FAQs • Harford County, MD • CivicEngage

What is the Critical Area and can I build there?: The Chesapeake Bay Critical Area is the area 1,000 feet landward of tidal waters and tidal wetlands. In addition, certain park, floodplain and wetland areas beyond 1,000 feet from the head of tide are included in the Critical Area in Harford County. Development is permitted within the Critical Area, however, specific regulations restrict the intensity of development. Critical Area regulations require that specific resources not be disturbed by development and that others may be disturbed if mitigation is provided.

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Critical Area

1. What is the Critical Area and can I build there?: The Chesapeake Bay Critical Area is the area 1,000 feet landward of tidal waters and tidal wetlands. In addition, certain park, floodplain and wetland areas beyond 1,000 feet from the head of tide are included in the Critical Area in Harford County. Development is permitted within the Critical Area, however, specific regulations restrict the intensity of development. Critical Area regulations require that specific resources not be disturbed by development and that others may be disturbed if mitigation is provided.

2. I am placing a shed and/or pool in my backyard. Is there anything that I need to do to comply with the Critical Area Program?: Yes. Anytime that you add new lot coverage within the Critical Area, you must mitigate for that increase. The most effective way to off-set this increase is with landscaping. Very simply, for every 100 square feet of lot coverage that you add, you are required to plant one tree or two shrubs that are native to Maryland and are a certain size (3 to 5 gallon container for shrubs and 1.5-2-inch caliper for trees 5-6-foot in height). A Lot Coverage Form is provided to be completed and submitted with the permit. Check with the Department of Planning and Zoning for more details.

3. I have dead trees in my backyard that are right next to the water. Can I remove them? How about the healthy trees that block my view?: Yes, the dead trees may be removed; however you need to complete a Buffer Management Plan. This Plan is necessary any time there is a disturbance to the Buffer. It includes information on the proposal and the long-term management of the area. If you remove a tree in the Buffer, you are required to replace it with another native species.
Healthy trees must remain in place and removing them for a view is not permitted. Buffer Management Plan Form (PDF)

4. I own an undeveloped piece of land in a Resource Conservation Area; can I build a home on this land?: Yes, you may build a home on your land. Any lot that was created prior to the Critical Area Regulations is entitled to be developed, with at least one house, provided that these projects comply with certain remaining regulations and are consistent with the underlying zoning.