Policy on Management of Waterfront/Wetlands
In response to a neighbor’s request to trim trees in the wetlands for the purpose of
improving their view, we have researched and found the following regulations by the
MD Department of Natural Resources. Our HOA will strictly enforce these regulations
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
wishing to trim a tree or shrub in the waterfront or wetlands must first submit a
request to the HOA Board at [email protected] .
MD Department of Natural Resources FAQs
https://dnr.maryland.gov/criticalarea/pages/faqs.aspx#36
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.
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; however, on
some properties it may be 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 assist you in determining the width
and location of the Buffer on your property.
The Buffer serves as an important protective area for aquatic resources and shoreline
habitat. The Buffer is subject to much stricter requirements than the rest of the
Critical Area because it is essential to water quality improvement and fish, wildlife,
and plant habitat enhancement.
1. 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 for the purpose of creating a view. However, trees and shrubs can be pruned
and limbed up to create openings that provide a view.
2. 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. In general, if live branches are to be pruned or invasive
species are to be removed, and three or more trees will be affected, you should
contact your local planning office to determine what, if any, authorization is needed.
Depending on the number of trees and shrubs to be trimmed or pruned and the
size of the area of the Buffer affected, a Simplified or Minor Buffer Management
Plan may be required. Check with local planning staff before starting work.
3. 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.
4. Can I remove invasive or noxious plants such as English Ivy, Japanese
Honeysuckle, or Phragmites in the Buffer?
Yes. Removal of invasive or noxious species in the Buffer and replacing them with
desirable native species is encouraged. However, a Simplified Buffer Management
Plan is required. Also, the removal of invasive species must be done by hand or by
using a backpack sprayer. Mowing or bush hogging is not permitted.
5. Can I apply herbicides in the Buffer?
Yes. You can manually apply herbicides in the Buffer for the removal of invasive
species. Targeted spraying to eradicate individual plants or treat small areas, using
an herbicide appropriate for application near waterways, is recommended. You
may need to 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 [email protected]. The HOA is accountable to the MDE to enforce its laws on all HOA property. Therefore, any request to trim trees/shrubs on HOA property will be conducted by the HOA representatives with costs to be 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.
In response to a neighbor’s request to trim trees in the wetlands for the purpose of
improving their view, we have researched and found the following regulations by the
MD Department of Natural Resources. Our HOA will strictly enforce these regulations
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
wishing to trim a tree or shrub in the waterfront or wetlands must first submit a
request to the HOA Board at [email protected] .
MD Department of Natural Resources FAQs
https://dnr.maryland.gov/criticalarea/pages/faqs.aspx#36
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.
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; however, on
some properties it may be 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 assist you in determining the width
and location of the Buffer on your property.
The Buffer serves as an important protective area for aquatic resources and shoreline
habitat. The Buffer is subject to much stricter requirements than the rest of the
Critical Area because it is essential to water quality improvement and fish, wildlife,
and plant habitat enhancement.
1. 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 for the purpose of creating a view. However, trees and shrubs can be pruned
and limbed up to create openings that provide a view.
2. 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. In general, if live branches are to be pruned or invasive
species are to be removed, and three or more trees will be affected, you should
contact your local planning office to determine what, if any, authorization is needed.
Depending on the number of trees and shrubs to be trimmed or pruned and the
size of the area of the Buffer affected, a Simplified or Minor Buffer Management
Plan may be required. Check with local planning staff before starting work.
3. 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.
4. Can I remove invasive or noxious plants such as English Ivy, Japanese
Honeysuckle, or Phragmites in the Buffer?
Yes. Removal of invasive or noxious species in the Buffer and replacing them with
desirable native species is encouraged. However, a Simplified Buffer Management
Plan is required. Also, the removal of invasive species must be done by hand or by
using a backpack sprayer. Mowing or bush hogging is not permitted.
5. Can I apply herbicides in the Buffer?
Yes. You can manually apply herbicides in the Buffer for the removal of invasive
species. Targeted spraying to eradicate individual plants or treat small areas, using
an herbicide appropriate for application near waterways, is recommended. You
may need to 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 [email protected]. The HOA is accountable to the MDE to enforce its laws on all HOA property. Therefore, any request to trim trees/shrubs on HOA property will be conducted by the HOA representatives with costs to be 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.
