reglab/statecodes huggingface dataset:
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 27.02.04 - State or Local Agency Actions Resulting in Major Development on Private Lands or Lands Owned by Local Jurisdictions › Section 27.02.04.01 - Definition

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) "Major development" means development of a scale that may cause State-wide, regional, or inter-jurisdictional, environmental or economic effects in the Critical Area, or which may cause substantial impacts on the Critical Area program of a local jurisdiction. This development includes airports, power plants, major solar energy generating systems, wastewater treatment plants, highways, regional utility transmission facilities, prisons, hospitals, public housing projects, public beaches, and intensely developed park and recreation facilities, and any development or project authorized by the Public Service Commission under a Certificate of Public Convenience and Necessity.
(2) "Reservation of Resource Conservation Area Density Rights Agreement" has the meaning stated in COMAR 27.01.14.01.
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 27.02.04 - State or Local Agency Actions Resulting in Major Development on Private Lands or Lands Owned by Local Jurisdictions › Section 27.02.04.02 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. New major development which is caused by State or local agency actions shall, to the extent practical, be located outside the Critical Area.
B. If the siting of a major development within the Critical Area is unavoidable because of water dependency or other locational requirements that cannot be satisfied outside the Critical Area, the State or local agency responsible for the development, or the agency proposing a capital project, shall seek approval for the development from the Commission.
C. In seeking approval, the agency shall submit the following information to the Commission:
(1) Findings, supported by adequate documentation, showing the extent to which the development is consistent with the provisions and requirements of the Critical Area program of the local jurisdiction within which it is located; and
(2) An evaluation of the effects of the development on the Critical Area program of the local jurisdiction, or jurisdictions, within which it is located, including any effects on the jurisdiction's growth allocation as described in COMAR 27.01.02.06.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.01 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this chapter, the following words have the meanings indicated.
(2) Terms Defined.
(a) "Intensely developed area" has the meaning stated under COMAR 27.01.02.03.
(b) "Limited development area" has the meaning stated under COMAR 27.01.02.04.
(c) "Linear project" includes the portion of a road, bridge, sewer line, water line, electrical line, cable line, fiber optic line, storm drain, gas pipeline, railroad, light rail line, sidewalk, bicycle lane, or similar development that is constrained within a public right-of-way or a dedicated easement.
(d) "Resource conservation area" has the meaning stated under COMAR 27.01.02.05.
(e) "State agency" or "agency" means the executive department within State government that:
(i) Owns or is responsible for management of the land on which development will occur; or
(ii) Proposes a development project.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.02 - Commission Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the action of a State agency will result in development in the Critical Area, the agency, as soon as practicable in the planning process, shall consult with the Commission regarding an assessment of:
(1) The requirements under Regulations .03- .15 of this chapter and the likely effects of these requirements on a development project, including the fee simple acquisition or disposal of land in the Critical Area; and
(2) Climate resilient practices that address coastal hazards, extreme weather events, sea level rise, and other impacts.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.03 - Criteria for Development by a State Agency on State-Owned Land

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following general criteria are applicable to development by a State agency on State-owned land:
(1) To the maximum extent practicable, a State agency shall locate development outside the Critical Area;
(2) A State agency may not locate a solid or hazardous waste acceptance facility on State-owned land in the Critical Area; and
(3) Except in the buffer, a State agency may apply, or authorize the application of, sludge in the Critical Area if the application:
(a) Occurs on agricultural or horticultural land; and
(b) When a permit is required, is in accordance with the permit issued by the Department of the Environment.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.03-1 - Development in an Intensely Developed Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. The requirements of this regulation are in addition to the requirements under Regulation .03 of this chapter.
B. If any part of a linear project crosses an area designated as an intensely developed area, the Commission shall review the linear project in accordance with the requirements of this regulation.
C. When a State agency proposes development in an intensely developed area, to the maximum extent practicable, the agency shall:
(1) Plant native vegetation and minimize areas maintained as lawn or turf; and
(2) Utilize pervious surfaces rather than impervious surfaces on the development site.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.03-2 - Development in a Limited Development Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. The requirements of this regulation are in addition to the requirements under Regulation .03 of this chapter.
B. If any part of a linear project crosses an area designated as a limited development area, the Commission shall review the linear project in accordance with the requirements of Regulation .03-1 of this chapter.
C. For development proposed on State-owned land that is in a limited development area, a State agency:
(1) Except as authorized under §D of this regulation, may remove up to 20 percent of the areal extent of forest or developed woodland, and shall maintain the remaining percentage as forest or developed woodland;
(2) On a slope measuring at least 15 percent, as measured before development, may not propose a development project, unless the project is the only effective way to improve or, in the alternative, maintain the stability of the slope;
(3) May not design or construct a development project that exceeds 15 percent of the lot coverage on:
(a) The total development site, if the site is mapped entirely as a limited development area; or
(b) The portion of the development site that is mapped as a limited development area, if only a portion of the site is mapped as a limited development area; and
(4) If there is no forest or developed woodland established on a proposed development site, shall:
(a) Plant the site to provide a new forest or developed woodland cover of at least 15 percent; and
(b) Maintain the afforested area as forest or developed woodland cover.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.03-3 - Development in a Resource Conservation Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. The requirements of this regulation are in addition to the requirements under Regulation .03 of this chapter.
B. For development on State-owned land that is in a resource conservation area:
(1) A State agency shall comply with all of the provisions under Regulation .03-2 of this chapter, except that the prohibition under Regulation .03-2C(3) is not applicable in the resource conservation area;
(2) A State agency may not design or construct a development project that exceeds 15 percent of the lot coverage on:
(a) The total development site, if the site is mapped entirely as a resource conservation area; or
(b) The portion of the development site that is mapped as a resource conservation area, if only a portion of the site is mapped as a resource conservation area; and
(3) Overall density may not exceed one dwelling unit per 20 acres.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.04 - Water-Dependent Facilities and Activities - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
In this regulation and in Regulations .04-1 through .04-3 of this chapter, "water-dependent facility or activity" has the meaning stated in COMAR 27.01.03.01.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.04-1 - Water-Dependent Facilities and Activities - General Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
An agency proposing development on State-owned land or responsible for the administration of a water-dependent facility or activity located on State-owned land:
A. In accordance with Natural Resources Article, §
									8-1808.3, Annotated Code of Maryland, and COMAR 27.02.05.09, 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 under Regulations .04 through .04-3 of this chapter, may develop a water-dependent facility or activity in the buffer if:
(1) The facility or activity is water-dependent;
(2) The facility or activity meets a recognized public need;
(3) Adverse impacts on water quality and fish, wildlife, and plant habitat are first avoided or, if unavoidable, minimized; and
(4) A nonwater-dependent project associated with the waterdependent 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 02 - DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS › Chapter 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.04-2 - Water-Dependent Facilities and Activities - General Location Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation are in addition to the provisions of Regulation .04-1 of this chapter.
B. An agency proposing development on State-owned land or responsible for the administration of a water-dependent facility or activity located on State-owned land shall document how each of the following siting factors is accorded due consideration:
(1) The impact on the water body upon which the water-dependent 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 02 - DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS › Chapter 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.04-3 - Water-Dependent Facilities and Activities - Site-Specific Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation are in addition to the provisions of Regulations .04-1 and .04-2 of this chapter.
B. An agency proposing development on State-owned land or responsible for the administration of a water-dependent facility or activity located on State-owned land:
(1) May locate a water-dependent industrial or port-related facility or activity in the buffer if:
(a) The facility or activity is in an intensely developed area; and
(b) The Commission has approved a modification of the buffer requirements under Regulation .09 of this chapter or has duly executed a memorandum of understanding to that effect;
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.05 - Shoreline Stabilization Measures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition.
In this regulation, "shoreline stabilization measure" has the meaning stated in COMAR 27.01.01.01.
B. Applicability.
The provisions of this regulation do not apply to a structure that is, by necessity, associated with a water-dependent facility under COMAR 27.02.05.04-.04-3.
C. Policies. An agency planning or proposing a shoreline stabilization measure on State-owned land shall follow these policies:
(1) Prioritization of the preservation of the natural shoreline;
(2) Protection of significantly eroding portions of the shoreline in the Critical Area; and
(3) In order to conserve and protect plant, fish, and wildlife habitat, 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 02 - DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS › Chapter 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.06 - Forest and Woodland Protection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Developed woodlands" means those areas of 1 acre or more in size which predominantly contain trees and natural vegetation and which also include residential, commercial, or industrial structures and uses.
(2) "Forests" means biological communities dominated by trees and other woody plants covering a land area of 1 acre or more.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.07 - Agriculture

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. The provisions of this regulation do not apply to an agricultural activity that is conducted for an experimental purpose on State-owned land in the Critical Area if:
(1) Adverse impact to a habitat protection area covered in Regulations .09-.13 of this chapter, as applicable, is avoided; and
(2) The experimental activity is approved by the Maryland Department of Agriculture and the University of Maryland.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.08 - Surface Mining - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. In Regulations .08-1 - .08-3 of 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 has the meaning stated in COMAR 27.01.07.01.
(6) Spoil pile has the meaning stated in Environment Article, §
										15-801, Annotated Code of Maryland
(7) Surface mining has the meaning stated in COMAR 27.01.07.01.
(8) Wash plant has the meaning stated in COMAR 27.01.07.01.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.08-1 - Surface Mining - Applicability and Construction

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of Regulations .08 - .08-3 of this chapter are applicable in addition to any other statutory or regulatory requirement applicable under federal or State law.
B. Notwithstanding any other provision of law, the provisions of Regulations .08 - .08-3 of this chapter may not be construed to prohibit the location or use of a water-dependent facility, in accordance with Regulation .04 of this chapter, for the transport of a surface mining product or by-product.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.08-2 - Surface Mining - Policies

Current through Register Vol. 51, No. 14, July 12, 2024
When surface mining occurs on State-owned land, the agency administering the land 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 02 - DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS › Chapter 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.08-3 - Surface Mining - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
When surface mining occurs on State-owned land, the agency administering the land shall:
A. Designate each portion of the Critical Area that is unsuitable for surface mining and prohibit surface mining in those locations, including:
(1) In accordance with the provisions of COMAR 27.01.09, a habitat protection area;
(2) An area where highly erodible soil exists; and
(3) An area that is within 100 feet immediately landward from mean high water of tidal waters or from the edge of a bank of a tributary stream, unless:
(a) A license, permit, or other approval to conduct a specific aspect of surface mining was issued before June 11, 1988; and
(b) If expansion of the scope or size of the surface mining activity has occurred since June 11, 1988, the expansion complies with State law and local program requirements;
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.10 - 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 02 - DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS › Chapter 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.11 - Threatened and Endangered Species and Species in Need of Conservation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Repealed
B. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall:
(1) With the assistance of the Department of Natural Resources, identify that may be affected by the development;
(2) Utilizing the expertise of the Department of Natural Resources, develop programs to protect the habitats of threatened and endangered species and species in need of conservation as identified in §B(1) of this regulation; and
(3) Ensure that these programs consist of at least one of the following elements:
(a) Designation of a protection area around each of the habitats within which development and other disturbances are prohibited, unless it can be shown that the development or other disturbance will not have or cause adverse impacts on these habitats; and
(b) Protection of habitats of threatened and endangered species, and species in need of conservation, which may include special provisions in forest management and soil conservation plans, and any other management programs for the State-owned lands on which the habitats occur.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.12 - Plant and Wildlife Habitat

Current through Register Vol. 51, No. 14, July 12, 2024
A. Repealed
B. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use the following criteria for plant and wildlife habitat:
(1) With the assistance of the Department of Natural Resources, identify the following plant and wildlife habitats that may be affected by the development:
(a) Nesting sites of colonial nesting water birds;
(b) Waterfowl staging and concentration areas in tidal waters, tributary streams, or tidal and nontidal wetlands;
(c) Existing riparian forests, such as relatively mature forests of at least 300 feet in width which occur adjacent to streams, wetlands, or the shoreline of the Chesapeake Bay, the Atlantic Coastal Bays, or their tributaries;
(d) Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species, such as relatively mature forested areas within the Critical Area of 100 acres or more, or forest connected with these areas;
(e) Other areas which may in the future be identified by State and federal agencies as important plant or wildlife habitat; and
(f) Designated natural heritage areas.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.13 - 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 a tributary to the Chesapeake Bay where spawning of anadromous species of fish (for example, rockfish, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are designated by the Tidewater Administration of the Department of Natural Resources. For purposes of this regulation, "streams" refers to designated anadromous fish propagation waters within the Critical Area.
B. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use the following criteria:
(1) The agency shall, with the assistance of the Department of Natural Resources, identify whether the development will occur in the watersheds of anadromous fish spawning streams.
(2) If the development will occur in those watersheds, the following measures shall be used:
(a) The installation or introduction of concrete riprap or other artificial surfaces onto the bottom of natural streams shall be prohibited unless it can be demonstrated that water quality and fisheries habitat can be improved.
(b) Channelization or other physical alterations which may change the course or circulation of a stream and thereby interfere with the movement of fish shall be prohibited.
(c) The agency shall develop measures for avoiding adverse impacts of any activities occurring on those portions of any watershed within the Critical Area which drain into anadromous fish spawning streams. These measures shall address at least the following objectives:
(i) Minimize development activities or other land disturbances in the watershed;
(ii) Maintain, or if practicable, improve water quality in streams;
(iii) Minimize, to the extent possible, the discharge of sediments into streams; and
(iv) Maintain, or if practicable, increase the natural vegetation of the watershed.
(3) State agencies shall also use all of the following complementary State laws and regulations:
(a) The construction or placement of dams or other structures that would interfere with or prevent the movement of spawning fish or larval forms in streams shall be prohibited. If practical, the removal of existing barriers shall be effected (COMAR 08.05.03.05B).
(b) The agency shall assure that the construction, repair, or maintenance activities associated with bridges, or other stream crossings or with utilities and roads, which involve disturbance within the Buffer or which occur instream, as described in COMAR 08.05.03.11B(5), shall be prohibited between March 1 and May 15.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.14 - Natural Parks

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Natural parks" means areas of natural habitat that provide opportunities for those recreational activities that are compatible with the maintenance of natural conditions.
B. Policy. 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.
C. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use all of the following criteria:
(1) The agency shall identify areas within the 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 State, each with its geological and biological resources intact. Park boundaries should be based on biological necessity rather than administrative convenience.
(2) 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.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.15 - Planting Plan Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this chapter, the following words have the meanings indicated.
(2) Terms Defined.
(a) "Major solar energy generating system" has the meaning stated in COMAR 27.01.14.01.
(b) "Minor solar energy generating system" has the meaning stated in COMAR 27.01.14.01.
(c) "Planting plan" has the meaning stated in COMAR 27.01.14.01.
(d) "Project area" has the meaning stated in COMAR 27.01.14.01.
(e) "Solar energy generating system" has the meaning stated in COMAR 27.01.14.01.
(f) "Wetland migration area" has the meaning stated in COMAR 27.01.14.01.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.15-1 - General Criteria for a Solar Energy Generating System

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this section are applicable to a solar energy generating system in an intensely developed area, a limited development area, and a resource conservation area.
B. The area of a solar panel shall not count 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; and
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.15-2 - Criteria for a Major Solar Energy Generating System in the Resource Conservation Area

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to the requirements of Regulation .15-1 of this chapter, a State agency may locate a solar energy generating system in the resource conservation area if a State agency:
A. Except for access allowed in accordance with Regulation .15-1C(2) of this chapter and in accordance with the provisions of Regulation .07 of this chapter, restricts 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; and
B. Provides an assessment to demonstrate compliance with the climate resilient applications in Regulation .03B(9), C, and D of this chapter.
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 27.02.05 - State Agency Actions Resulting in Development on State-Owned Lands › Section 27.02.05.15-3 - 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 State agency shall select from the following options to address the planting plan requirements of Regulation .15-1D 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; or
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 27.02.06 - Conditional Approval of State or Local Agency Programs in the Critical Area › Section 27.02.06.01 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. If development is proposed to be undertaken or caused in the Critical Area by State or local agency actions and this development is prohibited from occurring by the criteria in this subtitle, the agency proposing the development may seek conditional approval for the project or program from the Commission.
B. In order to qualify for consideration by the Commission for conditional approval, it shall be shown by the proposing or sponsoring agency that the project or program has the following characteristics:
(1) That there exist special features of a site or there are other special circumstances such that the literal enforcement of these regulations would prevent a project or program from being implemented;
(2) That the project or program otherwise provides substantial public benefits to the Chesapeake Bay Critical Area Program; and
(3) That the project or program is otherwise in conformance with this subtitle.
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 27.02.07 - Commission Review, Decision Process, and Time Frames › Section 27.02.07.01 - Types of Development

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission shall receive and review proposals for development by local and State agencies, including consistency certifications as described in COMAR 27. 02.02.02B, requests for general approval as described in COMAR 27.02.03.01B, proposals for major development as described in COMAR 27.02.04.02C, proposals for development on State-owned lands as described in COMAR 27.02.05, and requests for conditional approval as described in COMAR 27.02.06.
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 27.02.07 - Commission Review, Decision Process, and Time Frames › Section 27.02.07.02 - Additional Critical Area Requirements for a Certificate of Public Convenience and Necessity

Current through Register Vol. 51, No. 14, July 12, 2024
In accordance with COMAR 20.79.01, an applicant for a Certificate of Public Convenience and Necessity shall include within its environmental review document or on a site plan the following information:
A. The Critical Area boundary and Critical Area classification of the project site;
B. The project area and limits of disturbance of the proposed project inside the Critical Area;
C. The acreage inside the Critical Area and a breakdown of acreages for each Critical Area designation when there is more than one Critical Area designation on a project site;
D. Field determination of the 100-foot buffer and, when applicable, expanded buffer for hydric soils, highly erodible soils, and steep slopes;
E. When applicable, the 300-foot setback from tidal waters, tidal wetlands, and tributary streams in accordance with COMAR 27.01.14.05B;
F. The identification and location of habitat protection areas in COMAR 27.01.09.03-.05;
G. The identification and location of existing forest and developed woodlands acreage;
H. The identification and location of existing and proposed lot coverage as defined in Natural Resources Article, §
									8-1802, Annotated Code of Maryland, and consistent with COMAR 27.01.14.04B;
I. The identification and location of areas with steep slopes of 15 percent or greater;
J. The identification and location of each existing or proposed mitigation area and the corresponding planting plan required to address the project's impact on forest, developed woodland, buffer, or other habitat protection area;
K. For a project or locally owned land or privately owned lands, calculations demonstrating compliance with the Critical Area stormwater pollutant reduction requirements of COMAR 27.01.02.03;
L. Information demonstrating compliance with notice requirements of COMAR 27.03.01.03;
M. For State agency projects on State-owned lands, information demonstrating compliance with COMAR 27.02.05.02A; and
N. When applicable, for a project located in a resource conservation area, information demonstrating compliance with COMAR 27.01.14.02-1.
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 27.02.07 - Commission Review, Decision Process, and Time Frames › Section 27.02.07.02-1 - Review Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. For the purpose of reviewing the development proposals listed in Regulation .01 of this chapter, the Commission may establish panels, pursuant to Regulation .03 of this chapter, or it may undertake reviews by the full Commission.
B. The Commission may seek public comment on proposals for development and may hold public hearings for this purpose except that any proposed development that adversely affects the growth allocation of a local jurisdiction, as described in COMAR 27.01.02.06, shall require a public hearing.
C. If appropriate, public hearings shall be held in the local jurisdiction in which the proposed development would be located. If the development is located in, or would affect, more than one jurisdiction, the Chairman shall decide in which of the jurisdictions the hearing should be held.
D. At a hearing, the Commission or its panel shall hear the comments of the public concerning the proposed development and may entertain a presentation by the sponsoring State or local agency. The Commission shall limit comment by the public to relevant matters within the scope and purview of the Commission and shall make and keep a full record of the proceedings.
E. For purposes of reviewing an application for a Certificate of Public Convenience and Necessity in the Critical Area the following apply:
(1) In accordance with Public Utilities Article, 3-106, Annotated Code of Maryland, the Chairman may request to become a party in a proceeding before the Public Service Commission and shall provide notice to the Commission; and
(2) The Chairman shall review an application in accordance with COMAR 27.02.04.02G.
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 27.02.07 - Commission Review, Decision Process, and Time Frames › Section 27.02.07.03 - Panels

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Chairman may appoint a panel of the Commission to review any of the development proposals listed in Regulation .01, above, and to make recommendations to the full Commission concerning approval, denial, or conditioning of the proposal. The panel shall consist of five Commission members to be appointed by the Chairman.
B. A panel may conduct public hearings on a proposal for development in accordance with the provisions of Regulation .02B, C, and D, above. The panel shall keep and provide to the full Commission a record of the proceedings.
C. The panel shall make its recommendations on the proposal known to the full Commission, which shall make the final determination by majority vote of approval, disapproval, or conditional approval within the time frames stated in Regulation .04, below.
D. The cabinet secretary, or that secretary's designee, of the State department or agency which is the sponsor of the proposed development, may not sit on the panel considering that agency's proposed development. If a local project is the subject of this regulation, the local elected or appointed official from the subject jurisdiction, who also sits as a Commissioner, may not sit on the panel appointed to consider that proposed development.
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 27.02.07 - Commission Review, Decision Process, and Time Frames › Section 27.02.07.04 - Time Frame for Commission Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission shall notify the agency proposing development of its decision to approve, deny, or approve with conditions the proposal in the time frames shown in Regulation .04B(1)-(5), below. Failure to make this notice shall permit the development to proceed as proposed without further Commission comment or approval.
B. The Commission shall give notice of decision to the proposing agency within the number of days of receipt of the development proposal as specified below:
(1) A development proposal of local significance and the local certification as provided in COMAR 27.02.02.02B: 30 days;
(2) A determination that a development proposal of local significance is major development that requires Commission review under the provision of COMAR 27.02.04: 15 days;
(3) A proposal for general approval as provided for in COMAR 27.02.03.01B: 60 days;
(4) A proposal for major development as provided for in COMAR 27.02.04: 60 days;
(5) A proposal for development on State-owned lands as provided for in COMAR 27.02.05: 30 days, except that when the development will result in adverse effects on any local jurisdiction's growth allocation, the Commission shall be afforded 90 days in which to notify the sponsoring agency of its decision;
(6) A request for conditional approval as described in COMAR 27.02.06: 90 days.
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 27.02.08 - Appeals › Section 27.02.08.01 - State Agency Appeals of Local Denials of Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to COMAR 27.02.02, for State development proposals which are of local significance only, and which occur on private lands or lands owned by local jurisdictions, the sponsoring agency shall provide to the Commission the local jurisdiction's certification of consistency with the local Critical Area program. Local denial of the certification may be appealed to the Commission by the sponsoring State agency under the following provisions:
(1) The State agency sponsor whose certification has been denied by the local jurisdiction may file an appeal of the denial with the Commission within 30 days of the receipt by that State agency of official notice of denial.
(2) The Chairman shall, within 15 days of receipt of a notice of State agency appeal, appoint a panel of five Commissioners to hear and make recommendations to the full Commission concerning the appeal.
(3) The panel shall meet within 30 days of its appointment, shall hear a presentation by the State agency which has been denied certification, and shall, within 30 days of its meeting or at the next scheduled Commission meeting, whichever is later, make its recommendations known to the full Commission.
(4) In considering the matter of local certification, the panel and the Commission shall utilize as criteria the relevant portions of the approved local Critical Area program, and may not substitute their judgment for that of the local certifying authority. If, on the other hand, it appears that the local certifying authority has failed to apply its own program criteria in a rational and reasonable manner, or has been arbitrary and capricious in the application of those criteria to the proposed development, the panel may recommend, and the Commission by majority vote may act, to certify the proposed development. The Commission's final decision shall be in writing.
(5) A State agency which is aggrieved by the final decision of the Commission is entitled to bring whatever appeal or civil action may be appropriate before the courts of this State.
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 27.02.08 - Appeals › Section 27.02.08.02 - Appeals from Commission Disapproval of Proposed Development

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to COMAR 27.02.03.01A, 27.02.04.02E, and 27.02.05.02D, a State or local agency whose proposal for development has been disapproved by the Commission may appeal the disapproval to the full Commission for reconsideration, within 30 days of receipt of the Commission's decision.
B. The Commission shall afford the agency another opportunity to be heard on the matter, before the full Commission, within 30 days of receipt of notice of appeal, and shall issue its final decision in writing within 15 days of the reconsideration. Affected local governments shall be notified of any requests for reconsideration or notices of appeal and shall be afforded an opportunity to comment on the requests or notices.
C. A State or local agency, or other party aggrieved by the final decision on reconsideration, may bring whatever appeal or civil action may be appropriate before the courts of this State.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 03 - PROJECT APPLICATIONS › Chapter 27.03.01 - Notification of Project Applications › Section 27.03.01.01 - 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) Application.
(a) "Application" means whatever initial forms, documents, plats or other materials, including buffer management plans, that are officially submitted to the local authority for the approval of subdivision plats, consolidations, reconfigurations, site plans, grading permits, rezoning (including the consideration of areas within floating zones), the issuance of zoning permits, special exceptions, or conditional use permits.
(b) "Application" includes substantial changes to the items in §B(1)(a), of this regulation.
(c) "Application" does not include those materials submitted for the approval of building permits.