Environmental Impact Review
Environmental Impact Review (EIR) is responsible for the implementation and enforcement of the Regulations for the Protection of Water Quality, Streams, Wetlands and Floodplains (Baltimore County Code (BCC) (Section 33, Title 3), the Forest Conservation Regulations (BCC, Section 33, Title 6) and the Chesapeake Bay Critical Area Regulations (BCC, Section 33, Title 2).
REGULATIONS FOR THE PROTECTION OF WATER QUALITY, STREAMS, WETLANDS AND FLOODPLAINS
Any development activity that occurs on a property that contains or is located within 200 feet of a stream, wetland or riverine floodplain is subject to the forest buffer regulations. These regulations may require the accurate delineation of a non-tidal wetland, or the accurate delineation of a perennial or intermittent stream. A steep slope and erodible soils analysis (SSA) may be required to determine the appropriate forest buffer. The SSA application and guidelines can be found on the link provided. A forest buffer alternatives analysis and forest buffer variance is required for any proposed development or redevelopment activity within a forest buffer. No tree or shrub removal, clearing, grazing of animals, mowing, burning, spraying, filling, dumping or soil disturbance is permitted within a forest buffer easement without written permission of DEPS.
Impacts to streams, wetlands and/or floodplains may also require a permit from the Maryland Department of the Environment (MDE) or the United States Army Corps of Engineers (USACOE).
FOREST CONSERVATION REGULATIONS
The Maryland Forest Conservation Act was passed in 1991 and the Baltimore County version was adopted in 1993 (BCC 33-6). The scope of these regulations states that any development activity that occurs on a unit of land that is 40,000 square feet or greater is subject to the forest conservation law. A forest stand delineation (FSD), forest conservation worksheet (FCW) and a forest conservation plan (FCP) may be required by a licensed forester, licensed landscape architect or other qualified professional. Visit Maryland's Forest Conservation Act page to view a list of qualified professionals.
For more information regarding the timber harvest application process and the required forms, call the Baltimore County Soil Conservation District at 410-527-5920.
The following changes to the Forest Conservation Program went into effect on July 1, 2024.
Additional priority areas for retention
Items six through nine below are added to the list, and perennial stream buffers are now a minimum of 100 feet.
A forest retention area is considered priority one if it includes any of the following:
- Trees, shrubs and herbaceous plants that are part of a community with one or more of the following characteristics:
- Located in sensitive areas, including:
- The riverine floodplain
- Intermittent and perennial streams
- Forest buffers
- Steep slopes
- Nontidal wetlands
- Critical habitat areas of rare, threatened, or endangered species
- High forest structural diversity per the FSD data sheet
- Forest Patch Area in RC6 zones (Contact the Department of Environmental Protection and Sustainability for Patch Maps)
- Located in sensitive areas, including:
- Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site, for example:
- A contiguous forested area of approximately 100 acres that connects the largest or most vegetated tracts of land within and adjacent to the site
- Part of a forested area which provides a corridor 300 feet wide or more of primarily native vegetation between two larger forested tracks
- Trees, shrubs, or herbaceous plants determined to be rare, threatened, or endangered under:
- The Federal Endangered Species Act of 1973 in 16 U.S.C., Sections 1531 through 1544 and in 50 CFR Part 17
- The Maryland Nongame and Endangered Species Conservation Act
- COMAR 08.03.08
- Trees that:
- Are part of an historic site
- Are associated with an historic structure
- Have been designated by the state or the department as a national, state, or County champion tree
- Any tree having a diameter measured at 4.5 feet above the ground of:
- 30 inches or more
- 75 percent or more of the diameter, measured at 4.5 feet above the ground, of the current state champion tree of that species as designated by the State Department of Natural Resources
- Forest suitable for Forest Interior-Dwelling species
- Forest located in a Tier II or Tier III high-quality watershed as identified by the Maryland Department of the Environment
- Forest located in a watershed protection zone, a reservoir watershed area, or a wellhead protection area
- Forest in urban areas
- As delineated in the priority urban forest mapping included in the State Forest Conservation Technical Manual requirements
- That are the most important for providing wildlife habitat or mitigating flooding, high temperatures, or air pollution
required: Written findings and justification for any clearing of a priority retention area
Any requests to clear priority forest shall submit written findings and justification as part of the Forest Conservation Plan submittal as a Forest Retention Investigative Report.
Solar facilities
Afforestation requirements do not apply.
Retention banks
At this time, Baltimore County is not allowing the use of forest conservation retention banks.
DECLARATION OF INTENT (DOI)
- Agricultural and Forestry DOI Instructions and Waiver 10-01-12
- DOI Agriculture
- DOI Forestry
- DOI Intra-family Transfer
- DOI Single Lot
CHESAPEAKE BAY CRITICAL AREA
The Critical Area regulations require all development within 1000 feet of tidal waters and tidal wetlands meet specific provisions, including setbacks from the water and limits on lot coverage, also known as impervious surface, and forest and tree clearing.
The program places all lands in the Critical Area into one of three land use categories, which are:
- Intensely Developed Areas (IDA)—IDAs are residential, commercial, institutional, or industrial and developed land uses are predominate. Relatively little natural habitat occurs. Pollutant loadings must be reduced by 10 percent and Habitat Protection Areas must be protected. A minimum 100-foot buffer is required.
- Limited Development Areas (LDA)—LDAs have low or moderate intensity uses and co-exist with natural plant and animal habitats. Runoff has not been substantially altered or impaired.
- Resource Conservation Areas (RCA)—Natural resource areas such as habitats, wetlands and forests and resource-oriented activities such as farming and fishing predominate in RCAs.
Growth Allocation allows RCA to be converted to LDA or IDA, or LDA to be converted to IDA.
For more information, call 410-887-3980.
VARIANCE AND ANALYSIS APPLICATIONS
- Alternatives Analysis Application
- Critical Area Variance Application
- Critical Area Variation of Standards Application
- Forest Buffer Variance Application
- Forest Conservation Variance Application
ANALYSIS
STANDARDS, APPROVALS AND PLANS
- Easement Sign Standards
- Modified Buffer Area Plan
- Plan Approval Stamps
- Abbreviated Water Dependent Facilities Process