Chapter 11. Coast Smart Council
Regulation .01 Scope.LinkCopy Citation
A.
This chapter applies to all units of State and local government that construct projects subject to the Coast Smart Construction Program.
B.
This chapter does not apply to the reconstruction of a highway facility.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
The following terms have the meaning stated in Natural Resources Article, §3-1001, Annotated Code of Maryland:
(a)
“Coast Smart”;
(b)
“Coast Smart Council”;
(c)
“Design criteria”;
(d)
“Siting criteria”;
(e)
“Structure”; and
(f)
“Substantial damage”.
(2)
“Categorical Exemption” means an exemption from the strict application of the Coast Smart siting or design criteria for a class of projects, provided the project has been designed to include adaptation and resiliency features to prevent or mitigate damage to the maximum extent practicable.
(3)
“Coast Smart Map” means the map adopted by the Coast Smart Council delineating the boundary within which the Coast Smart Construction Program applies.
(4)
Coast Smart Construction Program.
(a)
“Coast Smart Construction Program” means the program that establishes Coast Smart siting and design criteria for the construction of new or reconstructed structures and new highway facilities within the boundary established by the Coast Smart Map.
(b)
“Coast Smart Construction Program” includes the Coast Smart Map and the Coast Smart Construction Program Document, adopted by the Coast Smart Council
(5)
Critical or Essential Facilities.
(a)
“Critical or essential facilities” means buildings and other structures that are intended to remain operational in the event of extreme environmental impacts from flood, wind, snow, or earthquakes.
(b)
“Critical and essential facilities” include hospitals, fire stations, police stations, storage of critical records, facilities that handle or store hazardous materials, drinking water and sewage treatment facilities, airports, transit and highway access and other essential transportation, and similar facilities.
(6)
“Emergency” has the meaning stated in Public Safety Article, §14-101, Annotated Code of Maryland.
(7)
“Historic structure” means a structure that is located in the State and:
(a)
Is listed in the National Register of Historic Places;
(b)
Is designated as a historic property under local law and determined by the Director of the Maryland Historical Trust to be eligible for listing on the National Register of Historic Places; or
(c)
Is:
(i)
Located in a historic district listed on the National Register of Historic Places or in a local historic district that the Director of the Maryland Historical Trust determines is eligible for listing on the National Register of Historic Places; and
(ii)
Certified by the Director of the Maryland Historical Trust as contributing to the significance of the district.
(8)
“Passive public access project” means a project that:
(a)
Provides either recreational or scenic access to water bodies or shoreline areas; and
(b)
Requires location within a flood zone for its purpose.
(9)
“Qualifying agency” means a unit of state or local government that funds, plans, designs, constructs, or oversees capital projects subject to the Coast Smart Construction Program.
(10)
“Temporary structure” means a structure intended to be in place for less than 180 consecutive days in any given calendar year.
(11)
“Water-dependent project” means a project that by reason of its intrinsic nature or operation is:
(a)
Dependent on the water;
(b)
Requires location at or near the water; and
(c)
Requires continued direct access to the water as an integral part of its use.
Regulation .03 Applicability.LinkCopy Citation
A.
A project shall comply with the Coast Smart Construction Program if it meets the criteria in §B of this regulation.
B.
The applicable Coast Smart Construction Program criteria are:
(1)
The project is a capital project;
(2)
The project is located within the Coast Smart boundary, as indicated on the Coast Smart Map;
(3)
The project includes:
(a)
The construction of a new structure;
(b)
The reconstruction of a structure with substantial damage; or
(c)
The construction of a new highway facility;
(4)
At least 50 percent of the total project costs are funded with state funds; and
(5)
The total project cost is $500,000 or more.
Regulation .04 Coast Smart Construction Program.LinkCopy Citation
A.
Projects subject to the Coast Smart Construction Program shall satisfy the Coast Smart siting and design criteria specified in the Coast Smart Construction Program Document published on the Department’s website.
B.
For all projects subject to the Coast Smart Construction Program, the Qualifying Agency shall complete the Coast Smart Project Screening Form within the Coast Smart Construction Program Document.
Regulation .05 Categorical Exemptions.LinkCopy Citation
A.
The following categories of projects may be exempt from the strict application of the Coast Smart siting and design criteria:
(1)
Water-dependent projects;
(2)
Passive public access projects;
(3)
Historic structures;
(4)
Temporary structures; and
(5)
Emergency projects.
B.
A qualifying agency may determine that a project qualifies for a categorical exemption, provided that the qualifying agency demonstrates that the project has been designed to include adaptation and resiliency features to prevent or mitigate damage to the maximum extent practicable.
C.
For all projects eligible for a categorical exemption, the qualifying agency must complete the Coast Smart Project Screening Form within the Coast Smart Construction Program Document and indicate the project category for which the exemption applies.
D.
The qualifying agency may request input from the Coast Smart Council regarding the project’s eligibility for and the qualifying agency’s determination of an exemption.
E.
The qualifying agency shall make the final determination as to whether a project qualifies for an exemption.
F.
The qualifying agency shall provide the completed Coast Smart Project Screening Form to the Coast Smart Council upon request.
Regulation .06 Waivers.LinkCopy Citation
A.
A qualifying agency may request a waiver from one or more of the Coast Smart siting or design criteria.
B.
The Governor's Sustainable Growth Subcabinet, established under State Government Article, § 9-1403, Annotated Code of Maryland, shall review and decide waiver requests.
C.
The qualifying agency shall submit to the Governor's Sustainable Growth Subcabinet:
(1)
The Coast Smart Criteria Waiver Form within the Coast Smart Construction Program Document;
(2)
All necessary supporting documents including the Coast Smart Project Screening Form; and
(3)
A letter:
(a)
Identifying the specific siting or design criteria from which a waiver is requested;
(b)
Justification for why the project is unable to meet the Coast Smart siting or design criteria; and
(c)
Factors upon which the waiver request is based, as provided in the Coast Smart Construction Program Document.
Regulation .07 Reporting.LinkCopy Citation
A.
Upon request, a qualifying agency shall submit project information to the Coast Smart Council.
B.
The information shall include the following list of projects:
(1)
Projects that were located within the Coast Smart boundary, as indicated on the Coast Smart Map;
(2)
Projects for which the qualifying agency made a categorical exemption determination; and
(3)
Projects that received waiver determinations from the Governor's Sustainable Growth Subcabinet.
C.
The qualifying agency shall maintain all project information, including the Coast Smart Screening Form, in accordance with the agency's document retention schedule.
Chapter annotations
Authority: Natural Resources Article, §§3-1001, 3-1006, and 3-1009, Annotated Code of Maryland
History: Effective date: December 11, 2025 (52:24 Md. R. 1197)