Queen Anne's County, MD Building Setbacks & Zoning: Lot Coverage Limits (2026)
Key Facts
- LDA default cap
- 15% of gross site area proposed for development
- Lot of 1/2 acre or less (pre-1985)
- 25% of the parcel or lot
- Lot over 8,000 to 21,780 square feet
- 31.25% of the parcel or lot
- Lot over 21,780 to 36,300 square feet
- 5,445 square feet
- Post-1985 subdivision lot, one acre or less
- 25% of lot; 15% across the subdivision
- AG nonresidential ratio
- .40 for all other uses
Summary
In limited development areas of the Chesapeake Bay Critical Area in unincorporated Queen Anne's County, impervious surfaces are limited to 15% of the gross site area proposed for development under § 14:1-38D(8). Small lots of record from December 1, 1985 or earlier get 25%, 31.25% or a flat 5,445 square feet depending on lot size.
D. Site performance standards. ... Development and redevelopment requiring project approvals within the LDA shall be subject to the following conditions and restrictions: ... (8) Impervious surfaces shall be limited to 15% of the gross site area proposed for development, except as follows: (a) If a parcel or lot 1/2 acre or less in size was a lot of record on or before December 1, 1985, then man-made impervious surfaces associated with that use are limited to 25% of the parcel or lot. ... (e) If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, then man-made impervious surfaces of the lot may not exceed 25% of the lot. However, the total of the impervious surfaces over the entire subdivision may not exceed 15%.
Full Breakdown
Chapter 14:1, the Queen Anne's County Chesapeake Bay Critical Area Act, sorts critical area land into intensely developed, limited development (LDA) and resource conservation areas. Section 14:1-38D(8) is the impervious surface cap for project approvals in the LDA: 15% of the gross site area proposed for development, with exceptions for older lots.
A parcel or lot of 1/2 acre or less that was a lot of record on or before December 1, 1985 is held to 25% of the parcel or lot. A parcel of 1/4 acre or less in nonresidential use on or before that date gets the same 25%. A lot of 8,000 square feet or less that was a lot of record by then gets 25% plus 500 square feet, provided new impervious surfaces are minimized, stormwater quality impacts are minimized through site design or best management practices agreed on by the County and the Critical Area Commission, and on-site mitigation is performed or a fee-in-lieu is paid. A lot over 8,000 and up to 21,780 square feet gets 31.25%, subject to the same three conditions. A lot over 21,780 and up to 36,300 square feet is limited to 5,445 square feet, again subject to those conditions.
For an individual lot of one acre or less in a subdivision approved after December 1, 1985, impervious surfaces cannot exceed 25% of the lot, but the total over the entire subdivision cannot exceed 15%. The limits do not apply to a legally existing manufactured home park that was in residential use on or before December 1, 1985.
The definition of lot coverage in § 14:1-11 reaches structures, accessory structures, parking areas, driveways, walkways and roadways, plus gravel, stone, shale, impermeable decking, pavers, permeable pavement and any man-made material. It excludes a fence or wall under one foot wide built without a footer, a wood mulch pathway, and a deck with gaps that let water pass freely.
Outside the Critical Area limits, the zoning chapter sets a nonresidential impervious surface ratio by district: in the AG District, § 18:1-14E(2)(a) allows .80 for agricultural support, .15 for rural country clubs and .40 for all other uses, and in the SR District, § 18:1-18E sets .40 for institutional and .35 for all other uses. The Board of Appeals can grant a variance under § 14:1-61 et seq.
Violations & Fines
Critical area violations are civil violations under § 14:1-100 with a preset fine not to exceed $500, and each day is a separate violation. The enumeration lists $500 for a prohibited use, development or land disturbance within the critical area and for acting beyond the authority of a project approval, and $250 for changing or enlarging a use or structure in a manner not authorized. An unpaid citation draws an additional fine equal to twice the original. The Planning Director enforces under § 14:1-97.
Frequently Asked Questions
What is the impervious surface limit in the Critical Area on Kent Island?
Are small older lots treated differently?
What counts as lot coverage?
Does the small-lot allowance have conditions?
Can the Board of Appeals grant relief from the cap?
Sources & Official References
Other rules in Queen Anne's County
Compare Queen Anne's County to another location·View the Maryland building setbacks & zoning overview
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