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Mandated DisclosuresEnvironmental_disclosuresHARD

A developer proposes to build a new residential subdivision on land located 800 feet from a tidal creek that flows into the Chesapeake Bay in Calvert County, Maryland. The developer's agent is assisting with pre-sale marketing of the lots. Which of the following most accurately describes the agent's disclosure obligations and the regulatory environment affecting the project?

Correct Answer

D) The agent must disclose the lots' Critical Area status to prospective buyers, and the development is subject to strict regulations on impervious surfaces, buffer requirements, and vegetation removal under the Chesapeake Bay Critical Area Act

Under the Chesapeake Bay Critical Area Act (Md. Code Ann., Nat. Res. §§ 8-1801 et seq.), any property within 1,000 feet of the Chesapeake Bay or its tidal tributaries — including tidal creeks — falls within the Critical Area. At 800 feet from a tidal creek, these lots are squarely within the Critical Area. The agent has an affirmative disclosure obligation to inform prospective buyers of the Critical Area designation. The development itself is subject to strict regulations including limitations on impervious surface coverage, mandatory vegetative buffers, and restrictions on clearing vegetation. These obligations apply to land sales and new development, not just existing structures.

Answer Options
A
The agent's disclosure obligation is limited to providing a standard Maryland Residential Property Disclosure form, which covers all environmental conditions including Critical Area status
B
The agent has no disclosure obligation because the development has not yet been built, and Critical Area restrictions apply only to existing structures being sold
C
The agent must disclose only that the property is located in a flood zone, as FEMA flood mapping is the primary regulatory concern for properties near tidal waterways in Maryland
D
The agent must disclose the lots' Critical Area status to prospective buyers, and the development is subject to strict regulations on impervious surfaces, buffer requirements, and vegetation removal under the Chesapeake Bay Critical Area Act

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Related Topics & Key Terms

Key Terms:

chesapeake_baycritical_areaenvironmental_disclosuresnew_developmentagent_disclosure_obligations
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