Frequently Asked Questions

The Critical Area is 1,000' beyond the landward boundaries of state or private wetlands which established a resource protection program for the Chesapeake Bay and their tributaries utilizing more sensitive development activities to minimize impacts to water quality and natural habitats.

No. Within the State of Maryland, Critical Area regulations are subject to all land and water areas within 1000' beyond the landward boundaries of state or private wetlands as designed by the State of Maryland. The local jurisdiction of Queen Anne's County is responsible for applying and enforcing the state regulations which were originally adopted by the County in 1989, and as amended.

To know if your property within the Critical Area, please visit the QAC Property Viewer. Enter the address in the Search box at the top right. Then in the Layers (bottom left) click the Environmental tab, followed by the Queen Anne's County tab, and finally the Critical Area option. The Critical Area development areas will populate.

• Red = Intensely Developed Area (IDA)
• Yellow = Limited Development Area (LDA)
• Green = Resource Conservation Area (RCA)

The protected area immediately landward of mean high water (MHW) of tidal water and generally at least 100' in width. The buffer may be expanded if it is adjacent to steep slopes, hydric soils, highly erodible soil, and nontidal wetlands.

The Critical Area consists of three development areas. To understand what you can do on your property, please view Chapter 14:1 Chesapeake Bay Critical Area Act of the Queen Anne's County Code.

• Intensely Developed Area (IDA) - An area where residential, commercial, institutional, or industrial land uses are predominant and where relatively little natural habitat, if any, occurs.
• Limited Developed Area (LDA) - An area that is currently developed with low- or moderate intensity uses, which contains areas of natural plant and animal habitats and where the quality of runoff has not been substantially altered of impaired.
• Resource Conservation Area (RCA) - An area characterized by nature-dominated environments; including wetlands, forests, abandoned fields, and resource-utilization activities.

No. The Critical Area land designations or development areas, also known as IDA, LDA, and RCA, were established by state law to provide specific regulatory protection for land and water resources located within the first 1000' of high mean water (HMW). 

Local zoning is established and mapped by the local jurisdiction, Queen Anne's County. However, because local governments are required to implement the Critical Area program locally, local zoning ordinances, subdivision regulations, policies, and related measures are used to help implement these regulations at the local level.

Habitat protection areas (HPA) are areas within the Critical Area that include the critical area buffer, non-tidal wetlands, habitats of threatened or endangered species, species in need of conservation, specific plan and wildlife habitats, and fish that migrate from saltwater to freshwater to spawn and reproduce.

Habitat protection areas are regulated the Critical Area regualtions.

The 29-member governor appointed state-wide Critical Area Commission was created by the 1984 Chesapeake Bay Protection Act to protect and conserve tidal waters, aquatic habitat, and wildlife in the Chesapeake Bay and Atlantic Coastal Bays by providing oversight for local land use programs with the designated Critical Area. The Critical Area Commission meets monthly and must review and approve program amendments to Chapter 14:1 and particular project applications such as growth allocation.

Any building activity or human action that results in disturbance to land or natural vegetation on land that has frontage on a tidal waterway, a tidal wetland, a stream, or any disturbance to the buffer or expanded buffer will require a buffer management plan. A buffer management plan must be submitted to and approved by the Queen Anne's County Planning and Zoning Office.

Lot coverage is the percentage of lot or parcel that is developed with a structure, accessory structure, parking area, driveway, walkway, or roadway. Lot coverage includes areas covered with gravel, stone, shell, impermeable decking, pavers, permeable pavement, or any other man-made material. 

Lot coverage does not include a less than one-foot-wide fence or wall constructed without a footer, a walkway to a pier, a wood mulch pathway, or a permeable deck. All parcels within the RCA and LDA are subject to the lot coverage limit as set by the State of Maryland.

Growth allocation is a process whereby local jurisdictions are allowed to approve a finite amount of additional growth and development in certain parts of the critical area by changing the critical area development area. Growth allocation is used to accommodate more intense land use development that what would have been permitted based on the existing Critical Area development area. Whether based on the proposed land use or lot coverage limit, growth allocation must be approved at both the local and state level through the Critical Area Commission.

Trees that are located within the Buffer cannot be removed unless they are dead, dying, diseased, or creating a hazard to people or property. A Buffer Management Plan is required for all removal of vegetation within the Buffer except for mowing an existing lawn. A Buffer Management Plan must be submitted to and approved by the Queen Anne's County Planning and Zoning Department. 

Outside of the buffer, vegetation may be removed but required a Tree Removal Permit Application to be submitted and approved by the Zoning Department. Mitigation is generally required for both a Buffer Management Plan and a Tree Removal permit. All applications can be found here.