Building Near the Water in Maryland: Critical Area and Flood Maps

If your lot is near tidal water in Maryland, check two things before you design anything: whether the property is in the Chesapeake Bay Critical Area, and what the flood maps show. Critical Area rules can rule out a structure in the Buffer, and flood status can add reviews. Both are easier to handle before plans are drawn.

What the Critical Area is

State law defines the initial Critical Area planning area as the Chesapeake Bay and its tributaries to the head of tide, plus all land and water within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides. The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays oversees the program.

The 100-foot Buffer

• The Buffer is at least 100 feet wide, directly next to tidal waters, tidal wetlands and tributary streams.
• It is expanded where there are sensitive resources, such as steep slopes or constrained soils.
• In general, new development that disturbs land or natural vegetation, or that involves building a structure, is not permitted in the Buffer.
• The Commission says the Buffer is meant to reduce sediment and pollutants in stormwater runoff.

How to check your property

1. Use the "Is My Property in the Critical Area?" map tool linked from the Critical Area Commission's site.
2. Check the Maryland Flood Risk Application. The State and FEMA have been updating Flood Insurance Rate Maps, and the tool shows both existing and preliminary flood status.
3. Call your local permit office and ask which reviews apply to your address before you finalize plans.

What local review can look like

In Baltimore City, permit applications can be sent to special referrals. These include floodplain review by Planning's floodplain managers and forest conservation review for disturbance of 5,000 square feet or more outside the Critical Area. Zoning also does an initial review of projects for compliance with the city zoning ordinance.

In Annapolis, exterior projects in the Historic District need a certificate of approval, even when the work is exempt from a building permit. A home there may need historic review as well as environmental review, so ask about each one.

Planning steps that save time

• Get a site plan that shows the water, wetlands, slopes and the Buffer line.
• Keep new work outside the Buffer when you can, and ask the local office about your options before design.
• If the flood tool shows your home in a flood zone, ask the permit office about floodplain requirements for your project.
• For remodeling, hire a contractor licensed by the Maryland Home Improvement Commission. New homes are built by builders registered with the Home Builder Registration Unit.