Charles County, MD
Home MenuDEPARTMENT INFORMATION
Address
200 Baltimore Street
La Plata, MD 20646
Phone
301-645-0692
Email
PGMadmin@charlescountymd.gov
Government » Planning and Growth Management » Preservation and Long Range Planning
Natural Resource Protection
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The Chesapeake Bay Critical Area is defined as a strip of land along the tidal shoreline extending 1,000 feet landward from the water’s edge, or from the landward boundary of any adjacent tidal wetland.
Activities in the Critical Area
All agricultural, fishery, forestry and development activities, including the alteration, or use of any land for residential, commercial, industrial, or institutional purposes in the Charles County Critical Area, requires compliance with applicable regulatory provisions, and County approval prior to commencement of the activity.
Tree Removal in the Critical Area
Removing an individual tree in the Charles County Critical Area for personal use, safety, or protection of property requires County approval. All trees removed are required to be replaced on an equivalent ratio. Anyone who removes a tree or provides other tree care services for a fee is required by the State of Maryland to be a Licensed Tree Expert.
Critical Area Planting Plan Maintenance Agreement
Goals of the Chesapeake Bay Critical Area Protection Act:
- Minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have run off from surrounding lands;
- Conserve fish, wildlife, and plant habitat in the Critical Area; and
- Establish land use policies for development in the Critical Area which accommodate growth and also address the fact that, even if pollution is controlled, the number, movement, and activities of persons in the Critical Area can create adverse environmental impacts.
The Charles County Chesapeake Bay Critical Area Program is pursuant to the requirements found in Natural Resources Article, Title 8, Subtitle 18, of Annotated Code of Maryland, and Title 27, Subtitle .01 of the Code of Maryland Regulations (COMAR), entitled, “Criteria for Local Critical Area Program Development”. The Charles County Critical Area Zone Regulations are Article IX of Chapter 297 of the Code of Charles County Maryland.
Other Resources
Charles County Critical Area Maps
Critical Area Commission
Chesapeake Bay Critical Area Commission for the Chesapeake and Atlantic Coastal Bays Regulations
Native Plants for Wildlife Habitat and Conservation Landscaping
Maryland Department of Environment, Wetlands and Waterways Division
Why is Forest Conservation Important?
Construction activities from increased urban development have led to the loss of forest cover.
Benefits of forests include:
- Removal of air and water pollutants
- Provide shade and moderated temperatures
- Reduced runoff and soil erosion
- Protection of wildlife habitat and water quality
- Valuable forest products
- Recreational amenities
Maryland Forest Conservation Act
The Maryland Forest Conservation Act aims to conserve forest resources during development activities by:
- Identifying existing forest stands
- Protecting the most desirable forest stands
- Locating areas where new forests can be planted
Regulations and Requirements
Forest conservation planning occurs during the initial design or site planning of a proposed development. The Maryland Department of Natural Resources has adopted regulations which set the requirements and performance standards for local forest conservation programs.
The Charles County Forest Conservation Ordinance is pursuant to the requirements of Natural Resources Article 5, Subtitle 16, Annotated Code of Maryland. This Ordinance is Chapter 298 of the Code of Charles County, Maryland. Submittal requirements for each type of plan are included in Chapter 298 and in the State Forest Conservation Technical Manual, which is adopted by reference in the Charles County Forest Conservation Ordinance.
For individual tree removal a Tree Removal Authorization will be issued at no charge, to ensure compliance with County codes. Anyone, who removes a tree or provides other tree care services for a fee is required by the State of Maryland to be a Licensed Tree Expert.
Offsite Forest Conservation Banking is an option for property owners. The purchase of easements within these banks is an option for development activities within the Development District, after techniques for retaining existing forest on the site have been exhausted. The sequence for onsite and offsite afforestation, reforestation and retention and the requirements for establishing a Forest Conservation Bank are found in Chapter 298, Article IX, of the Code of Charles County, Maryland.
Other Resources
Maryland Forest ServiceForest Conservation Slideshow
Native Plants for Wildlife Habitat and Conservation Landscaping
Habitat Protection Areas protect significant ecological areas.
Outside of the Chesapeake Bay Critical Area, these include:
- Habitat of rare, threatened and endangered species
- Anadromous fish spawning areas
- Submerged aquatic vegetation
- Forest interior dwelling bird habitat
- Colonial waterbird nesting sites
- Natural Heritage Areas
Inside the Chesapeake Bay Critical Area, these include:
- The Buffer and Buffer expansions
- Non-tidal wetlands
- Historic waterfowl staging areas
- Other plant and wildlife habitats of local significance
Sites containing the above types of habitat require a Habitat Protection Plan at time of development and/or subdivision activity, and are reviewed in consultation with appropriate local, State and/or federal agencies to determine if protection measures are adequate.
The Resource Protection Zone Regulations are in Article XI of the Charles County Zoning Ordinance. and it's purpose is to protect stream valley habitat and stream water quality. It is an overlay zone, which applies to stream valleys outside of the Chesapeake Bay Critical Area, and contains streams, associated wetlands and floodplains, adjacent steep slopes, and a buffer area. Most forms of development are prohibited, and permitted uses, such as agriculture and commercial timber harvesting, must follow management plans.
Additional buffers are required for the twelve, Nontidal Wetlands of Special State Concern found in Charles County. These wetlands are noted for rare, threatened and endangered species, or unique habitat, and require a 100-foot protective buffer. The Maryland Department of Environment is responsible for regulating these wetlands.
Frequently Asked Questions
Planning and Zoning- Critical Area
Only Maryland Licensed Tree Experts should be hired to trim branches and remove trees – they are the only tree care professionals who lawfully can perform this work in Maryland.
Maryland Department of the Environment News: Marylanders Reminded to Hire Licensed Tree Experts
Removal of trees and shrubs from the Critical Area require a tree removal authorization prior to the commencement of work. The tree removal authorization requires a plan to replace any trees and shrubs removed with native plant replacements.
You can verify if your property is located in the critical area by accessing the GIS Interactive Map and completing the following steps:
- Enter your property address in the search box located in the upper right-hand corner and press enter. A search result should appear on the map in the approximate location of the subject property.
- Now select the “Layer List” icon , which will open a drop down menu for different layers of the map.
- From the drop down menu select the “Critical Area Boundary” box from the layer list, which will turn on the critical are boundary on the map along the waterfront areas in the County.If your property is located between the waterfront and that boundary, then your property is subject to the critical area requirements.
The Maryland Department of the Environment (MDE) issues permits for activities within Maryland’s tidal waters, including, but not limited to, piers, boat lifts, osprey poles, mooring piles, etc. Please call the Tidal Wetlands Division of MDE for more information at 410‐537‐3837.
Once the permit has been obtained from MDE, the landowner must submit a copy of this approval to the County along with an application for a Zoning Permit prior to the commencement of any work on the pier or water dependent structure.
If you own property in the Critical Area, then you are subject to Article IX of the Charles County Zoning Code, which has specific requirements for development and or improvements to properties within the Critical Area. We recommend you contact the Planning Division and schedule an appointment with a Planner if you would like to explore options on how to develop and/or improve your property located in the Critical Area.
The Critical Area are all lands and waters within 1,000 feet of mean high tide and/or tidal waters and wetlands. It includes the waters of and lands under the Chesapeake Bay and its tributaries. These areas are subject to additional restrictions for development and construction as required under Article IX of the Charles County Zoning Code.
Planning and Zoning- Forest Conservation
Only Maryland Licensed Tree Experts should be hired to trim branches and remove trees – they are the only tree care professionals who lawfully can perform this work in Maryland.
Maryland Department of the Environment News: Marylanders Reminded to Hire Licensed Tree Experts
Removal of trees and shrubs from the Critical Area require a tree removal authorization prior to the commencement of work. The tree removal authorization requires a plan to replace any trees and shrubs removed with native plant replacements.
In most cases, no permit is necessary to remove tree from your property, unless the property is located within the critical area overlay zone, then a permit is required. In addition, trees located within a forest conservation easement may only be removed if they are a hazard to life or property.
You can review the plat of subdivision for your property, which should reference the forest conservation plan number and/or show where forest conservation easements are located.
You can verify if your property is affected by a forest conservation easement by accessing the GIS Interactive Map and complete the following steps:
- Enter your property address in the search box located in the upper right hand corner and press enter.A search result should appear on the map in the approximate location of the subject property.
- Now select the “Layer List” icon , which will open a drop down menu for different layers of the map.
- From the drop down menu select the “Forest Conservation Easements” box from the layer list, which will turn on the forest conservation layer on the map. If a forest conservation easement is located on or near your property, the easement area will appear.
You have to comply with the County Forest Conservation requirements when you begin a development activity, such as: subdividing land, applying for a site development plan, grading/clearing of land greater than 20,000 square feet in area. If this will be occurring an applicant would be required to prepare and submit a Forest Stand Delineation and Forest Conservation Plan prepared by a MD Licensed Professional.
Most small residential projects, such as a deck, patio or shed, usually does not disturb 20,000 square feet and only requires the submittal of a Single Lot Exemption – Declaration of Intent to comply with the County Forest Conservation Code.
When a property is subject to a development activity, Chapter 298 of the County Code requires that a percentage of the property remains forested in order to protect sensitive environmental areas such as streams and wetlands.