reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.01 - Buffer Management Plans

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Accessory" means a structure that is:
(a) Detached from a principal structure;
(b) Located on the same lot as the principal structure; and
(c) Customarily incidental and subordinate to the principal structure.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.01-1 - Buffer Establishment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) The requirements of this regulation are applicable to:
(a) A development or redevelopment activity that occurs on a lot or parcel that includes a buffer to tidal waters, a tidal wetland, or a tributary stream if that development or redevelopment activity is located outside the buffer; and
(b) The approval of a subdivision that includes a buffer to tidal waters, a tidal wetland, or a tributary stream.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.01-2 - Mitigation and Planting Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. The requirements of this regulation are applicable to a development or redevelopment activity that occurs on a lot or parcel that includes a buffer to tidal waters, a tidal wetland, or a tributary stream when that development or redevelopment activity is located inside the buffer.
B. As applicable to a site, a local jurisdiction shall require that a buffer management plan in accordance with Regulation .01-3 of this chapter satisfy the planting and mitigation standards of this regulation and satisfy the buffer establishment standards required under Regulation .01-1 of this chapter so as to:
(1) Prohibit the installation or cultivation of new lawn or turf on-site in the buffer;
(2) Ensure the planting of native species in compliance with the amounts specified under §§C, D, H, J, and K of this regulation;
(3) Ensure coverage of the buffer with mulch or native ground cover or both until buffer plantings are established; and
(4) Ensure plantings are distributed throughout the buffer to provide optimum habitat and water quality benefits.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.01-3 - Buffer Management Plans

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation do not apply to maintenance of an existing grass lawn or an existing garden in the buffer.
B. A local jurisdiction shall require an applicant proposing a development activity to submit a buffer management plan if:
(1) The establishment of the buffer is required in accordance with Regulation .01-1 of this chapter; or
(2) Disturbance to the buffer will result from the issuance of an authorization, including a:
(a) Variance;
(b) Subdivision approval;
(c) Site plan approval;
(d) Local approval of a shoreline stabilization measure, as authorized by the Board of Public Works or the Department of the Environment;
(e) Building permit;
(f) Grading permit;
(g) Special exception; or
(h) Permit by a local health department for the installation, repair, or replacement of a septic system.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.01-4 - Natural Regeneration Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation are:
(1) Applicable to a buffer management plan that includes natural regeneration; and
(2) In addition to the requirements under Regulation .01-3 of this chapter.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.01-5 - Fee In Lieu of Buffer Mitigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local jurisdiction shall collect a fee in lieu of buffer mitigation if the planting requirements under Regulation .01-2 of this chapter cannot be met.
B. A local jurisdiction shall:
(1) Calculate the square footage of mitigation due in accordance with Regulation .01-2 of this chapter;
(2) Except as provided under §C of this regulation, collect at least $1.50 per square foot of mitigation required;
(3) Establish a special fund, which may not revert to the jurisdiction's general fund, for the collection of the fee in lieu of buffer mitigation; and
(4) Use money from that fund only:
(a) To establish the buffer on sites where planting is not a condition of development or redevelopment; or
(b) For water quality and habitat enhancement projects, as described in a local Critical Area program approved by the Commission or in an agreement between the local jurisdiction and the Commission.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.01-6 - Agricultural Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation may not be construed to require a buffer or a vegetated filter strip for an agricultural drainage ditch, if the adjacent agricultural land has in place a soil conservation and water quality plan as required in COMAR 27.01.06.03.
B. Agriculture is authorized in the buffer, if, as a minimum agricultural best management practice, a vegetated filter strip of at least 25 feet, measured landward from the mean high water line of tidal waters or tributary streams or from the edge of tidal wetlands, whichever is further inland, is established, and if:
(1) The filter strip is composed of trees, shrubs, grass, or mixed vegetation and is managed as to provide water quality benefits and habitat protection consistent with the policies stated in Regulation .01 of this chapter. Noxious weeds, including Johnson grass, Canada thistle, and other invasive plants, such as multiflora rose, which occur in the filter strip, may be controlled by authorized means;
(2) The filter strip is expanded by a distance of 4 feet for every 1 percent of slope, for slopes greater than 6 percent;
(3) The filter strip is maintained until the landowner is implementing, under a soil conservation and water quality plan, a program of agricultural best management practices for the specific purposes of improving water quality and protecting plant and wildlife habitat, and if the portion of the soil conservation and water quality plan being implemented achieves the water quality and habitat protection objectives of the filter strip;
(4) The feeding or watering of livestock does not occur within 50 feet of the mean high water line of tidal water and tributary streams or from the edge of tidal wetlands, whichever is further inland;
(5) Clearing of existing natural vegetation in the buffer is prohibited; and
(6) Agricultural activities, including the grazing of livestock, do not disturb stream banks, tidal shorelines, or other habitat protection areas covered, as applicable, in this chapter.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.01-7 - Tree Clearing and Timber Harvesting

Current through Register Vol. 51, No. 14, July 12, 2024
A. The buffer shall be managed to achieve or enhance the functions stated in Regulation .01 of this chapter. Cutting or clearing of trees within the buffer shall be prohibited except that commercial harvesting of trees by selection or by the clearcutting of loblolly pine and tulip poplar may be permitted to within 50 feet of the landward edge of the mean high water line of tidal waters and perennial tributary streams, or the edge of tidal wetlands if:
(1) This cutting does not occur in the habitat protection areas described in COMAR 27.01.09.02A, .03, .04, and .05; and
(2) The cutting is conducted pursuant to the requirements of COMAR 27.01.05 and in conformance with a buffer management plan prepared by a registered, professional forester and approved by the Forestry Programs and the Fish, Heritage and Wildlife Administration of the Department of Natural Resources.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.01-8 - Modified Buffer Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. As part of the local Critical Area program to be submitted to the Commission, a local jurisdiction may request a modification to the minimum requirements applicable in the buffer where it can be sufficiently demonstrated that the existing pattern of residential, industrial, commercial, institutional, or recreational development in the Critical Area prevents the buffer from fulfilling the functions stated in Regulation .01 of this chapter.
B. A local jurisdiction shall require mitigation for a development activity within an area mapped as a modified buffer area.
C. A local jurisdiction may propose other measures for achieving the water quality and habitat protection objectives of the policies, including public education and urban forestry programs.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.02 - Nontidal Wetlands

Current through Register Vol. 51, No. 14, July 12, 2024
The provisions of COMAR 26.23.01 apply to nontidal wetlands in the Critical Area. A person conducting a regulated activity within nontidal wetlands in the Critical Area shall obtain a permit from the Department of the Environment. Nothing in this regulation may be interpreted as altering any requirements for development activities set out in this subtitle.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.03 - Threatened and Endangered Species and Species in Need of Conservation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Repealed
B. Policy. In developing and updating its Critical Area program, a local jurisdiction shall provide protection for threatened and endangered species, species in need of conservation, and their habitats in the Critical Area.
C. Criteria. In developing and updating its Critical Area program, a local jurisdiction shall use the following criteria:
(1) Protection of the habitats of threatened and endangered species and species in need of conservation in cooperation -with the expertise of the Department of Natural Resources and other appropriate public agencies and private organizations.
(2) These programs shall consist of at least one of the following elements:
(a) Designation of a protection area around each of the habitats occurring in the jurisdiction within which development and other disturbances shall be prohibited, unless it can be shown that the development or disturbance will not have or cause adverse impacts on these habitats; or
(b) Protection of the habitats of threatened and endangered species and species in need of conservation by means of acquisition, conservation easements, cooperative agreements with landowners, special provisions in forest management and soil conservation plans, or other methods approved by the Commission
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.04 - Plant Habitat and Wildlife Habitat

Current through Register Vol. 51, No. 14, July 12, 2024
A. Repealed
B. Policies. In developing and updating its Critical Area program, a local jurisdiction shall:
(1) Conserve plant and wildlife habitats in the Critical Area;
(2) Protect plant and wildlife habitats that tend to be least abundant or which may become less abundant in the future if current land use trends continue;
(3) Protect plant and wildlife habitats which are required to support the continued presence of species protected under the provisions of Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, and this title;
(4) Protect plant and wildlife habitats which are determined to be locally significant habitats; and
(5) Protect natural heritage areas.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.09 - Habitat Protection Areas in the Critical Area › Section 27.01.09.05 - Anadromous Fish Propagation Waters

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition. "Anadromous fish propagation waters" means those streams that are tributary to the Chesapeake Bay where spawning of anadromous species of fish (e.g., rockfish, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are designated by the Tidewater Administration. For purposes of this regulation, "streams" refers to designated anadromous fish propagation waters within the Critical Area.
B. Policies. In developing their Critical Area programs, local jurisdictions shall use the following policies with regard to anadromous fish:
(1) Protect the instream and streambank habitat of anadromous fish propagation waters;
(2) Promote land use policies and practices in the watershed of spawning streams within the Critical Area which will minimize the adverse impacts of development on the water quality of the streams; and
(3) Provide for the unobstructed movement of spawning and larval forms of anadromous fish in streams.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.10 - Directives for Local Program Development › Section 27.01.10.01 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
In developing and updating its Critical Area program, a local jurisdiction shall use the following general program criteria:
A. In accordance with the following requirements, each jurisdiction shall inventory or map, or both, or identify the most recently completed inventory or map, or both, of a federal or State agency in order to monitor the natural resources and resource-based uses located within its Critical Area:
(1) The inventory shall include:
(a) Agricultural lands;
(b) Nontidal wetlands;
(c) Tidal wetlands;
(d) Forest resources;
(e) Sand and gravel resources;
(f) Tributary streams;
(g) Known habitats of threatened and endangered species, and species in need of conservation;
(h) The watersheds of anadromous fish propagation waters;
(i) Plant and wildlife habitats;
(j) Steep slopes; and
(k) Soils with development constraints; and
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.11 - Directives for Updating Critical Area Maps › Section 27.01.11.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Department of Natural Resources.
(2) "Final approved map" means the locally approved map that has been approved by the Commission.
(3) "Initial map update" means the first time after 2008 that a local jurisdiction, working cooperatively with the Department, the Department of the Environment, and the Commission in accordance with the provisions of this chapter, develops a map of the local jurisdiction's Critical Area that is based on the aerial photography obtained in 2007-2008 during the development of the Statewide Base Map.
(4) "Locally approved map" means the summary draft map that has been approved by the local jurisdiction.
(5) "Summary draft map" means the map that is transferred from the Commission to the local jurisdiction for formal review and approval.
(6) Unclassified Wetland.
(a) "Unclassified wetland" means an area of wetlands that at the time of original mapping was not classified as an intensely developed area, a limited development area, or a resource conservation area.
(b) "Unclassified wetland" includes a transitional area of mud flats, marsh hummocks, and eroding wetlands that was not originally classified at the time of original mapping and may have moved or been reconfigured due to natural tidal conditions.
(7) "Working draft map" means a map of a local jurisdiction's Critical Area that is based on the aerial photography obtained in 2007"2008 during the development of the Statewide Base Map, as modified during the course of review by the Department, the Commission, or the local jurisdiction.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.11 - Directives for Updating Critical Area Maps › Section 27.01.11.02 - Construction of this Chapter

Current through Register Vol. 51, No. 14, July 12, 2024
The mapped shoreline and landward boundary of tidal wetlands shown on a working draft map, a summary draft map, a locally approved map, or a final approved map of the Critical Area may not be construed to represent an official wetland delineation or change a statutory provision under Environment Article, Title 16, Annotated Code of Maryland, a regulatory provision under COMAR Title 26, Subtitle 24, or any other provision related to a project-specific wetland delineation that may be necessary and appropriate.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.11 - Directives for Updating Critical Area Maps › Section 27.01.11.03 - Source Data Authorized for the Update of a Critical Area Map

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to update maps of the Critical Area, the Department and the Commission shall use the best available source information, including:
(1) 2007 or 2008 true color imagery or any other imagery determined appropriate by the Department and the Commission;
(2) Rectified 1972 State Tidal Wetlands maps;
(3) 2007 or 2008 color infrared imagery or any other imagery determined appropriate by the Department and the Commission;
(4) Local topographic data;
(5) Light Detection and Ranging data;
(6) Mapping resources of a local jurisdiction;
(7) Soils data; or
(8) Topographic maps of the United States Geological Survey Standard Series.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.11 - Directives for Updating Critical Area Maps › Section 27.01.11.04 - Mapping Methodology for the Assessment of Physical Features

Current through Register Vol. 51, No. 14, July 12, 2024
A. Using the source information under Regulation .03 of this chapter, the Department and the Commission shall digitize the shoreline and the edge of tidal wetlands.
B. The Department and the Commission shall determine the location of the shoreline by remote sensing and an evaluation of:
(1) The location of vertical shoreline structures;
(2) The location of water at the time of image capture;
(3) An estimate of the high tide limit, based on photo interpretation and collateral data; and
(4) On sandy beaches, the location of a debris line or the wettest land.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.11 - Directives for Updating Critical Area Maps › Section 27.01.11.05 - Mapping Methodology for Critical Area Classifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department, the Commission, and the local jurisdiction shall:
(1) In accordance with the standards under Regulation .04 of this chapter and in cooperation with the Department of the Environment, review the digitized shoreline and the landward edge of tidal wetlands that are indicated on the working draft map;
(2) Where applicable, use the existing Critical Area classification for an area shown on the working draft map that was previously included within the Critical Area;
(3) In accordance with the standards under §B of this regulation, assign a Critical Area classification to an area that is newly included in the Critical Area on the working draft map; and
(4) Work cooperatively to apply the provisions of this chapter to the working draft map and resolve any conflict that may arise.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.11 - Directives for Updating Critical Area Maps › Section 27.01.11.06 - Process for Approval of an Updated Critical Area Map

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon completion of a local jurisdiction's review of a working draft map, including its proposed critical area classifications for all areas newly included in the Critical Area, the Department and the Commission shall incorporate all necessary revisions and prepare a summary draft map for the local jurisdiction.
B. The Department and the Commission shall deliver to the local jurisdiction a summary draft map of that jurisdiction's Critical Area that:
(1) Identifies the shoreline and landward boundary of tidal wetlands by use of the most recent aerial imagery or the best available aerial imagery of comparable scale; and
(2) Ensures that the 1,000-foot Critical Area boundary is accurate to a scale of 1 inch equals 100 feet.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.11 - Directives for Updating Critical Area Maps › Section 27.01.11.07 - Periodic Review of a Local Critical Area Map

Current through Register Vol. 51, No. 14, July 12, 2024
A. Beginning with the date on which the Department and the Commission delivered a summary draft map to a local jurisdiction under Regulation .06B of this chapter, at least once every 12 years thereafter:
(1) The Department, the Commission, and the local jurisdiction shall conduct a review of the local Critical Area map; and
(2) The local jurisdiction shall submit any proposed map updates to the Commission for approval.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.12 - Variances › Section 27.01.12.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, "unwarranted hardship" means that, without a variance, an applicant shall be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.12 - Variances › Section 27.01.12.02 - Local Program Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local jurisdiction shall include standards and procedures in its local Critical Area program for the granting of a variance to the provisions of Title 8, Subtitle 18, Natural Resources Article, Annotated Code of Maryland, COMAR 27.01, and its local program requirements.
B. A local jurisdiction may establish additional, more restrictive standards for the granting of a variance consistent with the intent and purposes of this subtitle and the approved local Critical Area program.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.12 - Variances › Section 27.01.12.03 - Standing

Current through Register Vol. 51, No. 14, July 12, 2024
In accordance with Natural Resources Article, §
									8-1808(d)(2), Annotated Code of Maryland, if a person meets the threshold standing requirements under federal law, the person shall have standing to participate as a party in a local administrative proceeding.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.12 - Variances › Section 27.01.12.04 - Variance Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A local jurisdiction may not grant a variance unless the local jurisdiction makes written findings based on competent and substantial evidence that:
A. In accordance with Natural Resources Article, §
									8-1808(d)(3)(ii), Annotated Code of Maryland, an applicant has overcome the presumption that the specific development activity for which the variance is required does not conform with the general intent of the local jurisdiction's program; and
B. The applicant has satisfied each of the following variance provisions:
(1) Due to special features of the site or special conditions or circumstances peculiar to the applicant's land or structure, a literal enforcement of the local Critical Area program would result in an unwarranted hardship to the applicant;
(2) A literal interpretation of the local Critical Area program would deprive the applicant of a use of land or a structure permitted to others in accordance with the provisions of the local Critical Area program;
(3) The granting of the variance would not confer upon the applicant any special privilege that would be denied by the local Critical Area program to other lands or structures in accordance with the provisions of the local Critical Area program;
(4) The variance request is not based upon conditions or circumstances that are the result of actions by the applicant;
(5) The variance request does not arise from any conforming or nonconforming condition on any neighboring property;
(6) The granting of the variance would not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the jurisdiction's local Critical Area; and
(7) The granting of the variance would be in harmony with the general spirit and intent of the Critical Area law, the regulations in this subtitle, and the local Critical Area program.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.12 - Variances › Section 27.01.12.05 - Variance Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. With due regard for a person's experience, technical competence, and specialized knowledge, a local jurisdiction may base its written findings required in Regulation .04 of this chapter on evidence introduced and testimony presented by:
(1) The applicant;
(2) The local jurisdiction or another government agency; or
(3) A person deemed appropriate by the local jurisdiction.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.12 - Variances › Section 27.01.12.06 - After-the-Fact Variance Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local jurisdiction may not accept an application for a variance to legalize a violation of this subtitle, including an unpermitted structure or other development activity, until the local jurisdiction;
(1) Issues a notice of violation; and
(2) Assesses an administrative or civil penalty for the violation.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.12 - Variances › Section 27.01.12.07 - Variance Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person with standing under Regulation .03 of this chapter may:
(1) Participate as a party in an administrative proceeding at a board of appeals even if the person was not a party to the original administrative proceeding; and
(2) Petition for judicial review and participate as a party even if the person was not a party to the action which is the subject of the petition.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.13 - Nonwater-Dependent Projects › Section 27.01.13.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, "nonwater-dependent project" means a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private wetlands.
B. "Nonwater-dependent project" includes:
(1) A dwelling unit on a pier;
(2) A restaurant, a shop, an office, or any other commercial building or use on a pier;
(3) A temporary or permanent roof or covering on a pier;
(4) A pier used to support a nonwater-dependent use; and
(5) A small-scale renewable energy system on a pier, including:
(a) A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment;
(b) A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and
(c) A wind energy system and its wind turbine, tower, base, or other necessary equipment.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.13 - Nonwater-Dependent Projects › Section 27.01.13.02 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
The provisions of this chapter do not apply to a nonwater-dependent project located on State or private wetlands within the Critical Area in Prince George's County.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.13 - Nonwater-Dependent Projects › Section 27.01.13.03 - General Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
Except as provided under Natural Resources Article, §
									8-1808.4, Annotated Code of Maryland, and Regulations .04 - .06 of this chapter and notwithstanding any other provision of law, on or after July 1, 2013:
A. A person may not construct or establish a nonwater-dependent project on State or private wetlands within the Critical Area; and
B. A local jurisdiction may not issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project constructed or established on State or private wetlands within the Critical Area.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.13 - Nonwater-Dependent Projects › Section 27.01.13.04 - Authorization of a Nonwater-Dependent Project; Local Program Amendments; Local Options

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the prohibition under §E of this regulation, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project on State or private wetlands within the Critical Area if, on or after July 1, 2013, the Commission has approved a local program amendment covering the project, which may include a process for the retroactive consideration of the project.
B. Subject to the prohibition under §E of this regulation, the Commission may approve a local program amendment regarding a nonwater-dependent project if the project:
(1) Satisfies the requirements of:
(a) A commercial nonwater-dependent project under Regulation .05 of this chapter; or
(b) A small-scale renewable energy system under Regulation . 06 of this chapter; or
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.13 - Nonwater-Dependent Projects › Section 27.01.13.05 - Criteria for a Commercial Nonwater-Dependent Project

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the requirements established under Regulation .04 of this chapter, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project located on State or private wetlands within the Critical Area if the project:
A. Involves a commercial activity that:
(1) Is permitted as a secondary or accessory use to a permitted primary commercial use;
(2) Is not located on a pier that is attached to residentially, institutionally, or industrially used property;
(3) Is located in:
(a) An intensely developed area; or
(b) An area that has been excluded from a local Critical Area program, if the exclusion has been approved by the Commission;
(4) Is approved by the local planning and zoning authorities;
(5) Allows or enhances public access to State wetlands, if applicable;
(6) Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;
(7) Has a height of up to 18 feet, unless the project is located at a marina; and
(8) Is up to 1,000 square feet in total area; or
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.13 - Nonwater-Dependent Projects › Section 27.01.13.06 - Criteria for a Small-Scale Renewable Energy System

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the requirements established under Regulation .04 of this chapter, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project for a small-scale renewable energy system on a pier located on State or private wetlands within the Critical Area if the project:
A. Is permitted as a secondary or accessory use on a pier that is authorized under Environment Article, Title 16, Annotated Code of Maryland;
B. Is located in:
(1) The Critical Area; or
(2) An area that has been excluded from local Critical Area program, if the exclusion has been approved by the Commission;
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.13 - Nonwater-Dependent Projects › Section 27.01.13.07 - Penalties and Injunctive Relief

Current through Register Vol. 51, No. 14, July 12, 2024
A person that violates Regulation .03A of this chapter shall be subject to all penalties and injunctive relief applicable under:
A. Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland;
B. COMAR Title 27; and
C. The enforcement procedures adopted under the local program of the jurisdiction in which the violation occurred.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.14 - Renewable Energy Generating Systems › Section 27.01.14.02-1 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. To ensure compliance with the requirements of this chapter for a major solar energy generating system in a resource conservation area, a local jurisdiction shall require a site plan that addresses the requirements of COMAR 27.02.07 and includes the following:
(1) Calculations of any required reservation of resource conservation area density development rights; and
(2) The identification and location of property restrictions including the boundary and area of a conservation easement, restrictive covenant, or other protective instrument.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.14 - Renewable Energy Generating Systems › Section 27.01.14.02 - Authority of the Public Service Commission; Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this chapter may not be construed to limit the authority of the Public Service Commission under Public Utilities Article, § 7-207, Annotated Code of Maryland.
B. The requirements of this chapter are applicable to major, minor, and small residential accessory solar energy generating systems.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.14 - Renewable Energy Generating Systems › Section 27.01.14.03 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. On or after April 1, 2021, a local jurisdiction may authorize:
(1) A major or minor solar energy generating system within the Critical Area in accordance with Regulation .04 of this chapter;
(2) A major solar energy generating system in the resource conservation area without growth allocation in accordance with Regulation .05 of this chapter; and
(3) A small residential accessory solar energy generating system in the buffer or in a modified buffer area if:
(a) There is not an alternative location outside the buffer;
(b) The lot is 1/4 acre or less in size and created before local program approval; and
(c) Provided mitigation is required at a 1:1 ratio.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.14 - Renewable Energy Generating Systems › Section 27.01.14.04 - Criteria for a Solar Energy Generating System

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for a small residential accessory solar energy generating system as provided in Regulation .03 of this chapter, the provisions of this regulation are applicable to a major and minor solar energy generating system in an intensely developed area, a limited development area, and a resource conservation area.
B. A local jurisdiction shall not count the area of a solar panel as lot coverage and:
(1) For a minor solar energy generating system, the solar panel is:
(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §
											8-1808.3, Annotated Code of Maryland; or
(b) Elevated above the ground and the area under the solar panel is maintained as an area of existing grass, established grass, or other natural vegetation, or as an agricultural use; and
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.14 - Renewable Energy Generating Systems › Section 27.01.14.05 - Criteria for a Major Solar Energy Generating System in the Resource Conservation Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the requirements of this regulation, a local jurisdiction shall also apply the standards under Regulation .04 of this chapter when authorizing a major solar energy generating system in the resource conservation area.
B. Except for access allowed in accordance with Regulation .04C of this chapter and in accordance with the provisions in COMAR 27.01.06, a local jurisdiction shall restrict forest clearing within 300 feet beyond the landward boundary of tidal waters or tidal wetlands, or the edge of each bank of a tributary stream.
C. In addition to any applicable local land recordation requirements, a local jurisdiction shall record a Reservation of Resource Conservation Area Density Rights Agreement in accordance with §§D and E of this regulation.
D. The number of density rights reserved is equal to:
(1) The permitted density associated with the project area of each parcel as calculated under Natural Resources Article, §
										8-1808.1(e), Annotated Code of Maryland, and COMAR 27.01.02.05C(4); and
(2) The number of density rights that are attributable to the project area, with a minimum of one density right reserved.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.14 - Renewable Energy Generating Systems › Section 27.01.14.06 - Planting Plan Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Based on the constraints and opportunities presented by a project area, a local jurisdiction shall select from the following options to address the requirements for a planting plan in Regulation .04D and F of this chapter:
(1) Plant on-site in one of the following planting areas:
(a) The area within 300 feet beyond the landward boundary of tidal waters or tidal wetlands, or the edge of each bank of a tributary stream;
(b) Contiguous to or within a designated forest interior dwelling bird habitat; or
(c) A wildlife corridor;
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT › Chapter 27.01.14 - Renewable Energy Generating Systems › Section 27.01.14.07 - Fee In Lieu

Current through Register Vol. 51, No. 14, July 12, 2024
A local jurisdiction shall:
A. Collect at least $1.50 per square foot of mitigation as required in Regulation .06 of this chapter;
B. Ensure the fee is adequate to cover the cost associated with administration, acquisition, planting, monitoring, and maintenance for the required mitigation or required planting requirements of Regulation .04D and F of this chapter;
C. Establish a separate account independent of other Critical Area funds, which may not revert to a local jurisdiction's general fund, for the collection of the fee in lieu;
D. Prohibit the use of the fees to meet other landscaping requirements; and
E. Use the fees to accomplish:
(1) Off-site plantings in accordance with the options provided in Regulation .06A(1) of this chapter; or
(2) Other water quality and habitat enhancement projects provided in Regulation .06A(2) of this chapter, and as described in a local Critical Area program approved by the Commission or in an agreement between the local jurisdiction and the Commission.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 02 - DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS › Chapter 27.02.02 - State and Local Agency Actions Resulting in Development of Local Significance on Private Lands or Lands Owned by Local Jurisdictions › Section 27.02.02.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
"Local significance" means development of a minor scale which:
A. Causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which the development is located;
B. Does not substantially affect the Critical Area program of the local jurisdiction; and
C. Is not considered by the Commission as major development as defined in COMAR 27.02.04.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 02 - DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS › Chapter 27.02.02 - State and Local Agency Actions Resulting in Development of Local Significance on Private Lands or Lands Owned by Local Jurisdictions › Section 27.02.02.02 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. Development of local significance on private land or lands owned by local jurisdictions, which is caused by State or local agency actions, shall be consistent with the provisions and requirements of the Critical Area program of the local jurisdiction within which the development is proposed.
B. Before initiating or approving these actions, the State or local agency shall obtain certification from the appropriate agency within the local jurisdiction that the actions are consistent with the local Critical Area program. A description of the proposed development and the request for local certification shall be submitted to the Commission.
C. If the Commission determines that the proposed development is major development as defined in COMAR 27.02.04, then the Commission will review, and may give approval to, the projects according to the provisions of that chapter. The Commission shall notify a local jurisdiction within 15 days of receipt of the request for local certification if it determines that the project is a major development.
D. Copies of the local jurisdiction's approval or denial of certification shall be filed with the Commission.
E. If a local jurisdiction denies certification, then the proposed development may not occur. However, State agencies may appeal denials to the Commission according to the procedures set forth in COMAR 27.02.08.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 02 - DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS › Chapter 27.02.03 - General Approval of State and Local Agency Programs Which Result in Development of Local Significance on Private Lands or Lands Owned by Local Jurisdictions › Section 27.02.03.01 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. Rather than obtaining certification for an individual project or action, as provided in COMAR 27.02.02, a State or local agency may seek a general approval from the Commission for a program or class of activities that will result in development of local significance in the Critical Area, such as forest management plans and soil conservation and water quality plans.
B. Agencies wishing to apply for general approval shall submit the following information to the Commission:
(1) A description of the program or class of activities;
(2) An assessment of the extent to which development resulting from the program or class of activities will be consistent with the criteria described in COMAR 27.01; and
(3) A proposed process by which the program or class of activities could be so conducted as to conform with the requirements of COMAR 27.01.