reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.02 - Licensing Procedures and Fees › Section 26.30.02.09 - License Replacement or Modification

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed
				  marine contractor may obtain a duplicate license to replace a license that has
				  been lost, destroyed, or mutilated if the licensee:
(1) Makes a written request to the Board,
				  and
(2) Pays the license
				  replacement fee to the Board.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.03 - Continuing Education › Section 26.30.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to
				  renew a license, a licensed marine contractor shall submit to the Board
				  satisfactory proof of the completion of at least 12 credit hours of approved
				  continuing education.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.03 - Continuing Education › Section 26.30.03.02 - Approval of Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approved
				  continuing education shall be designed to improve, advance, or extend the
				  licensee's professional skill and knowledge relating to the provision of marine
				  contractor services.
B. The Board
				  shall approve courses for purposes of satisfying the continuing education
				  requirements in Regulation .01 of this chapter, based on the following:
(1) Course objectives;
(2) Course outline;
(3) Training material;
(4) Instructor credentials;
(5) Student evaluation methods and criteria;
				  and
(6) Relevance to the applicable
				  license category.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.03 - Continuing Education › Section 26.30.03.03 - Proof of Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approved
				  continuing education obtained within the appropriate license renewal period
				  shall be credited as provided under Regulation .02E of this chapter.
B. Each licensed marine contractor is
				  responsible for the submission of proof of all approved continuing education to
				  the Board.
C. Proof of continuing
				  education consists of:
(1) Official
				  transcripts from the educational institution;
(2) A certificate or other documentation
				  signed by the instructor or sponsor of the continuing education, attesting to
				  the satisfactory completion of the continuing education; or
(3) Other documentation determined by the
				  Board to be adequate, in light of the nature of the continuing education, to
				  establish that the continuing education was actually received by the licensed
				  marine contractor.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.04 - Disciplinary Action › Section 26.30.04.01 - Denials, Reprimands, Suspensions, and Revocations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to
				  the hearing provisions of Regulation .02 of this chapter, the Board may deny,
				  refuse to renew, suspend, or revoke a license if the applicant or licensed
				  marine contractor:
(1) Performs or solicits
				  to perform marine contractor services without a license;
(2) Unless authorized to perform marine
				  contractor services under this title, represents to the public by title, by
				  description of services, methods, or procedures, or otherwise that the
				  individual or entity is authorized to perform marine contractor services in the
				  State;
(3) Violates a provision of
				  Environment Article, Title 17, Annotated Code of Maryland, or a regulation
				  under this subtitle;
(4)
				  Fraudulently or deceptively obtains or attempts to obtain a license for the
				  licensed marine contractor or for another individual or entity;
(5) Fraudulently or deceptively uses a
				  license;
(6) Commits any gross
				  negligence, incompetence, or misconduct while practicing marine contractor
				  services;
(7) Fails to comply with
				  the terms of a tidal wetlands authorization issued under Environment Article, §
											16-202 or
				  16-307, Annotated Code of
				  Maryland;
(8) Violates any
				  provision of, or regulations adopted under, Environment Article, §
											16-202 or
				  16-307, Annotated Code of
				  Maryland; or
(9) In the Chesapeake
				  and Atlantic Coastal Bays Critical Area, as defined under Natural Resources
				  Article, §
											8-1802, Annotated
				  Code of Maryland, fails to comply with:
(a)
				  The terms of a State or local permit, license, or approval; or
(b) Any State or local law, an approved plan,
				  or other legal requirement.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.04 - Disciplinary Action › Section 26.30.04.02 - Procedures for Disciplinary Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  taking any action pursuant to Regulation .01 of this chapter or COMAR
				  26.28.02.04C(2), the Board shall refer a proposed decision to the Secretary, or
				  their designee, for final approval pursuant to State Government Article, §
										8-205.1, Annotated
				  Code of Maryland. Once a final decision has been made by the Secretary, or
				  their designee, the Board shall give the applicant or licensed marine
				  contractor against whom the action is contemplated notice and the opportunity
				  for contested case hearing.
B. At
				  least 30 days before the hearing, the hearing notice shall be:
(1) Served personally; or
(2) Sent by certified mail, return receipt
				  requested, bearing a postmark from the United States Postal Service, to the
				  last known address of the individual or entity.
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 27.01.01 - General Provisions › Section 27.01.01.02 - Explanation of Certain Terms

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every provision of this subtitle constitutes part of the "criteria for program development" within the meaning and intent of Natural Resources Article, §
									8-1808(d), whether that provision is termed a "definition", "general policy", "policy", or "criteria".
B. Unless the context specifically provides otherwise or construction of the text would be rendered unreasonable, in this subtitle:
(1) All words importing one gender include and apply to the other gender; and
(2) The singular includes the plural and vice versa.
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 27.01.01 - General Provisions › Section 27.01.01.03 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notwithstanding any provision in a local law or ordinance, or the lack of a provision in a local law or ordinance, all of the requirements of this title shall apply to, and be applied by, a local jurisdiction as minimum standards for a local program sufficient to meet the goals of the Critical Area Program.
B. In the event that a provision of this title conflicts with a provision of a local program, the stricter provision applies.
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 27.01.02 - Development in the Critical Area › Section 27.01.02.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, 300-foot setback means an area that is at least 300 feet in width, as measured from the landward boundary of tidal waters or wetlands, that is provided on a growth allocation site in order to provide habitat and stormwater benefits to supplement benefits required in accordance with COMAR 27.01.09.
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 27.01.02 - Development in the Critical Area › Section 27.01.02.01-1 - Introduction

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission is charged with the development of criteria that will accommodate growth, and also provide for the conservation of habitat and the protection of water quality in the Critical Area. In this chapter, criteria are proposed for directing, managing, and controlling development (e.g., residential, commercial, industrial and related facilities) so that the adverse impacts of growth in the Critical Area are minimized. These criteria are based on the general policies found in Regulation .02.
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 27.01.02 - Development in the Critical Area › Section 27.01.02.02 - General Policies

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to recognize already existing land uses and development in the Critical Area, the Commission recognizes these three types of development areas:
(1) Intensely developed areas;
(2) Limited development areas; and
(3) Resource conservation 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 27.01.02 - Development in the Critical Area › Section 27.01.02.03 - Intensely Developed Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Intensely developed areas are those areas where residential, commercial, institutional, and/or industrial, developed land uses predominate, and where relatively little natural habitat occurs. These areas shall have at least one of the following features:
(1) Housing density equal to or greater than four dwelling units per acre;
(2) Industrial, institutional, or commercial uses are concentrated in the area; or
(3) Public sewer and water collection and distribution systems are currently serving the area and housing density is greater than three dwelling units per acre.
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 27.01.02 - Development in the Critical Area › Section 27.01.02.04 - Limited Development Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Limited development areas are those areas which are currently developed in low or moderate intensity uses. They also contain areas of natural plant and animal habitats, and the quality of runoff from these areas has not been substantially altered or impaired. These areas shall have at least one of the following features:
(1) Housing density ranging from one dwelling unit per 5 acres up to four dwelling units per acre;
(2) Areas not dominated by agriculture, wetland, forest, barren land, surface water, or open space;
(3) Areas meeting the conditions of Regulation .03A, but not .03B, of this regulation;
(4) Areas having public sewer or public water, or both.
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 27.01.02 - Development in the Critical Area › Section 27.01.02.05 - Resource Conservation Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Resource conservation areas are those areas characterized by nature-dominated environments (that is, wetlands, forests, abandoned fields) and resource-utilization activities (that is, agriculture, forestry, fisheries activities, or aquaculture). These areas shall have at least one of the following features:
(1) Density is less than one dwelling unit per 5 acres; or
(2) Dominant land use is in agriculture, wetland, forest, barren land, surface water, or open space.
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 27.01.02 - Development in the Critical Area › Section 27.01.02.06 - Growth Allocation - Minimum Local Program Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local jurisdiction shall calculate its growth allocation based on 5 percent of the total resource conservation area in its critical area at the time of original approval of the local jurisdiction's program by the Commission, excluding:
(1) Tidal wetlands; and
(2) Land owned by the federal government.
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 27.01.02 - Development in the Critical Area › Section 27.01.02.06-1 - Growth Allocation Submittal Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission may not accept for processing a growth allocation request unless all of the following are provided at the time of submittal:
(1) All information and documentation relevant to the local jurisdiction's determination that the project meets the standards listed under Natural Resources Article, §
										8-1808.1(c)(2), Annotated Code of Maryland, and Regulation .06-3 of this chapter;
(2) All information and documentation that addresses the factors to be considered by the Commission under Natural Resources Article, §
										8-1808.1(c)(4), Annotated Code of Maryland, and Regulation .06-3 of this chapter;
(3) A conceptual site development plan;
(4) An environmental features map;
(5) In accordance with Regulation .06-2 of this chapter, an environmental report that demonstrates that the project has been designed and will be constructed in compliance with all requirements of the proposed Critical Area land classification;
(6) For the following resources, as appropriate for the project site and each government agency, a preliminary review and comment from the Department of the Environment, Department of Natural Resources, Maryland Historical Trust, and U.S. Army Corps of Engineers regarding:
(a) Threatened and endangered species, and species in need of conservation;
(b) Forest interior dwelling birds and colonial nesting water birds;
(c) Anadromous fish and their propagation waters and other aquatic species located on-site;
(d) Plant and wildlife habitat and waterfowl staging and concentration areas;
(e) Submerged aquatic vegetation;
(f) Riparian forests and tidal and nontidal wetlands; and
(g) Natural heritage areas and other historical and cultural resources;
(7) A map that shows the land area where the local jurisdiction proposes a change to a Critical Area land classification; and
(8) Verification that the amount of proposed growth allocation indicated on the map submitted under §A(7) of this regulation is accurate and equal to the amount of growth allocation to be deducted from the local jurisdiction's existing total allotment of growth allocation.
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 27.01.02 - Development in the Critical Area › Section 27.01.02.06-2 - Environmental Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. The environmental report required under Regulation .06-1A(5) of this chapter shall include:
(1) A project description;
(2) The subdivision and development history:
(a) Between December 1, 1985 and the date of growth allocation application in the Chesapeake Bay Critical Area; and
(b) Between June 1, 2002 and the date of growth allocation application in the Atlantic Coastal Bays Critical Area;
(3) A brief narrative that describes:
(a) The type of project;
(b) The proposed change of Critical Area land classification; and
(c) How the growth allocation would support the jurisdiction's overall planning goals, including reference to the relevant sections of the local jurisdiction's adopted comprehensive plan, water and sewer plan, and adopted zoning ordinance;
(4) Total acreage in the Critical Area and total acreage for which Critical Area designation is proposed to be changed;
(5) Total forest, developed woodland, and vegetated area proposed to be cleared;
(6) Method and description of proposed stormwater management, including all qualitative and quantitative management measures;
(7) In the intensely developed area, the preliminary plan for compliance with the 10 percent pollutant reduction rule, including all worksheets and all supporting documentation;
(8) Measures proposed for soil erosion and sediment control, including implementation strategy;
(9) In the limited development area and resource conservation area, existing and proposed lot coverage information, calculated by square feet of coverage for each lot and total area of lot coverage within the limited development area and total area of lot coverage within the resource conservation area;
(10) Mitigation required for clearing of forest area, developed woodland, or vegetation in accordance with the requirements of Regulations .04C and .05C(9) of this chapter, COMAR 27.01.05, or the local program;
(11) If applicable, the proposed afforestation area:
(a) In the Chesapeake Bay Critical Area, in the limited development area and the resource conservation area; and
(b) In the Atlantic Coastal Bays Critical Area, in all land classifications;
(12) Identification of the local zoning district and that district's defining characteristics;
(13) A buffer management plan, consistent with §B of this regulation if:
(a) It is a condition of development that the buffer be established on the development site;
(b) A proposed development activity impacts the buffer; or
(c) The removal of trees or vegetation in the buffer, including invasive species, is proposed; and
(14) If the proposed development will impact an identified habitat protection area, a habitat protection plan that is consistent with §C of this regulation.
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 27.01.02 - Development in the Critical Area › Section 27.01.02.06-3 - Requirements for New Intensely Developed Areas and Limited Development Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition. In §§E, F, and G(1) of this regulation, "consistency with" or "consistent with" a jurisdiction's adopted comprehensive plan means that a standard or factor will further, and not be contrary to:
(1) For a growth allocation application that is to be located in a priority funding area, in accordance with State Finance and Procurement Article, §§
										5-7B-02 and  5-7B-03, Annotated Code of Maryland, the following items in the plan:
(a) Policies;
(b) Timing of the implementation of the plan;
(c) Timing of development;
(d) Timing of rezoning; and
(e) Development patterns; 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 27.01.02 - Development in the Critical Area › Section 27.01.02.06-4 - Deduction of Growth Allocation Acreage

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Defined Terms.
(a) Deduction means the total number of growth allocation acres that are necessary for approval of a growth allocation project and, after approval by the Commission, are subtracted from the growth allocation reserves of the local jurisdiction in which the project is located.
(b) Growth allocation envelope means all of the proposed components of a growth allocation project that are necessary to serve the proposed development, including an individually owned lot, lot coverage, a road, a utility, a stormwater management measure, an on-site sewage disposal measure, an active recreation area, and additional acreage needed to meet the development requirements of the Critical Area criteria.
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 27.01.02 - Development in the Critical Area › Section 27.01.02.08 - Lot Consolidation and Reconfiguration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition.
(1) In this regulation, the following term has the meaning indicated.
(2) Defined Term-Conforming.
(a) "Conforming" means a parcel or lot that meets all Critical Area requirements.
(b) "Conforming" does not include a parcel or lot:
(i) For which a Critical Area variance is sought or has been issued; or
(ii) That is in the Resource Conservation Area and is less than 20 acres.
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 27.01.03 - Water-Dependent Facilities and Activities › Section 27.01.03.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following term has the meaning indicated.
B. Term Defined - Water-Dependent Facility or Activity.
(1) "Water-dependent facility or activity" means a structure or activity that, by reason of its intrinsic nature or operation or because of its association with an industrial, maritime, recreational, educational, aquaculture, or fishery activity, is dependent on the water and requires location at or near the shoreline or in the buffer.
(2) "Water-dependent facility or activity" includes:
(a) A port;
(b) An intake or outfall structure;
(c) A marina, another boat-docking facility, or a structure or activity that is essential to the operation of the water-dependent facility, structure, or activity;
(d) A fuel pump or other fuel-dispensing equipment on a pier, a sanitary sewage pump or other wastewater removal equipment on a pier, and an office on a pier for managing marina operations, such as monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations;
(e) A public beach and any other public water-oriented recreation area; and
(f) Any other water-dependent facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds.
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 27.01.03 - Water-Dependent Facilities and Activities › Section 27.01.03.01-1 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this chapter are not applicable to:
(1) A private pier that:
(a) Is installed or maintained by a riparian landowner; and
(b) Is not part of a residential project that provides a community pier or other community boat-docking or storage facility under Regulation .07 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 27.01.03 - Water-Dependent Facilities and Activities › Section 27.01.03.02 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
In developing and updating its Critical Area program, a local jurisdiction shall provide design and locational criteria to assure that a water-dependent facility or activity has minimal individual and cumulative impact on water quality and fish, wildlife, and plant habitat in 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 27.01.03 - Water-Dependent Facilities and Activities › Section 27.01.03.03 - General Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
In developing and updating its Critical Area program, a local jurisdiction:
A. In accordance with Natural Resources Article, §
									8-1808.3, Annotated Code of Maryland, and COMAR 27.01.09, shall limit development in the buffer to the minimum lot coverage necessary to accommodate each water-dependent facility or activity;
B. Except as otherwise provided in this chapter, may approve a water-dependent facility or activity in the buffer of an intensely developed area or a limited development area if:
(1) The facility or activity is water-dependent;
(2) The facility or activity meets a recognized private right or public need;
(3) Adverse impacts on water quality and fish, wildlife, and plant habitat are first avoided or, if unavoidable, minimized; and
(4) Insofar as possible, a nonwater-dependent project associated with the water-dependent facility or activity is located outside the buffer;
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 27.01.03 - Water-Dependent Facilities and Activities › Section 27.01.03.04 - General Requirements for the Location of Water-Dependent Facilities or Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation are in addition to the provisions of Regulation .03 of this chapter.
B. In accordance with the provisions of this chapter and in conjunction with, as applicable, the Departments of Agriculture, the Environment, and Natural Resources, and any other appropriate federal or State agency, a local jurisdiction shall develop a plan for the approval of an area as suitable for the location of a new or expanded water-dependent facility or activity.
C. In developing the plan required under §B of this regulation, a local jurisdiction shall document how each of the following siting factors is accorded due consideration:
(1) The impact on the water body upon which the waterdependent facility or activity is proposed that would likely result from the approval of that location, including:
(a) Alteration of an existing water circulation pattern or salinity regime;
(b) Adequacy of area flushing characteristics;
(c) Necessity of, and proximity to, a dredging operation; and
(d) Interference with the natural transport of sand;
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 27.01.03 - Water-Dependent Facilities and Activities › Section 27.01.03.05 - Industrial and Port-Related Water-Dependent Facilities and Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B. A local jurisdiction may approve the development of an industrial or port-related water-dependent facility or activity that is located in the buffer in an intensely developed area that:
(1) Under the provisions of COMAR 27.01.09.01-8 has been designated as a modified buffer area; or
(2) Is an approved use in accordance with 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 27.01.03 - Water-Dependent Facilities and Activities › Section 27.01.03.06 - Commercial Marinas and Other Water-Dependent Commercial Maritime Facilities and Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B. A local jurisdiction shall require that the operation of each commercial marina and each related commercial maritime facility or activity complies with:
(1) The requirements of COMAR 26.08.04.09 and, as applicable, COMAR 26.24.04.03; and
(2) The stormwater, wastewater, noncontact cooling water discharge, and any other applicable requirements of the Department of the Environment.
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 27.01.03 - Water-Dependent Facilities and Activities › Section 27.01.03.07 - Community Piers and Other Community Boat-Docking and Storage Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B. Subject to the requirements under §C of this regulation, a local jurisdiction may approve the location of a new or expanded community pier or other community boat-docking or storage facility in the buffer if:
(1) The owner or operator of the pier or facility:
(a) Does not offer food, fuel, or other goods and services for sale in the buffer or on the community pier; and
(b) As applicable, complies with the requirements of COMAR 26.24.04.03;
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 27.01.03 - Water-Dependent Facilities and Activities › Section 27.01.03.08 - Public Beaches and Other Public Water-Oriented Recreation or Education Areas or Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B. A local jurisdiction may approve the location of:
(1) A public beach or other public water-oriented recreation or education area or activity in the buffer of:
(a) An intensely developed area; or
(b) A limited development area or a resource conservation area if:
(i) Adequate sanitary facilities exist;
(ii) Sanitary and service facilities are, to the extent possible, located outside the buffer;
(iii) A permeable surface is used to the extent practicable, if no degradation of ground water would likely result; and
(iv) Disturbance to natural vegetation is first avoided or, if unavoidable, minimized; 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 27.01.03 - Water-Dependent Facilities and Activities › Section 27.01.03.09 - Research-Associated and Education-Associated Water-Dependent Facilities or Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B. As applicable, if an associated nonwater-dependent project is located outside the buffer, a local jurisdiction may approve the location in the buffer of a research-associated water-dependent facility or activity or of an education-associated water-dependent facility or activity.
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 27.01.03 - Water-Dependent Facilities and Activities › Section 27.01.03.10 - Aquaculture and Fishery Facilities and Activities; Water Quality Restoration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B. A local jurisdiction may approve the location of the following facilities and activities in the buffer:
(1) A shore-based facility or activity necessary for a commercial aquaculture operation;
(2) A commercial water-dependent fishery facility or activity, including a structure for crab shedding, a fish off-loading dock, and a shellfish culture operation; and
(3) A facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds.
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 27.01.04 - Shoreline Stabilization Measures › Section 27.01.04.01 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, "shoreline stabilization measure" has the meaning stated in COMAR 27.01.01.01.
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 27.01.04 - Shoreline Stabilization Measures › Section 27.01.04.01-1 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
The provisions of this chapter do not apply to a structure that is, by necessity, associated with a water-dependent facility under COMAR 27.01.03.
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 27.01.04 - Shoreline Stabilization Measures › Section 27.01.04.02 - Policies

Current through Register Vol. 51, No. 14, July 12, 2024
In developing and updating its Critical Area program, a local jurisdiction shall follow these policies when addressing shoreline stabilization measures:
A. Encourage the preservation of the natural shoreline.
B. Encourage public and private landowners to protect significantly eroding portions of the shoreline in the Critical Area; and
C. In order to conserve and protect plant, fish, and wildlife habitat, encourage the use of appropriate shoreline stabilization measures that effectively and practically reduce shore erosion.
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 27.01.04 - Shoreline Stabilization Measures › Section 27.01.04.03 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
In developing and updating its Critical Area program, a local jurisdiction shall satisfy these criteria when addressing shoreline stabilization measures:
A. In accordance with COMAR 26.24.04.01-1, adherence to the structural shoreline stabilization maps developed and maintained by the Department of the Environment;
B. In accordance with Environment Article, §
									16-201(c), Annotated Code of Maryland, and COMAR 26.24.04.01, prohibition of the use of a structural shoreline stabilization measure in an area where no significant shore erosion occurs;
C. Performance of mitigation measures applicable to the type of shoreline stabilization measure to be undertaken, as specified in the Commission form entitled "Shoreline Stabilization Measure Buffer Management Plan"; and
D. In accordance with COMAR 26.24.04.01-3 and 27.01.09.01-3, delivery to the Commission of an approved buffer management plan for each approved shoreline stabilization measure.
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 27.01.05 - Forest and Woodland Protection › Section 27.01.05.01 - Policies

Current through Register Vol. 51, No. 14, July 12, 2024
In developing their Critical Area programs, local jurisdictions shall follow these policies in regard to forest and developed woodland protection:
A. Maintain and increase the forest and developed woodland vegetation of the Critical Area;
B. Conserve forests and developed woodlands and provide for expansion of forested areas;
C. Provide that the removal of trees associated with development activities shall be minimized and, where appropriate, shall be mitigated; and
D. Recognize that forests are a protective land use and should be managed in such a manner so that maximum values for wildlife, water quality, timber, recreation and other resources can be maintained, recognizing that, in some cases, these uses may be mutually exclusive.
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 27.01.05 - Forest and Woodland Protection › Section 27.01.05.02 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
In developing their Critical Area programs, local jurisdictions shall use the following criteria:
A. Where forests or developed woodlands occur within local jurisdictions, the local jurisdictions shall develop a forest preservation plan as part of their Critical Area program. These plans are to be developed in cooperation with the Forestry Programs and the Fish, Heritage and Wildlife Administration of the Department of Natural Resources and other appropriate agencies.
B. Each forest preservation plan shall consist of the following:
(1) Identification and mapping, or otherwise designating, forests and developed woodland occurring within the Critical Area;
(2) Identification of those forest areas and developed woodlands which include habitat protection areas in COMAR 27.01.09; and which also may include forest areas that are periodically flooded within the State wetlands boundary; and
(3) Programs to provide incentives for the conversion of other land uses to forested conditions.
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 27.01.06 - Agriculture › Section 27.01.06.02 - Policies

Current through Register Vol. 51, No. 14, July 12, 2024
In developing and updating its Critical Area program, a local jurisdiction shall follow these policies when addressing agriculture:
A. Assure that agricultural lands are identified and that programs are established for the Critical Area to maintain, where appropriate, agricultural lands in agricultural use, to the greatest extent possible; and
B. Recognize that agriculture is a protective land use that should be properly managed so that it minimizes its contribution to pollutant loadings to the Chesapeake and Atlantic coastal bays and their tributaries.
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 27.01.06 - Agriculture › Section 27.01.06.03 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. The provisions of this regulation apply only to a local jurisdiction in which agriculture exists as a land use in that jurisdiction.
B. In developing and updating its Critical Area program, a local jurisdiction shall develop an agricultural protection plan as part of its Critical Area program in cooperation with the local soil conservation district, the county agricultural land preservation advisory board, and any other appropriate agency.
C. Each agricultural protection plan developed under §B of this regulation shall:
(1) Consist of:
(a) An identification, inventory, and mapping of agricultural land within the Critical Area;
(b) An identification of agricultural land that includes a habitat protection area covered in COMAR 27.01.09; and
(c) A program to maintain agricultural land in agricultural use and to protect water quality and plant and wildlife habitat, which shall at least include:
(i) Measures to encourage the preservation of agricultural land;
(ii) In accordance with the provisions of COMAR 27.01.09, protection of a habitat protection area located within agricultural land; and
(iii) In order to conform to harvest practice requirements in COMAR 27.01.05 and 27.01.09.01-7, a forest management plan for each agricultural operation that harvests timber; 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 27.01.07 - Surface Mining in the Critical Area › Section 27.01.07.01 - 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) Affected land has the meaning stated in Environment Article, §
										15-801, Annotated Code of Maryland.
(2) Borrow pit has the meaning stated in Environment Article, §
										15-801, Annotated Code of Maryland.
(3)Mineral has the meaning stated in Environment Article, §
										15-801, Annotated Code of Maryland.
(4) Overburden has the meaning stated in Environment Article, §
										15-801, Annotated Code of Maryland.
(5) Reclamation means:
(a) The protection of a natural resource that is located in an area adjacent to a surface mining activity, including a forest, wildlife habitat, waterbody, and wetland; and
(b) The reasonable rehabilitation of affected land for a useful purpose.
(6) Spoil pile has the meaning stated in Environment Article, §
										15-801, Annotated Code of Maryland.
(7) Surface Mining.
(a) Surface mining means:
(i) The breaking of surface soil located in the Critical Area in order to extract or remove a mineral;
(ii) An activity or process that is part of the method of extraction or removal of a mineral from its original location in the Critical Area; and
(iii) The extraction or removal of sand, gravel, rock, stone, earth, or fill from a borrow pit for the purpose of constructing a road or another public facility.
(b) Surface mining includes:
(i) An activity related to the processing of a mineral at the site of extraction or removal;
(ii) Extraction or removal of overburden and mining of a limited amount of a mineral when done for the purpose of prospecting, to the extent necessary, for the purpose of determining the location, quantity, or quality of a natural deposit; and
(iii) A mining activity.
(c) Surface mining does not include an activity or process that is excluded under the provisions of Environment Article, §
											15-807, Annotated Code of Maryland, or COMAR 26.21.01.08.
(8) Wash Plant.
(a) Wash plant means a facility where sand or gravel is washed during processing.
(b) Wash plant includes a stockpile, a wash pond, and related washing 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 27.01.07 - Surface Mining in the Critical Area › Section 27.01.07.01-1 - Applicability and Construction

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this chapter are applicable:
(1) In accordance with Land Use Article, §
										3-102, Annotated Code of Maryland, to each local jurisdiction in the Critical Area that is required to include a mineral resources element in its comprehensive plan;
(2) To each surface mining activity for which a license, permit, or other approval was issued on or after the date of local program approval; and
(3) To any other statutory or regulatory requirement applicable under federal or State law.
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 27.01.07 - Surface Mining in the Critical Area › Section 27.01.07.02 - Policies

Current through Register Vol. 51, No. 14, July 12, 2024
In developing and updating its Critical Area program, a local jurisdiction shall ensure that due consideration is accorded to:
A. When locating a surface mining activity, avoidance or, in the alternative, minimization of:
(1) The substantial loss of renewable resource land; and
(2) The degradation of water quality; 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 27.01.07 - Surface Mining in the Critical Area › Section 27.01.07.03 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
In developing and updating its Critical Area program, a local jurisdiction shall:
A. In conjunction with, as applicable, the Departments of Agriculture, Environment, and Natural Resources, and any other appropriate federal or State agency, develop a mineral resources plan and management program that is included in its comprehensive plan and consists of:
(1) In accordance with Land Use Article, §§
										1-411 and  3-107, Annotated Code of Maryland, the identification and mapping of the undeveloped land in the Critical Area that is best kept in its undeveloped state until the land can be used to provide or assist in providing a continuous supply of minerals;
(2) Each surface mining area that includes a habitat protection area under COMAR 27.01.09; and
(3) In accordance with COMAR 27.01.02, at each location where surface mining is, or has been, conducted, the identification of:
(a) Post-reclamation land uses that, where applicable, prioritize the establishment or re-establishment of renewable resource products, such as agriculture and forestry, and other land uses that benefit water quality and habitat, such as wetlands, habitat restoration, and open space; and
(b) Any other appropriate post-reclamation land use, such as recreation and development;
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 27.01.08 - Natural Parks › Section 27.01.08.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
"Natural parks" means areas of natural habitat that provide opportunities for those recreational activities that are compatible with the maintenance of natural conditions.
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 27.01.08 - Natural Parks › Section 27.01.08.02 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
It is the policy of the Commission to encourage the creation of opportunities for interaction between people and natural environments without destroying the fragile components of natural habitats.
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 27.01.08 - Natural Parks › Section 27.01.08.03 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
In developing their Critical Area programs, local jurisdictions shall use all of the following criteria:
A. Local jurisdictions shall identify areas within their Critical Area where natural parks could be established, and consider conserving these features through acquisitions, easements, designation, or other appropriate means. Parks should not be chosen to preserve only natural curiosities, but they should be planned to include examples of coastal ecosystems that are found within the jurisdiction, each with its geological and biological resources intact. Park boundaries should be based on biological necessity rather than administrative convenience.
B. Any plans developed for the use of parks should recognize that all natural terrain has a finite capacity to tolerate human disturbances and, therefore, should give utmost attention to limiting the number of park visitors in any park at any one time or in the course of a season.