Back in 1984, the Maryland General Assembly created the Chesapeake Bay Critical Area Protection Program to protect the Chesapeake Bay and its surrounding habitat.

The program is led by a Critical Area Commission which, with the help of 61 local governments, protects the land within the critical area by restricting and controlling the development within 1,000 feet inward from all tidal influence for the Bay.

In line with this, a Critical Area Buffer wasestablished as the 100 feet adjacent to the tidal waters, tidal wetlands, and

tributary streams.

Within this buffer area, shrubs, plants, and trees help to prevent land erosion which could consequently pollute the water. If the property that you would like to buy is located within the critical area, it is important for you to know that, once you have purchased the property, you would need to ensure that the use of your land is within the established regulations and that certain decisions to develop your land would need to undergo the approval process.

Building a property within the Critical Area Buffer is generally permitted, but it is best for you to consult with your local zoning board for all rules and regulations in your specific situation. You might need to check whether there are restrictions as to the total amount of lot coverage you can have. You might also be required to submit a Buffer Management Plan if you plan on making changes on your property, even for minor work like tilling your garden.

In addition, if your property is built within the Critical Area Buffer, you cannot simply remove trees without replacing them. And in some cases, you might be required to replace each tree with more than one. In this area, you can only remove trees if they are dead, dying, diseased, or a hazard on the property.