FINAL ACTION ON REGULATION 

1555 

MARYLAND REGISTER, VOL. 37, ISSUE 22, FRIDAY, OCTOBER 22, 2010 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 05 BOARD OF WELL 

DRILLERS 

26.05.02 Payment of Fees 

Authority: Environment Article, §13-207, Annotated Code of Maryland 

Notice of Final Action 

[10-017-F] 

On September 29, 2010, the Secretary of the Environment adopted 

amendments to Regulation .10 under COMAR 26.05.02 Payment of 

Fees. This action, which was proposed for adoption in 37:2 Md. R. 

103—104 (January 15, 2010), has been adopted as proposed. 

Effective Date: November 1, 2010. 

SHARI T. WILSON 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.19 Volatile Organic Compounds from 

Specific Processes 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Final Action 

[10-177-F] 

On September 24, 2010, the Secretary of the Environment adopted 

amendments to Regulation .06 under COMAR 26.11.19 Volatile 

Organic Compounds from Specific Processes. This action, which 

was proposed for adoption in 37:14 Md. R. 964-966 (7/2/10), has 

been adopted as proposed. 

Effective Date: November 1, 2010. 

SHARI T. WILSON 

Secretary of the Environment 

Title 27 

CRITICAL AREA 

COMMISSION FOR THE 

CHESAPEAKE AND 

ATLANTIC COASTAL BAYS 

Subtitle 01 CRITERIA FOR LOCAL 

CRITICAL AREA PROGRAM 

DEVELOPMENT 

Notice of Final Action 

[10-236-F] 

On October 6, 2010, the Critical Area Commission for the 

Chesapeake and Atlantic Coastal Bays adopted amendments to: 

(1) Regulation .01 under COMAR 27.01.01 General 

Provisions; 

(2) Regulation .04 under COMAR 27.01.02 Development in 

the Critical Area; and 

(3) Regulation .01 under COMAR 27.01.05 Forest and 

Woodland Protection. 

This action, which was proposed for adoption in 37:17 Md. R. 

1195—1196 (August 13, 2010), has been adopted with the 

nonsubstantive changes shown below. 

Effective Date: November 1, 2010. 

Attorney General’s Certification 

In accordance with State Government Article, §10-113, Annotated Code 

of Maryland, the Attorney General certifies that the following changes do not 

differ substantively from the proposed text. The nature of the changes and the 

basis for this conclusion are as follows: 

COMAR 27.01.01.01B: As originally proposed this provision lacked a 

definition of the term “tree”. Therefore, the Critical Area Commission has 

decided to cross reference the definition of tree found in the Natural Resources 

Article, §5-1601, Annotated Code of Maryland. This addition responds to 

public comment that requested a definition of “tree”. Furthermore, the 

definition of tree has existed in the Natural Resources Article for over 20 years 

and does not change the application of the existing and proposed regulations. 

COMAR 27.01.05.01C: As originally proposed this provision amended 

the policy for forests and developed woodlands to make goals consistent and 

to clarify that the removal of trees associated with the development of a 

structure or lot coverage will require mitigation. The Critical Area 

Commission Program Subcommittee and Critical Area staff were concerned 

about whether the clearing of “individual trees” would be problematic for 

local governments. However, the Critical Area Commission has determined 

that the proposed language did not meet the intended goal. Therefore, the 

Critical Area Commission has decided to remove the provisions and restore 

the existing language. The changes are less restrictive than originally 

proposed. 

27.01.01 General Provisions 

Authority: Natural Resources Article, §8-1806, Annotated Code of Maryland 

.01 Definitions. 

A. (proposed text unchanged) 

B. Terms Defined. 

(1) — (71) (proposed text unchanged) 

(71-1) “Tree” has the meaning stated in Natural Resources 

Article, §5-1601, Annotated Code of Maryland. 

(72) — (78) (proposed text unchanged) 

27.01.05 Forest and Woodland Protection 

Authority: Natural Resources Article, §8-1806, Annotated Code of Maryland 

.01 Policies. 

In developing their Critical Area programs, local jurisdictions 

shall follow these policies in regard to forest and developed 

woodland protection: 

A. — B. (proposed text unchanged) 

C. Provide that the removal [[clearing]] of trees associated with 

[[a]] development activities shall be minimized and, where 

appropriate, [[activity that includes a structure or lot coverage]]

shall be mitigated [[in accordance with the requirements of COMAR 

27.01.02.04]]; and 

D. (proposed text unchanged) 

MARGARET G. McHALE 

Chair 

Critical Area Commission for the 

Chesapeake and Atlantic Coastal Bays