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Marcus is listing a waterfront cottage on the Patuxent River for his client, Sandra. The property is located within the Chesapeake Bay Critical Area and sits in a Resource Conservation Area (RCA). Sandra wants to know if she can clear a large section of trees near the water to improve the view before listing the property. What should Marcus advise?

Correct Answer

D) Sandra should consult with the local jurisdiction before clearing trees, as RCA classification imposes strict limits on vegetation removal within the Critical Area buffer.

Within the Chesapeake Bay Critical Area, particularly in a Resource Conservation Area (RCA), vegetation removal is strictly regulated. The Critical Area Act requires local jurisdictions to establish and enforce buffer requirements that protect water quality by limiting disturbance of natural vegetation near the shoreline. Clearing trees without the appropriate local permit can result in significant penalties and mandatory restoration requirements. Marcus should advise Sandra to consult with the local planning or zoning authority before undertaking any vegetation removal.

Answer Options
A
Sandra may clear the trees only if she obtains a permit from the Maryland Real Estate Commission authorizing the removal.
B
Sandra may clear the trees without restriction because waterfront property owners have an absolute right to maintain unobstructed water views.
C
Sandra may clear the trees freely because the property is privately owned and the Critical Area Act does not restrict vegetation removal on private land.
D
Sandra should consult with the local jurisdiction before clearing trees, as RCA classification imposes strict limits on vegetation removal within the Critical Area buffer.

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Related Topics & Key Terms

Key Terms:

chesapeake_baycritical_areaRCAvegetation_removalbuffer_requirementsagent_advice

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