constraints if it includes mitigation measures that adequately address the identified constraints and that will not have significant adverse impacts on water quality or plant, fish, or wildlife habitat.

D. In developing their Critical Area programs, the local jurisdictions shall refer to all of the following complementary existing State laws and regulations:

(1) For soil erosion and sediment control, management measures shall be consistent with the requirements of Environment Article, §§4-101-4-116, Annotated Code of Maryland, and COMAR 26.17.01; and

(2) For stormwater runoff, stormwater management measures shall be consistent with the requirements of Environment Article, §§4-201-4-215, Annotated Code of Maryland, and COMAR 26.17.02.