Critical area changes affect buffers

State-mandated fixes will clarify definitions in law

Friday, Oct. 2, 2009

State law mandates that the critical area programs of local jurisdictions must be updated every six years, according to a county planning staff report. Several state laws, including House Bill 1253 that was adopted by the Maryland General Assembly in 2008, Senate Bill 1030 adopted in 2007 and Senate Bill 751 passed in 2006 require some revisions to the program, according to county planners.

The county's program was last updated in 2001, according to county planners.

The proposed changes to the program include revisions to the county's critical area buffer regulations to provide more definition about how the buffer is measured, what types of activities are permissible in the buffer and what information is needed to obtain county approvals, according to the staff report.

An appendix to that section of the program will address shore erosion control requirements and allow minor fill within the buffer as a permitted use for the repair of existing lawn areas.

In addition, accessory structures such as sheds will be permitted in buffer modification areas, according to the staff report.

Other revisions will address development within the county's limited development and resource conservation zone, including amending impervious surface regulations to focus on lot coverage as required by updates to the state law, according to county planners.

The program's growth allocation section will be also be revised to be consistent with state regulations, including a mandate that areas that are being considered for growth allocation — a specific number of acres in the Chesapeake Bay Critical Area the state allows to be developed — are required to meet specific criteria regarding location of public improvements, floodplains, other areas of similar intensity and species habitats, according to the staff report.

Local environmental activist Bonnie Bick of the Maryland chapter of the Sierra Club said the growth allocation segment of the critical area program is an important element of the document.

"Growth allocation is what all of the citizens of Charles County need to be concerned about because it is designed to foster intense development in areas that are not developed along the waterfront," she said.

"People aren't allowed to put in a flagstone walk in the critical area but intense development is given the green light.

"Sometimes growth allocation works against us," she added. "Our waterfront should be protected for public access not private use."

Recent amendments to state legislation mandate that critical area violations must be processed and resolved with a payment of fines and completion of mitigation prior to any county approvals of a project, according to the staff report. In addition, an administrative appeal process is being added to the program to allow property owners to challenge an alleged critical area violation.

The planning commission will schedule a work session once the record closes and then the Charles County commissioners will hold a public hearing and work session before rendering a decision on the matter.

County Commissioners' President F. Wayne Cooper (D) said that most of the proposed revisions to the critical area program are being mandated by the state.

"New state laws have gone into effect since we last updated the program and we have to implement them," he said.

nmcconaty@somdnews.com