Is your property in it?
The Critical Area is all land within 1,000 feet of Maryland’s tidal waters and tidal wetlands.1 That’s about 11% of the state.2 Your county runs the program and keeps the maps; many counties have them online.1
Lot coverage: patios count
Building in the Critical Area comes with limits on lot coverage and clearing.1 Lot coverage is more than the house: it includes driveways, walkways, parking pads, and anything covered with gravel, stone, shell, pavers or permeable pavement, plus stairs and solid decks.2
It doesn’t include a deck with gaps that let water through, a wood mulch path, a fence or wall under a foot wide with no footer, or a walkway through the Buffer to a pier.2
Outside the most built-up areas, lot coverage is generally limited to 15% of the lot, depending on lot size and whether the lot is grandfathered.2 Ask your county before planning a patio or driveway.
The 100-foot Buffer
The Buffer is the land right next to tidal water, tidal wetlands and tributary streams. It’s at least 100 feet wide, and wider on steep slopes or sensitive soils.1
- Clearing trees, cutting brush and grading are generally not allowed.1
- Removing any vegetation needs a Buffer Management Plan approved by your county, except mowing an existing lawn.1
- Planting is required unless the Buffer is already fully forested.1
Removing trees
Outside the Buffer, your county can approve removing trees as long as you plant new ones. In the Buffer, trees can come down only if they’re dead, dying, diseased or a hazard.1 Our tree removal guide covers the licence the tree service needs.
Sources
- Critical Area FAQs, Critical Area Commission. Checked 29 Sep 2026.
- Becoming Bay Smart: Living Within Maryland's Critical Area (2012), Critical Area Commission. Checked 29 Sep 2026.
General information, not legal advice. Rules change, so check the source or your county before work starts.
