An application for amendment to the buffer modification area maps may be made for lots that contained impervious surfaces as of December 1, 1985 or for undeveloped lots located between developed lots.
Buffer modification map amendments are not granted automatically. A property owner must apply for a buffer modification map amendment with the Office of Planning and Zoning. After receiving the application, the Office of Planning and Zoning will receive public comment and then the Planning and Zoning Officer will decide whether to approve, approve with conditions, or deny the request. Buffer modification map amendments must be reviewed and approved by the Critical Area Commission.
- Apply online using the Land Use Navigator (LUN).
- For information about getting started with the system, visit the System Help page.
Submittal Requirements
Visit the Pre-file page to understand requirements and for more information.
The Letter of Explanation must outline the specifics of the Critical Area Buffer Map Amendment request in Article 18-13-301(c) (1) through (4) and (6). The letter must include a justification for the proposed buffer modification and an explanation of why the buffer on the property to be affected is nonfunctional. This letter must also address the specific criteria for a Buffer Modification Map Amendment set forth under Article 18-13-304. Include the dimensions, square footage and height of all existing and proposed structures and their distance (setbacks) from all property lines including from the Mean High Water line, if applicable. If the structure is already built, provide information as to the date of construction. Provide evidence of the existing structure or impervious surface within the buffer as of December 1, 1985.
The Site Development Plan must be drawn at an engineering scale of 1”=40’ showing the entire property in question and all parts of Article 18-13-301(c)(5).
To confirm the ownership of the subject property. A copy can be obtained from mdlandrec.net. Provide a copy of the recorded subdivision plat or a signed and sealed survey of the property if the deed does not provide a metes and bounds description.
$150 plus sign fee
$35 fee for each sign that is required to be posted on the property
For sites with frontage on more than one road or on the water, additional signs are required for each road and water frontage. It is the responsibility of the applicant to post the required sign(s) on the subject property within seven (7) days after the accepted filing of an application. The developer shall file a certification with clear photographic evidence to verify compliance with this subsection. The Research & GIS Division (4th Floor) of the Office of Planning and Zoning will provide all applicable signs.
Additional Information
Signs are required to be posted on the property to give notice of the application and the developer shall file a certification with clear photographic evidence to verify compliance with this subsection.
Within seven days after the filing of an application the Office of Planning and Zoning shall provide the information contained on the signs to the Office of the county Executive. The Office of the county Executive shall send a notice containing that information to each community association, persona, and organization on its list that is loathed in the Councilmanic District of the property proposed for an amendment to the buffer modification map. The notice shall state that additional information may be obtained from the Office of Planning and Zoning.
The Planning and Zoning Officer shall set a date by which written comments from the general public are due to the Office of Planning and Zoning, and the date shall be no less than 14 days after the posting of the signs. The Planning and Zoning Officer may not issue a decision on the application until after the public comment period has expired.
The Planning and Zoning Officer shall approve, approve with conditions, or deny the application for a change in the buffer modification area maps and shall mail a copy of the decision to the applicant, all persons who submitted written comments, and to the Critical Area Commission for final review and approval.