Environmental Regulations and Policies

If the proposed development is for a subdivision of property or for a grading permit or sediment control permit on a site of 40,000 square feet or greater, then the proposed development is subject to the Forest Conservation Regulations located in Article 17 Subtitle 3 of the Anne Arundel County Code. 
 
Once it has been determined that the development is subject to the regulations, there are few types of projects that may receive an exception to these regulations under certain circumstances. For example, properties governed by the Critical Area overlay. The full list of exceptions are listed in Article 17-6-301(b)(1-11). 
 
If the project is subject to the regulations, a Forest Stand Delineation and Forest Conservation Plan must be prepared by a qualified professional. In most cases, a certain area of forest must be preserved or reforestation planted and the forest and/or reforestation will be placed within a protective easement. If you have any questions about these regulations you can contact the appropriate team, (Residential, Regional or Critical Area) if you need assistance.

As per Article 17-6-307(b) of the Anne Arundel County Code, if it is believed that it is appropriate for the County to abandon a forest conservation easement, a request must be sent in writing to the Planning and Zoning Officer that explains why the abandonment is believed to be appropriate. 
 
If the Planning and Zoning Officer agrees in writing then the abandonment can take place, provided the area to be abandoned is less than 1/2 acre, a fee of $1.25 per square foot is paid (abandonment of 10,000 sq.ft. or less and 35 feet wide or less) or $1.50 per square foot is paid (abandonment of more than 10,000 sq.ft. and more than 35 feet wide), and an Amended Plat and revised forest conservation easement documents are recorded in the land records of the County. More information on the Amended Plat process can be found in Article 17-3-801 and the Amended Plat documents. A community meeting may be required as per Article 17-2-107. Approval of these requests are not automatic and adequate justification and documentation, as determined by the Planning and Zoning Officer, must be submitted with the request in order to receive a favorable decision.

Modifications may be necessary for site development if compliance with Forest Conservation regulations cannot be attained in full due to site conditions. For instance, if a site is fully forested and larger than 40,000 sf, a modification is necessary for clearing of priority retention forest. Note that approval of a modification request is not guaranteed, and an applicant must demonstrate meeting the five criteria of 17-2-108(a) in a modification application. Information on the modification process is available on our site.

Anne Arundel County land use departments share important information about operating procedures and standards in notices made available online and through email subscription. Green Notices reflect information shared by the Office of Planning and Zoning. 

• OPZ-20-01 - Preserving Priority Forest Retention Areas 
• OPZ-20-02 - Fulfilling Afforestation and Reforestation Requirements 
• OPZ-20-03 - Calculating Forest Conservation, Afforestation and Reforestation Requirements 
• OPZ-20-04 - Identifying Existing Conditions and Natural Resources through the Sketch and Preliminary Planning Process 

Natural features are defined as floodplains, slopes of 15% or greater, soil types, streams, tidal and nontidal wetlands, and vegetation. They require special consideration when planning a proposed development. All development applications are subject to the regulations of natural features if the feature or applicable buffer exists within the limits of development of the project.  

• Nontidal wetlands 
• Streams 
• Steep slopes 
• Nontidal floodplains 

Modifications may be necessary for site development if compliance with Natural Features regulations cannot be attained in full due to site conditions. For instance, if a site has a single access point with no alternatives and a steep slope crosses the entry to the site, then a modification is necessary for disturbance of a steep slope and its buffer. Note that approval of a modification request is not guaranteed, and an applicant must demonstrate meeting the five criteria of 17-2-108(a) in a modification application. 
 
Information on the modification process is available on our site.

Anne Arundel County land use departments share important information about operating procedures and standards in notices made available online and through email subscription. Green Notices reflect information shared by the Office of Planning and Zoning. 

• OPZ-20-04 - Identifying Existing Conditions and Natural Resources through the Sketch and Preliminary Planning Process 
• OPZ-20-05 - Verifying the Existence or Absence of Nontidal Wetlands and their Buffers 
• OPZ-20-06 - Protections and Minimum Mitigation Conditions for Nontidal Wetlands
• OPZ-21-05 - Requirements for Floodplain Modification Requests

Anne Arundel County Code sections that pertain to Critical Area-related elements are listed below. Click on the link to access the associated section of the code.

• Floodplain: Code 16-2 
• Natural Features: Code 17-6 
• Critical Area Overlay: Code 17-8
• Bog: Code 17-9 
• Zoning: Code 18-13 

Resources

Resources