Wetlands
Management of Waterfront/Wetlands
These notes follow the Maryland Department of Natural Resources Critical Area questions, and the association’s resolution on tree work. A request to trim trees or shrubs starts with the wetlands application.
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Maryland DNR
The questions below are the association’s copy of the Department of Natural Resources Critical Area answers.
DNR Critical Area FAQs
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What is the Critical Area?
The Critical Area includes all land within 1,000 feet of Maryland’s tidal waters and tidal wetlands. It also includes the waters of the Chesapeake Bay, the Atlantic Coastal Bays, their tidal tributaries, and the lands underneath these tidal areas.
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What is the Buffer?
The Critical Area Buffer is the land area immediately adjacent to tidal waters, tidal wetlands, and tributary streams. The minimum Buffer width is 100 feet. On some properties it is wider because of steep slopes, wetlands, or sensitive soils. On some projects, a wider Buffer, often 300 feet or more, was part of the original project approval. The local planning office can help you find the width and location of the Buffer on your property.
The Buffer protects aquatic resources and shoreline habitat. It has stricter requirements than the rest of the Critical Area because it is essential to water quality and to fish, wildlife, and plant habitat.
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Can I remove a tree or natural vegetation that blocks my view?
No. Removal of healthy trees and natural vegetation in the Buffer is not permitted solely to create a view. Trees and shrubs can be pruned and limbed up to create openings that provide a view.
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Can I trim shrubs and prune trees within the Buffer?
Yes. You can trim shrubs and prune trees within the Buffer using hand tools, as long as the pruning and trimming does not affect the water quality and habitat functions of the Buffer. If live branches are to be pruned or invasive species are to be removed, and three or more trees will be affected, contact your local planning office to find out what authorization is needed.
Depending on the number of trees and shrubs and the size of the Buffer area, a Simplified or Minor Buffer Management Plan may be required. Check with local planning staff before starting work.
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Is mitigation required for trimming and pruning trees within the Buffer?
No. Mitigation is not required as long as the pruning and trimming does not remove more than 25 percent of the living canopy, and limbing up of lower branches is limited to the lower one-third of the height of the tree.
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Can I remove invasive or noxious plants in the Buffer?
Yes. Removal of invasive or noxious species such as English ivy, Japanese honeysuckle, or phragmites, and replacing them with desirable native species, is encouraged. A Simplified Buffer Management Plan is required. Removal must be done by hand or with a backpack sprayer. Mowing or bush hogging is not permitted.
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Can I apply herbicides in the Buffer?
Yes. You can manually apply herbicides in the Buffer to remove invasive species. Targeted spraying of individual plants or small areas, using an herbicide appropriate for application near waterways, is recommended. Cover or protect desirable native species so they are not destroyed.
Resolution to Wetlands Tree Management
Our HOA will strictly enforce regulations of the MD Department of Natural Resources which state that trees and shrubs may not be removed, but can be pruned and limbed up to improve a view. Pruning must be done with hand tools (includes hand operated chainsaws or weed whackers) to no more than 25% of the living canopy, and lower branch removal is limited to the lower 1/3 height of the tree.
Anyone wanting a tree or shrub trimmed in the waterfront or wetlands must first submit a request to the HOA Board at st.martinshoa@gmail.com. Use the wetlands application. The HOA is accountable to the MDE to enforce its laws on all HOA property. Therefore, any request to trim trees or shrubs on HOA property will be conducted by the HOA representatives, with costs incurred by the resident who makes the request. Failure to follow these guidelines may result in a $500 fine from the HOA as well as additional fines from MDE.
