1. A. Applicability.

   1. (1) The requirements of this regulation are applicable to:

      1. (a) A development or redevelopment activity that occurs on a lot or parcel that includes a buffer if that development or redevelopment activity is located outside the buffer; and
      2. (b) The approval of a subdivision that includes a buffer .

   2. (2) If an applicant for a subdivision of a lot under §A(1)(b)of this regulation uses or leases the lot for an agricultural purpose, the applicant:

      1. (a) In accordance with local land recordation requirements, shall record an approved buffer management plan under Regulation .01-3 of this chapter; and
      2. (b) If authorized by the local jurisdiction, may delay implementation of the buffer management plan until the use of the lot is converted to a nonagricultural purpose.
   3. (3) The requirements of this regulation are not applicable to an in-kind replacement of a structure.

2. B. A local jurisdiction shall require an applicant to establish the buffer in vegetation in accordance with §C of this regulation and Regulation .01-2 of this chapter and to provide a buffer management plan under Regulation .01-3 of this chapter when an applicant applies for:

   1. (1) Approval of a subdivision;
   2. (2) Conversion from one land use to another land use on a lot or a parcel; or
   3. (3) Development on a lot or a parcel created before January 1, 2010.

3. C. When the buffer is not fully forested or is not fully established in existing, naturally occurring woody or wetland vegetation, an applicant shall establish the buffer to the extent required in the following table:

   Development Category	Lot Created Before Local Program Adoption	Lot Created After Local Program Adoption
   Development on a vacant lot	Establish the buffer based on total square footage of lot coverage outside the buffer	Fully establish the buffer
   Subdivision	Fully establish the buffer
   New lot with an existing dwelling unit	Establish the buffer based on total square footage of lot coverage outside the buffer
   Conversion of a land use on a parcel or lot to another land use	Fully establish the buffer
   Addition, accessory structure, or redevelopment	Establish the buffer based on net square footage increase in lot coverage outside the buffer
   Substantial alteration	Establish the buffer based on total square footage of lot coverage outside the buffer

4. D. A local jurisdiction may authorize an applicant to deduct from the total establishment requirement an area of lot coverage removed from the buffer if:

   1. (1) The lot coverage existed before the date of local program adoption or was allowed by local procedures; and
   2. (2) The total area is stabilized.

Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

Effective date: May 13, 1986 (12:24 Md. R. 2352)

COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.

COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992

Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)

Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)

Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)

Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994

Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)

Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)

Chapter revised effective March 5, 2012 (39:4 Md. R. 339)

Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)

Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)

Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)

Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)

Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)

Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)

Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)

Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)

Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)

Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)

Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)