CHARLES COUNTY CRITICAL

AREA PROGRAM

Comprehensive Update

2009

Chesapeake Bay Critical Area

All lands and waters within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides

30,424 acres within Charles County Critical Area

Three land classifications:

Classification Acres

Resource Conservation Zone 27,903

Limited Development Zone 2,052

Intense Development Zone 469

Charles County Critical Area Program

Last revised and re-adopted June 2001

Since that time, there have been several minor amendments to the State law Were incorporated into County Program periodically as

Zoning Text Amendments

Comprehensive Review 2009 Incorporate most recent State Legislation

Senate Bill 751, passed 2006

Senate Bill 1030, passed 2007

House Bill 1253, passed 2008 (includes subsequent regulations)

Recent Legislation

Senate Bill 751

Clarified definition of what constitutes a Program Refinement and Program Amendment and the review process for these requests

Clarified existing growth allocation requirements

Senate Bill 1030

Required local jurisdiction compliance with existing variance regulations even if they had not yet been included in the local program

Note: Insignificant to the day to day function of the Program and no direct impact to property owners

Recent Legislation (continued)

House Bill 1253

Effective July 1, 2008

Strengthened the authority of the Critical Area Commission

Granted authority to adopt regulations regarding numerous components of the program

Program Amendments

Proposed amendments reflect legislative requirements that became effective July 1, 2008 and are currently enforced by Charles County, even though they have not yet been incorporated into the County’s Program

Summary of Amended Areas of the Program Resulting from HB 1253 Critical Area Buffer Shore Erosion Control Growth Allocation Lot Coverage Lot Consolidation and Reconfiguration Variances

Program Amendments (continued)

Critical Area Buffer Expansion: Expanded to a 200-foot

minimum in the Resource Conservation Zone for changes in use or new subdivisions

Friendship Farm Park

Nanjemoy

Popes Creek St. Ignatius

Examples of

Critical Area

Buffers

Structural methods

Non-structural

methods

House Bill 1253 (cont.)

• Shore Erosion

Control:

– Non-structural

methods required to

the extent feasible

Program Amendments (continued)

Growth Allocation:

Process for development in the Critical Area

Guidelines are now standard requirements

Adopted criteria identified in COMAR that must be considered with an application

Such as location in a priority funding area, floodplain, coastal flood hazard area, habitat protection area, etc.; and, consistency with Comprehensive Plan

Regulations have been approved and included in COMAR

Program Amendments (continued)

Lot Coverage:Replace impervious surface with lot coverageRemoves credit for use of semi-pervious

materials

Lot Consolidation and Reconfiguration:Requires County to adopt procedures, approved

by the Critical Area Commission, to bring grandfathered properties into conformance with current Regulations

Program Amendments (continued)

Variances:

Establishes administrative variance procedures for expansion or redevelopment of legal non-conforming structures

Allows Planning Director to make findings and approve request

Requires notification to Critical Area Commission of variance outcome

30 day waiting period for permits associated with variances

Program Amendments (continued)

Violations and Enforcement: Charles County Critical Area Program currently contains the

following requirements: Ability to assess a civil penalty, not exceeding $10,000 per day Determination of civil penalty shall be based upon the gravity of the

violation, willfulness or negligence, environmental impact Mitigation required at 3:1 ratio

House Bill 1253 requires: Requires a civil penalty to be accessed based upon the gravity of the

violation, willfulness or negligence, environmental impact, and the cost of restoration

Each calendar day the violation exists is a separate offense Payment of civil penalty and completion of mitigation must occur

prior to County providing approval of any associated request

Clearing within Buffer

Construction without permits

Violation

Examples

Program Amendments (continued)

Violations and Enforcement (continued): Mechanism for assessment of civil penalties:

Three types of infractions being defined by the Program:

Minor Infraction—includes clearing less than 1,000 square feet, construction of structures less than 100 square feet in size, construction of a pier approved by MDE but not approved by the County

Moderate Infraction—includes clearing of 1,000 -4,999 square feet, construction of structure 100-199 square feet in size, construction of a pier without the approval of the County or Maryland Department of the Environment

Major Infraction--includes clearing of 5,000 or more square feet, construction of structures 200 or more square feet in size, violation of a habitat protection plan

Program Amendments (continued)

Violations and Enforcement (continued):

Assessment based upon the gravity of infraction and number of offenses:

MINOR INFRACTION

MODERATE INFRACTION

MAJOR INFRACTION

FIRST OFFENSE $50 $100 $500

SECOND OFFENSE $100 $200 $500

THIRD OFFENSE $150 $300 $500

SUBSEQUENT OFFENSES

$200 $400 $500

Comprehensive Review 2009

Opportunity

To review the Program and propose changes to improve administration of the Program

Experiences from Villages of Swan Point

Largest growth allocation for Charles County, and state as a whole

Allowed Planning staff

to gain a new perspective

on the Program and identify

areas where clarification

is needed

Planning Division Proposed Amendments

In addition to amendments required by recent State law, Planning staff is proposing several changes to improve administration of the Program

Moving all regulatory aspects of the existing Critical Area Program document into the Zoning Ordinance

Moving all history / background aspects of the existing Critical Area Program into the Comprehensive Plan during the next Comprehensive Plan update

Critical Area Buffer:

Requiring community piers in Major subdivisions within the Limited Development Zone and Resource Conservation Zone as a protection measure for the Buffer and special habitats

Minor fill provision to allow repair of existing yards after storm events (limited to less than 5,000 square feet of disturbance and less than 100 cubic yards of fill)

Provision to allow erosion control above mean high water and provide construction and submittal standards

Stress that no clearing is permitted for agricultural use in the Buffer

Clarification of trail construction criteria regarding size, use, accessibility to the public

Examples of

minor fill

for lawn repair

Critical Area Buffer (continued)

Changing the term “Buffer Exemption Area” to “Buffer Modification Area” Within the “Buffer Modification Area”

Clarifying the different setbacks from the water for residential and commercial uses

Permitting accessory structures between the principal structure and the water, with a minimum setback from the water

Clarification on how the Buffer is expanded for non-tidal wetlands and adjacent environmentally sensitive features

Requiring staking of the Buffer when development activities are proposed within 50 feet

Requiring permanent signage of the Buffer when managed by a Homeowner’s Association and within 50 feet of a buildable lot

Additional Amendments

Allow improvements to property necessary to accommodate a physical disability

Address clearing for agricultural land outside of the Critical Area Buffer

Clarification of mitigation planting requirements and how plant materials receive credit

Agricultural fields

with forested

Buffers

Additional Amendments (continued)

Limit clearing within the Limited Development and Resource Conservation Zones to 30% unless a variance is approved by the Board of Appeals

Currently, there is no limit on the amount of clearing that may be approved

Includes provision to allow the clearing of up to 8,000 square feet on grandfathered lots one-half acre or less in size

8,000 square feet coincides with the average area cleared over the past several years on

Comprehensive Review 2009:Map Amendments

Review existing maps to identify opportunities to facilitate implementation of the County Commissioner Waterfront Development Goals and for consistency with the Waterfront Development Study already adopted by the County Commissioners

Proposed as a Second phase of the Comprehensive review process

Process

Text update processed as Zoning Text Amendment

Planning Commission public hearing and work session

County Commissioner’s public hearing and work session

Process (continued)

Critical Area Commission approval required

Critical Area Commission staff review encouraged throughout process

Upon approval by County Commissioners, submit formal request for approval of Program Amendment to Critical Area Commission

Critical Area Commission to assemble a panel and hold a hearing

Process (continued)

Critical Area Commission (cont.)

Introduction of update at subcommittee meeting

Critical Area Commission meeting and vote

Acceptance of Critical Area Commission amendments or conditions by County Commissioners

Requested Action:

• Staff is seeking approval to move

forward with the legislative process

and request a Planning Commission

public hearing date