Charles County, MD Landscaping Rules: Native Plants (2026)

The Critical Area Buffer is defined in § 297-128 as a naturally vegetated area protecting aquatic, wetland, and terrestrial environments from disturbance; along tidal waters, tributary streams, and tidal wetlands it runs at least 100 feet landward from the mean high-water line, and can be required wider where sensitive features are present. Section 297-131D, "Buffer mitigation and planting standards," applies whenever development or redevelopment activity happens inside that Buffer on a lot or parcel that includes one. Under § 297-131D(2), a Buffer Management Plan approved by the Planning Division must accomplish four things: prohibit installing or cultivating new lawn or turf anywhere in the Buffer; ensure the planting of native species; cover the Buffer with mulch or other ground cover until the new plantings are established; and spread the plantings throughout the Buffer so they deliver habitat and water-quality benefits rather than being clustered in one spot.

The mitigation and establishment requirements tie back into § 297-131B and are calculated cumulatively based on the type and permanence of the disturbance. Charles County backs this with its own violations chapter, § 297-135, rather than the chapter's general $300 penalty. A person who disturbs the Buffer without approval faces a civil penalty of up to $10,000 per offense, per day, on top of restoration duties: replanting native forest vegetation equal to three times the disturbed area, or four times if the disturbance was inside the Buffer itself, per § 297-132E. Restoration projects over 1,000 square feet or $1,000 in cost require a bond held for at least two years to confirm the plantings survive.