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Practice Of Real EstateState SpecificHARD

A developer purchases a parcel in Dorchester County that is within the Chesapeake Bay Critical Area and classified as Resource Conservation Area (RCA). Without obtaining any permits, the developer clears 2 acres of forest and grades the land in preparation for a housing subdivision. Which of the following best describes the likely legal consequences under Maryland's Critical Area framework?

Correct Answer

D) The developer may be subject to civil penalties, a stop-work order, and mandatory reforestation or restoration of the disturbed area under Critical Area enforcement provisions.

Unauthorized clearing, grading, and development within the Chesapeake Bay Critical Area—especially in an RCA—is a serious violation of the Critical Area Act and local implementing regulations. Md. Code Ann., Natural Resources §§ 8-1801 et seq. authorizes enforcement actions including civil penalties, stop-work orders, and mandatory restoration or reforestation of disturbed areas. The developer cannot proceed without permits, and the unauthorized work exposes the developer to significant legal and financial liability.

Answer Options
A
The developer may proceed with the subdivision because purchasing the land confers the right to develop it without restriction.
B
The developer will only face consequences if the clearing causes measurable water quality degradation in the Bay as documented by the MDE.
C
The developer must pay a one-time mitigation fee to the Critical Area Commission, after which the clearing is retroactively approved.
D
The developer may be subject to civil penalties, a stop-work order, and mandatory reforestation or restoration of the disturbed area under Critical Area enforcement provisions.

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Related Topics & Key Terms

Key Terms:

chesapeake_baycritical_areaRCAenforcementcivil_penaltiesunauthorized_clearingrestorationdorchester_county

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