(A) Growth areas. The Generalized Sensitive Areas Map 1 shows the locations of “streams” and “growth areas,” which are based upon the Garrett County Comprehensive Plan. Within the areas shown as growth areas, the minimum stream buffer shall include areas within 25 feet of each side of the top of the primary bank of a stream, as determined by the Department of Planning and Land Development. Within areas that are not shown as growth areas, the minimum stream buffer shall include areas within 50 feet of each side of the top of the primary bank of a stream.
(B) New buildings. A new building shall not be placed within a required stream buffer.
(C) Building expansion. A building that existed prior to July 1, 1997 may be expanded into a required stream buffer, provided that the intrusion shall be limited to a cumulative maximum total of 1,000 square feet of land area.
(D) Paving and stone. No new or expanded paving or stone surface shall be placed within the required stream buffer, except for any of the following:
(1) Sidewalks or trails that will not serve motor vehicles;
(2) Necessary road and driveway crossings that are approximately perpendicular to the stream;
(3) Temporary waterway crossings related to construction, provided the crossings are approved by applicable state agencies;
(4) The Planning Commission may approve an exception to the 50 feet wide stream buffer (in areas not designated as a growth area) if:
(a) The area involved is a relatively small area of land;
(b) The applicant or his or her representative demonstrate to the Planning Commission that the project would be more environmentally sound than would otherwise occur, or is necessary to allow a road design to meet established minimum standards; and,
(c) An effective vegetative buffer, including grasses, shrubs and tree canopy, exists within the reduced buffer area or will be provided in accordance with a detailed planting plan shown on the approved site plan.
(E) Grading. If grading is proposed within a required stream buffer, then a grading plan shall be prepared by a qualified professional in a manner that holds grading of slopes within such areas to a reasonable minimum.
(F) Recommendations.
(1) Property-owners are strongly encouraged, but not required, to maintain the Stream Buffers in natural vegetation and to plant new trees in areas without significant existing vegetation. At best, the buffer should include both natural ground vegetation and deciduous trees that will provide a canopy over the waterway.
(2) Subdividers are strongly encouraged to establish deed restrictions to limit tree cutting within this buffer.
(3) The county shall provide educational material to applicants for approval of subdivision plans, grading permits and building permits, including:
(a) Information on creation and protection of vegetative buffers; and
(b) Sources of information, support and assistance for installation and maintenance of stream buffers.
(Ord. —, passed 6-24-1997, eff. 7-1-1997; Am. Res. 2010-6, passed 5-25-2010)