Implementation. The Critical Area Program regulates vegetation removal, development activities and resource utilization activities, e.g., agriculture and forestry, within the Critical Area. The Critical Area provisions as set forth herein and in all other applicable regulations, supersede any inconsistent law, section or plan of the county. In the case of conflicting provisions, the stricter provisions shall apply. The Department of Parks and Recreation is considered a state agency for review of projects in the Critical Area per COMAR 27.02.05. Critical Area Program. The Critical Area Program became effective on November 17, 1989. The Program consists of this subtitle and related subtitles of the County Code passed by the County Council and Critical Area maps approved as part of the initial Program approval by the State of Maryland. Regulated Activities and Applicability. An applicant applying for a permit to pursue activities within the Critical Area, including, but not limited to, vegetation removal, development or redevelopment, grading, sediment and erosion control, timber harvesting, shoreline erosion control, installation of a septic system and/or drainage filed, operation of a commercial or private marina or other water-related commercial or industrial operation (public or private), mining (surface or sub-surface) or quarrying, farming or other agricultural related activities shall have obtained all required permits prior to initiation of the requested activity. Responsible Agencies. Review of applications for Staff Level Review are the responsibility of Department of Permitting, Inspections, and Enforcement. Review of applications for the review of Conservation Plans are the responsibility of The Maryland-National Capital Park and Planning Commission. Review of permits and enforcement of this Subtitle are the responsibility of the Department of Permitting, Inspections, and Enforcement. Should an infraction of the provisions contained in any law, regulation, or plan related to the Critical Area Program be brought to the attention of any county or state official, said official shall contact the Director of Permitting, Inspections, and Enforcement to consult with, and when appropriate, the County Attorney, to determine the proper remedial course of action if required. The Director of Permitting, Inspections, and Enforcement or the Director's designee shall inform the Critical Area Commission (CAC) about the infraction and any decision made regarding remedial action. The CAC, at its discretion, may also take remedial action under the authority given it by state law. State and Local Government Projects. Applicability. For all development in the Critical Area conducted by County agencies, the projects shall adhere to COMAR 27.02.02, COMAR 27.02.04, COMAR 27.02.05 and COMAR 27.02.06. If applicable, consistency reports shall be submitted to the Chesapeake Bay Critical Area Commission. Procedures. The government agency proposing a development project within the Critical Area shall work with the Planning Department to identify the appropriate procedures for determining compliance with the Critical Area requirements. Standards for projects of local significance. For any government development activity within the Critical Area, the agency proposing the project shall work with the Planning Department to ensure that the project is consistent with all of the provisions and requirements of the Critical Area Program. The Planning Department shall prepare a consistency report and submit a copy of the report with relevant plans and information about the project to the Critical Area Commission. If the Commission determines that the proposed project requires Commission review, then the Commission shall notify the local jurisdiction within 15 days of receipt of the report, and the project shall be reviewed in accordance with the provisions in paragraph (4) below. If the project does not require Commission review, as determined by the Commission, then it may be reviewed by the Planning Department and approved as appropriate by the Planning Director or the Director's designee. Standards for Commission review. New major development by the State or a County agency shall, to the extent practical be located outside the Critical Area. If the siting of the development in the Critical Area is unavoidable because of water dependency or other locational requirements that cannot be satisfied outside the Critical Area, the sponsoring agency shall seek approval from the Critical Area Commission and shall provide the following information: Findings and supporting documentation showing the extent to which the project or development is consistent with the provisions and requirements of the Critical Area Program and the provisions of this Subtitle; and An evaluation of the effects of the project on the County's Critical Area Program. Notice requirements for Commission review. Public notice is required for all major development projects unless the development is covered by a general approval from the Commission. Public notice shall follow the Planning Board's administrative procedures and include posting in accordance with Subtitle 27. Public notice shall be the responsibility of the County agency proposing the project and the agency shall, as part of its submittal to the Critical Area Commission, provide evidence that: Public notice was published for one business day in a newspaper of general circulation in the geographic area where the proposed development would occur; The publication included the identity of the sponsoring State agency or local agency; description of the proposed development; the street address of the affected land and a statement that its location is in the Critical Area; and the name and contact information of the person within the sponsoring State agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment; At least 14 days were provided for public comment; and The property proposed for development was posted in accordance with the provisions noted herein. In addition to the public notice required above, public notice may be provided by electronic posting on a website, on the website of a newspaper of general circulation in the geographic area where the proposed development would occur, or by notification to a neighborhood association or residents of a particular geographic area. Evidence of public notice to be submitted to the Commission shall include the following documentation: The name of the newspaper and the date on which the notice was published; A copy of the public notice as it was published in the newspaper; and A copy of each written comment received in response to the public notice. Posting requirements for major development. The sponsoring agency for any major development project shall ensure that a sign is posted on the property indicating that the site is proposed for major development. Posting shall meet the requirements of Subtitle 27. On a date not later than the date on which the notice is published in the newspaper, the sign shall be posted in a conspicuous location on the development site and remain there until after the Critical Area Commission has voted on the development. Zoning Ordinance. Subtitle 27 of the County Code contains the regulations regarding zoning and uses allowed in the Critical Area. Subdivision Ordinance. Subtitle 24 of the County Code contains the regulations regarding the subdivision of property in the Critical Area. Grading, Stormwater and Building Ordinances are found in Subtitle 32, Water Resources Protection and Grading Code and Subtitle 4, the Building Ordinance, which contain regulations with regard to the Chesapeake Bay Critical Area. Project Notification. Copies of applications for all developments, subdivisions, and site plans wholly or partially within the Critical Area as specified in COMAR 27.03.01 shall be sent to the Critical Area Commission. The application shall be accompanied by a completed "Project Notification Application" form. The Commission shall send written notification of receipt of the application within five business days. An application which has been sent to the Commission for notification cannot be processed until notice of receipt by the Commission has been received. Any action in violation of this procedure shall be void. Growth Allocation. Growth allocation means the number of acres of land in the Chesapeake Bay Critical Area that may be used to create new I-D-O Zones and L-D-O Zones from existing L-D-O and Resource Overlay Zones. The growth allocation shall be calculated based on five percent of the total R-C-O Zone in the County at the time of the original approval of the Program by the Commission, not including tidal wetlands or land owned by the federal government. At the time of adoption, approximately 693.3 acres were placed within the IDO. 1,438.5 acres were in the LDO and 13,596.3 acres were in the RCO. Within the RCO, approximately 1,045.5 acres were in federal ownership and approximately 5,743.1 acres were tidal wetlands. The total allocation available at the time of adoption was 5% of the RCO or approximately 328.4 acres. Subsequent to adoption of the initial overlay zones, amendments were approved that resulted in the use of growth allocation. The provisions for application and approval of growth allocation are provided in Subtitle 27. Program Changes. The County Council may from time to time amend the County Critical Area Program. Critical Area Program changes include, but are not limited to, amendments, revisions, and modifications to zoning regulations, subdivision regulations, Critical Area Maps, implementation procedures, and local policies that affect the County's Program. All such amendments, revisions, and modifications shall also be approved by the Critical Area Commission as established in Section 8-1809 of the Critical Area Law and shall not be officially implemented without approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law Section 8-1809(i) and Section 8-1809(d), respectively. Comprehensive Reviews. The Critical Area Program shall be reviewed, and any necessary amendments proposed to the entire Program, including Critical Area Maps, at least every six years. The anniversary of the date that the last Program update became effective shall be used to determine when the review shall be completed. Within 60 days after the completion of the review, the following information will be submitted in writing to the Commission: A statement certifying that the required review has been accomplished; All necessary requests for Program amendments, Program refinements, or other matters that the County wishes the Commission to consider; An updated resource inventory; A statement quantifying acreages within each land classification, the growth allocation used, and the growth allocation remaining. When an amendment is requested, the amendment shall be submitted to the County Council. After the County Council approves an amendment, the Director shall forward their decision and applicable ordinances and resolutions along with the amendment request to the Critical Area Commission for final approval. When a request for review and approval of changes to any element of the Critical Area Program is submitted to the Commission, including, but not limited to, the zoning ordinance, subdivision regulations, or Critical Area Maps, the request will include all relevant information necessary for the Chairman of the Commission, and as appropriate, the Commission, to evaluate the changes. The Chairman, and as appropriate, the Commission, shall determine if the requests for Program changes are consistent with the purposes, policies, goals, and provisions of the Critical Area Law and all Criteria of the Commission. Critical Area Commission Decision. In accordance with the determination of consistency outlined above, the Commission chair, or as appropriate, the Commission will: Approve the proposed Program refinement or amendment and notify the local jurisdiction; Deny the proposed Program refinement or amendment; Approve the proposed Program refinement or amendment subject to one or more conditions; or Return the proposed Program refinement or amendment to the County with a list of changes to be made. Zoning Map Amendments. Except for Program amendments or Program refinements developed during a six-year comprehensive review, a zoning map amendment may only be granted by the District Council upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a zoning map that meet the following criteria: Are wholly consistent with the land classifications in the adopted Program; or Propose the use of growth allocation in accordance with the growth allocation provisions of this Subtitle. Special Exceptions and Variances in the Critical Area. The Zoning Ordinance (Subtitle 27) contains provisions regarding the uses allowed by Special Exception and the required findings for the approval of Variances. Approval of Variances. Variances from the requirements of this Division of the County Code shall be approved by the Planning Board as part of its review of an associated Conservation Plan.