Sec. 27.02.05.12. Plant Habitat and Wildlife Habitat

A. Repealed.

B. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall:

(1) With the assistance of the Department of Natural Resources, identify the following plant and wildlife habitats that may be affected by the development:

(a) Nesting sites of colonial nesting water birds;

(b) Waterfowl staging and concentration areas in tidal waters, tributary streams, or tidal and nontidal wetlands;

(c) Existing riparian forests, such as relatively mature forests of at least 300 feet in width which occur adjacent to streams, wetlands, or the shoreline of the Chesapeake Bay, the Atlantic Coastal Bays, or their tributaries;

(d) Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species, such as relatively mature forested areas within the Critical Area of 100 acres or more, or forest connected with these areas;

(e) Other areas which may in the future be identified by State and federal agencies as important plant or wildlife habitat; and

(f) Designated natural heritage areas.

(2) The agency shall develop protection measures for the plant and wildlife habitats identified above as follows:

(a) Establish buffer areas for colonial water bird (heron, egret, tern, and glossy ibis) nesting sites so that these sites are protected from the adverse impacts of development activities and from disturbance during the breeding season.

(b) Provide that new water-dependent facilities are so located as to prevent disturbance to sites of significance to wildlife such as historic, aquatic staging and concentration areas for waterfowl.

(c) Provide protection measures including a buffer area, if appropriate, for other plant and wildlife habitat sites identified in §B(1)(e) of this regulation.

(d) Protect and conserve those forested areas required to support wildlife species identified in §B(1)(c) and (d) of this regulation, by developing management programs which have as their objective, conserving the wildlife that inhabit or use the areas. The programs should assure that development activities, or the clearing or cutting of trees which might occur in the areas, is conducted so as to conserve riparian habitat, forest interior wildlife species, and their habitat. Management measures may include incorporating appropriate wildlife protection elements into forest management plans, and cluster development or other site design criteria which provide for the conservation of wildlife habitat.

(e) Require to the extent practical that, when development activities, or the cutting or clearing of trees, occurs in forested areas, corridors of existing forest or woodland vegetation are maintained to provide effective connections between wildlife habitat areas.

(f) Protect natural heritage areas from alteration due to development activities or cutting or clearing so that the structure and species composition of the Areas are maintained.