Subtitle 4 – Chesapeake Bay Critical Area Overlay Zoning District

“Buffer” means area that:

“Buffer” includes:

“Critical Area” means all lands and waters defined in §8-1807 of the State Natural Resources Article.

“Critical Area” includes:

“Development” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="27.01.01.01|B.|(21)">COMAR 27.01.01.01B(21)</cite>.

“Development” includes any one or a combination of the following:

“Disturb” means to alter or change land in any way.

“Disturb” includes any amount of clearing, grading, or construction activity.

“Disturb” does not include gardening or maintenance of an existing grass lawn.

disturb any land in the Buffer;

disturb 10,000 or more square feet of land in the Critical Area;

result in any disturbance, caused by use, development, or destruction of vegetation, to land in an area designated under the Critical Area Management Program as a “Designated Habitat Protection Area”; or

involve an expenditure for improvements to the property equal to or greater than 50% of the assessed value of the property, as recorded in the State Department of Assessment and Taxation’s database.

“Water-dependent facilities” means land uses or structures that:

“Water-dependent facilities” include:

“Water-dependent facilities” does not include private piers that are installed and maintained by riparian landowners and are not part of a subdivision that provides community piers.

“Resource Conservation Areas, which include the subarea designated as “Shoreline Conservation Area”; and

“Intensely Developed Areas”, which comprise 2 subareas designated as:

the Planning Commission; and

the Chesapeake Bay Critical Area Commission.

The CAMP Map approved under this section:

Any other representation of the Critical Area, Buffer, or Development Areas, regardless of the source of publication, are illustrative only and may not be used for determining any of the development requirements or restrictions required in this subtitle or by the Critical Area Management Program.

a non-water dependent structure, except as authorized under <cite data-doc="Md. Code" data-path="gnr|8-1808">State Natural Resources Article § 8-1808</cite>.4 {“Critical Area Protection Program: Nonwater-dependent projects”};

collection, storage, handling, or disposal of hazardous or toxic materials, as defined in <cite data-doc="Code of Maryland Regulations" data-path="11.07.01.01">COMAR 11.07.01.01</cite>;

industrial landfills;

liquefied natural gas and petroleum gas terminals;

maintenance, dismantling, or storage of abandoned, unlicensed, junked, or derelict vehicles or vehicle parts;

non-water dependent uses on barges in tidal waters, except maritime museums;

non-water dependent uses on permanently moored vessels in the Inner Harbor Basin, except maritime museums;

recycling collection stations;

solid waste acceptance facilities, as defined in City Code <cite data-doc="City of Balt., Md., Ord. 24-322" data-path="|23">Article 23</cite>, except for facilities approved as a conditional use under this subtitle; and

storage and handling of radioactive waste.

cement plants;

chemical plants;

sand or gravel extraction operations; and

storage facilities for nutrients – that is, elements or compounds essential as raw material for organic growth and development (for example, carbon, nitrogen, and phosphorus).

on recommendation of the Department of Planning, the Board of Municipal and Zoning Appeals finds both that:

for any new use that constitutes a significant development or for any expansion of a nonconforming use, a best management practices plan that will achieve a net improvement in water quality and habitat is submitted and implemented as a requirement of the Critical Area review process.

open space;

public recreation;

natural parks;

pedestrian easements;

bike paths; and

cultural and historical sites.

In a Waterfront Revitalization Area outside the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of <cite data-path="|32|§7-406">§ 7-406 {“Prohibited uses”} of this subtitle</cite>.

In a Waterfront Revitalization subarea designated a Shoreline Conservation Area, no new bulkheads are allowed within 30 feet from the mean high water line.

In a Waterfront Industrial Area outside the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of <cite data-path="|32|§7-406">§ 7-406 {“Prohibited uses”} of this subtitle</cite>.

Solid-waste acceptance facilities of the following types require conditional-use approval: waste-to-energy facilities, indoor-operated transfer facilities, and indoor-operated composting facilities, such as “in-vessel” composting facilities. If the use entails any significant development, the Board of Municipal and Zoning Appeals must find, as a condition of its approval, that a best management practices plan that will achieve a net improvement in water quality and habitat is submitted and implemented as a requirement of the Critical Area review process.

State Natural Resources Article Title 8, Subtitle 18;

COMAR Title 27;

the Critical Area Management Program; and

this section.

In considering an application for a conditional use or variance, the Planning Department and the Board of Municipal and Zoning Appeals must presume that the specific development activity for which a conditional use or variance is required does not conform with the general purpose and intent of State Natural Resources Article, Title 8, Subtitle 18, the general purpose and intent of COMAR Title 27, or the requirements of the Critical Area Management Program.

If the request for a conditional use or variance is based on conditions or circumstances that are the result of actions by the applicant, including the commencement of development activity before an application is filed, the Board of Municipal and Zoning Appeals may consider that fact.

An applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established by paragraph (1) of this subsection.

The Board of Municipal and Zoning Appeals must make written findings as to whether, based on competent and substantial evidence, the applicant has overcome this presumption.

With due regard for the person’s experience, technical competence, and specialized knowledge, the findings may be based on evidence introduced and testimony presented by either:

special conditions or circumstances exist that are peculiar to the land or structure for which the application is made; and

a literal enforcement of the requirements of the Critical Area Management Program would result in the applicant’s being denied reasonable and significant use of the entire parcel or lot for which the conditional use or variance is requested.

a literal interpretation of the Critical Area Management Program, the State Chesapeake Bay Critical Area law, or related regulations will deprive the applicant of rights commonly enjoyed by other properties in similar areas within the Critical Area;

the granting of a conditional use or variance will not confer on the applicant any special privilege that would be denied under the Critical Area Management Program, the Chesapeake Bay Critical Area law, or related regulations to other lands or structures within the Critical Area;

the granting of a conditional use or variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitats within either the Critical Area or any other protected part of the State Chesapeake Bay Critical Area within a neighboring jurisdiction;

the granting of a conditional use or variance will be in harmony with the general spirit and intent of the Critical Area Management Program, the State Chesapeake Bay Critical Area law, and related regulations; and

the application for the conditional use or variance either:

This section is enacted by authority of <cite data-doc="Md. Code" data-path="gnr|8-1808">State Natural Resources Article § 8-1808(c)(1)(iii)</cite>14.

This section applies in addition to any other civil or criminal penalty authorized by State or City law.

the gravity of the violation;

any willfulness or negligence involved in the violation;

the environmental impact of the violation; and

the cost of restoring and mitigating the damage to the resource affected by the violation, including the cost to the State or the City for performing, supervising, or rendering assistance to the restoration and mitigation.