Chesapeake Bay Critical Area - Rezoning

A Chesapeake Bay Critical Area Overlay Rezoning is a Zoning Map Amendment used solely for the purpose of establishing or amending the County’s Chesapeake Bay Critical Area Overlay in accordance with County and state law, to protect the sensitive environmental resources of the Chesapeake Bay while also respecting the rights of landowners. Either the District Council, the Planning Board, or a property owner may initiate a Chesapeake Bay Critical Area Overlay Zoning Map Amendment. 

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Pre-Application Conference: Required under new Zoning Ordinance.

Pre-Application Neighborhood Meeting: Required under new Zoning Ordinance.

Subdivision and Development Review Committee (SDRC):  Chesapeake Bay Critical Area Overlay Zoning Map Amendments may be referred to the SDRC, at the discretion of the Zoning Section Supervisor or at the request of the applicant.

Decision Maker: Chesapeake Bay Critical Area Overlay Zoning Map Amendments are decided by the District Council with recommendation from Planning Board, Planning Director, Zoning Hearing Examiner, and municipality (if applicable).

Fees
Chesapeake Bay Critical Area Overlay Zone
Overlay Zones Only
$5,000 plus $200 per acre up to and including 10 acres, plus $100 for each additional acre
Underlying Zones
$5,000 plus $200 per acre up to and including 50 acres, plus $100 for each additional acre
Fee limit$60,000

Public Notice Requirement

Mailings:  Public hearing mailings are required 30 days prior to Planning Board hearings to: 

  • All owners of land within the boundaries of the proposed overlay zones
  • All persons of record, and all other persons who requested (in writing) a copy of the Technical Staff Report
  • Registered civic associations that identified the geographical area in which the site is located as part of their represented areas
  • Any municipality lying, wholly or in part, within, or within 1 mile of, the boundaries of the proposed overlay zones
  • Any governed special taxing districts lying, wholly or in part, within, or within 1 mile of, the boundaries of the proposed overlay zones

Public hearing mailings are also required 60 days prior to Planning Board hearings to:

  • All public agencies and municipalities with operational or planning responsibilities within the boundaries of the proposed overlay zones
  • The Historic Preservation Commission, if any land within or abuts the proposed overlay zones is an identified historic resource or historic site

Additionally, mailings are required 30 days prior to Zoning Hearing Examiner hearings and District Council hearings to persons of record for property-initiated requests. 

Legal Advertisement: 30 days prior to Planning Board hearings for property owner-initiated requests.  

Sign Postings: 30 days prior to Planning Board hearings and Zoning Hearing Examiner hearings for property owner-initiated requests.

Estimated Review Time: 8-10 months


Application Instructions

The new Zoning Ordinance and Subdivision Regulations go into effect on April 1, 2022. For a period of two years (until March 31, 2024), Applicants have the option to submit under the requirements of either the new or prior Ordinance. [Note: Review under the prior Ordinance requires a Pre-Application Conference and Statement of Justification to explain why the applicant has not chosen to develop under the provisions of the new Ordinance.]

Any application accepted prior to the effective date of the new Ordinance will be reviewed and decided in accordance to the provisions of the prior Ordinance. See the Transitional Provisions Quick Reference for more information. 

Find application materials below separated per the applicable Ordinance.

  1. After April 1, 2022
  2. Prior to April 1, 2022