Sec. 5B-118. Water-Dependent Facilities
Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.
Prince George's County, Md., Code § 5B-118 (2026)
Sec. 5B-118. Water-Dependent FacilitiesLinkCopy Citation
(a)
Identification. Water dependent facilities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, and marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities. Excluded from this regulation are individual private piers installed or maintained by riparian landowners, and which are not part of a subdivision that provides community piers.
(b)
General Policies. The policies of the County with regard to water-dependent facilities shall be to limit development activities in the Buffer to those that are water-dependent and provide by design and location criteria that these activities will have minimal individual and cumulative impacts on water quality and fish, wildlife and plant habitat in the Critical Area.
(c)
Standards. The following standards shall apply to new or expanded development activities associated with water-dependent facilities:
(1)
New or expanded development activities may be permitted in the Buffer in the I- D-O and L-D-O provided that it can be shown:
(A)
That the use meets the definition of a water-dependent facility;
(B)
That the project meets a recognized private right or public need;
(C)
That adverse effects on water quality, fish, plant and wildlife habitat are minimized;
(D)
That, insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the buffer;
(E)
That the facilities are consistent with an approved Conservation Plan or Staff Level Review Plan as set forth herein;
(F)
That the proposal conforms to all applicable Master and Sector plans, and
(G)
Lot coverage in the Buffer does not exceed the minimum amount necessary for water-dependent facilities, regardless of the critical area classification or the size of the parcel or lot, except:
(2)
for a variance granted in accordance with this Subtitle; or
(3)
as provided in a waterfront revitalization area or a waterfront industrial area.
(d)
Implementation. Applicants for new or expanded water-dependent facilities in I-D-O Zones or L-D-O Zones shall set out in the application how the above requirements are met.
(e)
Evaluating plans for new and expanded water-dependent facilities. The following factors shall be considered when evaluating proposals for new or expanded water dependent facilities:
(1)
That the activities will not significantly alter existing water circulation patterns or salinity regimes;
(2)
That the water body upon which these activities are proposed has adequate flushing characteristics in the area;
(3)
That disturbance to wetlands, submerged aquatic plant beds, or other areas of important aquatic habitats will be minimized;
(4)
That adverse impacts to water quality that may occur as a result of these activities, such as non-point source run-off, sewage discharge from land activities or vessels, or from boat cleaning and maintenance operations, is minimized;
(5)
That shellfish beds will not be disturbed or be made subject to discharge that will render them unsuitable for harvesting;
(6)
That dredging shall be conducted in a manner, and using a method which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the critical area, generally;
(7)
That dredged spoil will not be placed within the Buffer or elsewhere in that portion of the Critical Area which has been designated as a Habitat Protection Area except as necessary for:
(A)
Backfill for permitted shore erosion protection measures;
(B)
Use in approved vegetated shore erosion projects;
(C)
Placement on previously approved channel maintenance spoil disposal areas; and
(D)
Beach nourishment.
(8)
That interference with the natural transport of sand will be minimized; and
(9)
That disturbance will be avoided to historic areas of waterfowl staging and concentration or other Habitat Protection Areas identified in the Habitat Protection Area section of this Subtitle.
(f)
Availability of information. The information necessary for evaluating the above factors, if not available locally, shall be obtained from appropriate State and Federal agencies.
(g)
Marinas and other commercial maritime facilities. New, expanded or redeveloped marinas may be permitted in the Buffer within I-D-O Zones and L-D-O Zones subject to the requirements set forth in this section. New marinas or related maritime facilities may not be permitted in the Buffer within R-C-O Zones except as provided in this section. Expansion of existing marinas may be permitted within R-C-O Zones provided that it is sufficiently demonstrated that the expansion will not adversely affect water quality, and that it will result in an overall net improvement in water quality at or leaving the site of the marina. New and existing marinas shall meet the sanitary requirements of the Department of the Environment as required in COMAR 26.04.02. New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters.
(h)
Community piers. New or expanded community marinas and other non-commercial boat-docking and storage facilities may be permitted in the Buffer subject to the requirements in Zoning Ordinance provided that:
(1)
These facilities may not offer food, fuel, or other goods and services for sale and shall provide adequate and clean sanitary facilities;
(2)
The facilities are community-owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision;
(3)
The facilities are associated with a residential development approved by the County for the Critical Area and consistent with all State requirements and Program requirements for the Critical Area;
(4)
Disturbance to the Buffer is the minimum necessary to provide a single point of access to the facilities; and
(5)
If community piers, slips, or moorings are provided as part of the new development, private piers in the development are not allowed.
(i)
Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of (1) or (2) below:
(1)
One slip for each 50 feet of shoreline in the subdivision in the Intensely Developed and L-D-O Zones and one slip for each 300 feet of shoreline in the subdivision in the R-C-O Zone; or
(2)
A density of slips or piers to platted lots or dwellings within the subdivision in the Critical Area according to the following schedule:
| Platted Lots or Dwellings in the Critical Area | Slips |
| Up to 15 | 1 for each lot |
| 16—40 | 15 or 75% whichever is greater |
| 41—100 | 30 or 50% whichever is greater |
| 101—300 | 50 or 25% whichever is greater |
| Over 300 | 75 or 15% whichever is greater |
(j)
Public beaches and other public recreation or education areas. Public beaches or other public water-oriented recreation or education areas including, but not limited to, publicly owned boat launching and docking facilities and fishing piers may be permitted in the Buffer in I-D-O Zones. These facilities may be permitted within the Buffer in L-D-O Zones and R-C-O Zones provided that:
(1)
Adequate sanitary facilities exist;
(2)
Service facilities are, to the extent possible, located outside the Buffer;
(3)
Permeable surfaces are used to the extent practicable, if no degradation of groundwater would result;
(4)
Disturbance to natural vegetation is minimized; and
(5)
Areas for possible recreation, such as nature study, and hunting and trapping, and for education, may be permitted in the Buffer within R-C-O Zones if service facilities for these uses are located outside of the Buffer.
(k)
Research areas. Water-dependent research facilities or activities operated by State, Federal, or local agencies or educational institutions may be permitted in the Buffer, if non-water-dependent structures or facilities associated with these projects are, to the extent possible, located outside of the Buffer.
(l)
Fisheries activities. Lands and water areas with high aquaculture potential will be identified by the County in cooperation with the State when applications for new or expanded fisheries or aquaculture facilities in these areas are submitted to the County. These areas are encouraged for that use and if so used, should be protected from degradation by other types of land and water use or by adjacent land and water uses. Commercial water-dependent fisheries including, but not limited to structures for crab shedding, fish off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations and fisheries activities may be permitted in the Buffer in I-D-O Zones, L-D-O Zones and R-C-O Zones.