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Critical Area Buffer

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1. What is the critical area buffer?

The critical area buffer is the land area immediately adjacent to tidal waters, tidal wetlands, and tributary streams. The minimum buffer width is 100-feet; however, on some properties it may be wider because of steep slopes, wetlands, or sensitive soils. On some projects, a wider buffer, often 300-feet or more, was part of the original project approval. The local planning office can assist you in determining the width and location of the buffer on your property.

The buffer serves as an important protective area for aquatic resources and shoreline habitat. The buffer is subject to much stricter requirements than the rest of the Critical Area because it is essential to water quality improvement and fish, wildlife, and plant habitat enhancement. A fully forested buffer is the best environment for filtering pollutants and removing sediment, nutrients, and toxic substances that run off the land and pollute Maryland’s waterways.

A naturally vegetated buffer also provides the most functional habitat for wildlife, providing food, cover, and nesting areas. Vegetation along the shoreline is also essential to maintaining the intertidal zone, which is important to a variety of fish, shellfish, crabs, and birds. The buffer also functions as an important physical barrier between human activity and development related disturbance and Maryland’s streams, creeks, rivers, and bays.

2. What are the restrictions in the buffer?

Generally, construction and land disturbance, such as clearing trees, cutting brush, or grading, are prohibited in the buffer. New structures, roads, septic systems, sheds, and utilities must be located outside the buffer unless an applicant works with the local approving authority to obtain a variance. Some structures that are determined to be water dependent, such as a boat ramp, or that provide access to the water or are associated with erosion control measures can be permitted in the buffer subject to certain regulatory requirements and permits.

The cutting or removal of natural vegetation in the buffer is not allowed unless a property owner obtains approval of a buffer management plan from the local government.

Replanting is typically required for the removal of vegetation with certain exceptions for dead trees and invasive species. If the buffer is already forested, it should be maintained in natural vegetation. Supplemental planting is permitted within the buffer. Native plant species should be used to enhance wildlife habitat.

3. If I am building a house or an addition outside the buffer, is buffer planting still required?

Yes. Planting is required unless the buffer is already fully forested. The area of planting
required depends on the type of project proposed, when the lot was recorded, and the area of
existing forest in the buffer.

4. When is a buffer management plan required?

Any development activity (human action that results in disturbance to land, natural vegetation, or a structure) on land that has frontage on a tidal waterway, a tidal wetland, or a stream, or any disturbance to the buffer or expanded buffer will require a buffer management plan. The buffer management plan must be submitted to and approved by the local government, usually the Planning Office.

5. Can I prepare my own buffer management plan?

Yes. A property owner can prepare a buffer management plan for removal of individual trees, riparian access paths to the water, pruning, and most small construction projects. The Green Book for the Buffer includes Garden Plans in Chapter 6 that can be submitted for projects that require submission of a minor buffer management plan. If your required buffer planting is 5,000 square feet or greater, you may want to hire a professional to assist in developing a plan that addresses conditions on your site and meets your specific needs.

6. Will my Buffer Management Plan require that I replant areas where I remove vegetation?

Yes. When vegetation, including invasive species, is removed in the Buffer, it must be replaced. The only exception is when a dead tree is removed. In that case, the area of the stump must be stabilized with native ground cover or other native vegetation as may be necessary.

7. Do i need a buffer management plan to plant trees, shrubs, or a garden in the buffer?

In general, a buffer management plan is not required to plant voluntarily in the buffer. A garden may be planted in the buffer; however, if the garden is large and involves tilling to prepare the soil, you may need to file a buffer management plan. Check with your local planning office before starting work.

8. What is the difference between buffer establishment and buffer mitigation?

Buffer establishment is required on certain properties when construction or development takes place outside the buffer. Buffer mitigation is required when construction or land disturbance takes place in the buffer.

9. I have a lot of poison ivy, vines, and brush in my buffer. Can I “bush hog” it?

No. Bush hogging is not permitted in the buffer because it is potentially damaging to this sensitive area. Poison ivy can be sprayed with a herbicide and removed by hand (gloves are strongly recommended). Vines and brush can be cut or grubbed by hand. Some brush species
may actually be native shrubs. Manual removal will ensure that desirable native species can be maintained. Mulching or planting with native ground cover species is strongly recommended to stabilize that area after removing noxious or invasive species.

10. What size plants do I need to satisfy a buffer planting requirement?

The minimum size for a canopy tree is ¾-inch caliper (trunk diameter measured 6 inches from the ground) in order to receive 100 square feet of credit. A ¾-inch understory tree is worth 75 square feet of credit. Large shrub species should be at least 3 feet high for 50 square feet of credit and small shrubs at least 18 inches high for 25 square feet of credit. Smaller planting materials or natural regeneration may be acceptable for large planting requirements.

11. Can i cut small trees in the buffer without a buffer management plan approved by the local government?

No. The cutting or removal of any trees, shrubs, and natural vegetation in the buffer requires the homeowner to file a buffer management plan.

12. Can I remove invasive or noxious plants such as English Ivy, Japanese Honeysuckle, or Phragmites in the buffer?

Yes. Removal of invasive or noxious species in the buffer and replacing them with desirable native species is encouraged. However, a simplified buffer management plan is required. Also, the removal of invasive species must be done by hand or by using a backpack sprayer. Mowing or bush hogging is not permitted.

13. Can I remove a tree or natural vegetation that blocks my view?

Removal of healthy trees and natural vegetation in the buffer is not permitted solely for the purpose of creating a view. However, trees and shrubs can be pruned and trimmed up to create openings that provide a view. The removal of invasive species and vines is permitted and can also improve a view. A buffer management plan can be used for this purpose. Thoughtful design in selecting the type and location of plants in the buffer, careful pruning of existing trees and shrubs, and a thorough approach to removing invasive plants and planting ground covers can be used to enhance water views.

14. Can I apply herbicides in the buffer?

Yes. You can manually apply herbicides in the buffer for the removal of invasive species. Targeted spraying to eradicate individual plants or treat small areas, using an herbicide appropriate for application near waterways, is recommended. You may need to cover or protect desirable native species so they are not destroyed.

15. Can I mow my lawn in the buffer?

Yes. Mowing an existing lawn in the buffer is permitted. Mowing of shrub scrub vegetation, marsh vegetation, or forest understory vegetation is not permitted. New areas of lawn cannot be created in the buffer.

16. What can I do about trees that are damaged by storms?

If a tree is diseased, dying, invasive, or considered a hazardous tree (likely to fall and cause damage or injury), a property owner can remove the tree by obtaining approval of a simplified buffer management plan. Each tree removed must be replaced with a ¾-inch caliper nursery stock tree.

If the tree removal involves more than five trees, a local government may require a site visit, additional documentation, or a minor buffer management plan at its discretion. Dead trees do not require replacement, but the area should be stabilized with native vegetation.

17. Can I trim shrubs and prune trees within the buffer?

Yes. You can trim shrubs and prune trees within the buffer using hand tools as long as the pruning and trimming does not affect the water quality and habitat functions of the buffer. In general, if live branches are to be pruned or invasive species are to be removed, and three or more trees will be affected, you should contact your local planning office to determine what, if
any, authorization is needed. Depending on the number of trees and shrubs to be trimmed or pruned and the size of the area of the buffer affected, a simplified or minor buffer management plan may be required. Check with local planning staff before starting work.

18. Is mitigation required for trimming and pruning trees within the buffer?

No. Mitigation is not required as long as the pruning and trimming does not remove more than
25 percent of the living canopy and limbing up of lower branches is limited to the lower 1/3
of the height of the tree.

19. Do I have to plant in the buffer when I am doing a shore erosion control project?

Yes. Generally planting in the buffer will be required at a 1 to 1 ratio for the square footage of shoreline disturbance associated with the project and for the replacement of any canopy trees that are removed. This is usually calculated as the linear feet of shoreline multiplied by the work area along the shoreline or 15 feet, whichever is greater plus the area of canopy coverage removed.

20. Why is planting required for shore erosion control projects when the project is being installed to help the bay by reducing sedimentation?

Planting is necessary to restore the functions of the buffer after disturbing the sensitive intertidal zone along the shoreline. Planting offsets the temporary impacts on habitat and water quality associated with the construction activity itself and helps to rapidly stabilize the disturbed
shoreline area. Mitigation by planting in the buffer also improves the habitat and water quality benefits of most shore erosion control practices by stabilizing soils, promoting infiltration, building natural resilience, and enhancing nutrient uptake.

21. Is mitigation required for access to the shoreline and for stockpile areas created when you do a shore erosion control project?

No. As long as the access and stockpile areas do not involve clearing of natural vegetation, grading, or the installation of an access road, mitigation is not required. If natural vegetation is cleared, it must be replaced at a one-to-one ratio. If a temporary road is installed, the road must be removed and the area fully restored