Building Code Information
This link will send you to E-Code's General Code Library and Search Engine.
§ 155-8. Building permits
A. Building permit required
It shall be unlawful to locate or begin the excavation, erection, construction, reconstruction, extension, conversion or structural alteration of any building or structure without first obtaining a building permit from the Director of Planning. Ordinary repair and maintenance which only restore or preserve a building or structure in its existing form and do not change the use or configuration are exempt from the requirements of this section.
B. Application requirements
1. Every application for a building permit, signed by the applicant, shall be accompanied by plans, drawn approximately to scale, showing the shape and dimensions of the lot to be used or built upon; the exact location, size and height of any building or structure to be erected or altered; the existing or intended use of each lot or building; the number of family or housekeeping units the building is intended to accommodate; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. All lot dimensions on these plans shall be based on actual survey or deed description. The lot and location of the building, structure or other improvement shall be staked out on the ground before construction is started.
Building Potential on Critical Area Lots in Dorchester County
-
If it is a grandfathered lot, meaning it appears on the 1988 CA boundary maps, it has one development right provided it can get health department approval for septic. See # 3 below regarding additional development rights.
-
If it is not grandfathered, meaning it was subdivided after 1988 (in Dorchester County), you will need to establish whether the lot or parcel has a Critical Area development right. The subdivision plat should state this information. If there is no development right, the lot is not buildable. Copies of plats are available in the County Land Records offices, as well as in the Planning & Zoning office.
-
There may be potential for additional development rights, depending on the property's Critical Area designation, the underlying zoning, and size of the parcel.
-
Lots that are not grandfathered must be able to conform to today's standards for development in the Critical Area. You cannot obtain a variance from the Critical Area development standards for lots that are not grandfathered.
-
Grandfathered lots may seek variances if it can be shown that there is no reasonable alternative that would make the project conform to the current development standards.
-
For all lots, if the soils are hydric, it is possible that wetlands may be present. You will need to delineate and map the wetland boundaries. You may wish to hire a professional to do this for you.
-
Your site plan must show the boundaries of the 100' or expanded Critical Area Buffer from tidal wetlands. These boundaries are measured from the most landward edge of tidal wetlands located either on the site, or on adjacent properties where the Buffer may extend onto your lot. Maryland Department of the Environment regulates the 25' nontidal wetland Buffer.
-
The area remaining outside all delineated buffers is the buildable area of the lot. The buildable area must also conform to all yard and health department setbacks.
-
On grandfathered lots that have no buildable area due to the presence of wetlands, you must apply to Maryland Department of the Environment for approval, and present a copy of the approval when applying for the Critical Area variance. The variance must be obtained prior to applying for a building permit.
-
Development in the Critical Area is required to replace any and all trees that are removed, regardless of the size.
-
Development on lots in the RCA and LDA may not exceed 15% in impervious surface areas. The percentage is multiplied by the size of the parcel minus the area of State tidal wetlands contained within the property's boundaries.
-
Protection zones are required for rare, threatened, and endangered species if the Maryland Wildlife and Heritage Service determines these species or their habitats are present on or near your property.
Back to Top
