Prince George's County |
Code of Ordinances |
SubTitle 5B. CHESAPEAKE BAY CRITICAL AREA. |
Division 1. AGRICULTURAL LAND MANAGEMENT. |
SubDivision 1. GENERAL PROVISIONS. |
§ 5B-102. Agriculture.
(a)
General Policies. This section provides for the management of agricultural land so that non-point source pollution resulting from agricultural activities is minimized and natural habitats are conserved. All of the following policies shall be followed with regard to agriculture in the Critical Area:
(1)
Assure that agricultural lands are identified and that programs are established for the Critical Area to maintain, where appropriate, agricultural lands in agricultural use, to the greatest extent possible.
(2)
Recognize that agriculture is a protective land use that should be properly managed so that it minimizes its contribution to pollutant loadings to the Bay and its tributaries.
(3)
In a Chesapeake Bay Critical Area Overlay Zone, new farmland may not be created:
(A)
By diking, draining or filling of any class or subclass of wetlands, as described in the COMAR 27.01.09.02 and in this Subtitle, which have seasonally flooded or wetter than seasonably flooded water regime, unless mitigation is accomplished as provided by COMAR 27.01.09.02;
(B)
By clearing of forests and woodland or soils with a slope of greater than fifteen percent (15%); or on soils with "K value" greater than thirty-five percent (35%) and a slope greater than five percent (5%);
(C)
By clearing existing vegetation in a Buffer established landward from the Mean High Tide Line of tidal waters, tributary streams and tidal wetlands; or
(D)
If the clearing adversely affects water quality or will destroy plant or wildlife habitat.
(4)
Drainage of non-tidal wetlands for the purpose of agriculture shall be done in accordance with a Soil Conservation and Water Quality Plan, approved by the County Soil Conservation District.
(5)
Best Management Practices (BMPs) for the control of nutrients, animal wastes, pesticides and sediment runoff shall be used to protect the productivity of the land base and enhance water quality. These practices shall minimize contamination of surface and groundwater and further, shall minimize adverse effects on plants, fish and wildlife resources.
(6)
Animal feeding operations, including retention and storage ponds, feed lot waste storage and manure storage shall minimize the contamination of water bodies.
(7)
Agricultural activity permitted within the Critical Area shall use (BMPs) in accordance with a Soil Conservation and Water Quality Plan approved by the County Soil Conservation District.
(8)
The definitions contained in Section 5B-106, Definitions, shall also apply to this Division.
(9)
The enforcement and penalties in Section 5B-109, Enforcement, shall also apply to this Division.
(CB-74-1987; CB-62-1989; CB-75-2010)