(A) This chapter encourages landowners and developers to work cooperatively with state and federal environmental agencies to minimize harm to habitats of rare, threatened and endangered species.
(B) A subdivision plat or building permit shall not be approved or issued for a development that would adversely affect a site known to the staff of the County Department of Planning and Land Development to have been officially designated as a habitat for federally rare, threatened and endangered species by a federal agency until:
(1) A written notification has been provided by the applicant to a responsible office of the U.S. Fish and Wildlife Service or its successor agency; and
(2) The applicant provides the Department of Planning and Land Development with a copy of an approved permit issued by the appropriate federal agency, or a written statement that a permit is not needed.
(3) The applicant shall also provide the Department of Planning and Land Development with copies of all documents related to an approved federal permit, such as a Habitat Conservation Plan.
(4) An approval by the county under this section is not intended to limit the jurisdiction of applicable federal and state regulatory agencies.
(C) If proposed development activity would have a potential adverse impact on the habitat of a rare, threatened or endangered species officially designated by the State of Maryland:
(1) The Department of Planning and Land Development shall make the applicant aware of the potential impact and refer the applicant to an appropriate division of the Maryland Department of Natural Resources or a successor agency.
(2) County staff shall use the Maryland Sensitive Species Project Review Areas map, or a similar document published by the state, as a resource in determining whether to refer applicants to the state. The Project Review Areas are shown on the Generalized Sensitive Areas Map 1 as a guideline for referrals.
(Ord. —, passed 6-24-1997, eff. 7-1-1997; Am. Res. 2010-6, passed 5-25-2010)