The otherwise lawful use of any structure or land existing as of May 27, 1976, may be continued. However, a modification of an existing use or development is subject to the provisions of COMAR 08.15.02 unless the modification is exempted under COMAR 08.15.02.02. If a non-permitted use or development is discontinued for 1 year, it may not be reestablished thereafter and any future use or development shall be in accordance with these regulations. If a non-permitted use or development is damaged by fire or other natural cause, it may be reconstructed or repaired and used for the same use and development if: The reconstructed structure complies with the height and area requirements set forth in these regulations, and does not reduce the setback of the damaged structure; and Reconstruction commences within 1 year from the date of damage and is carried on without interruption until its completion. A person may apply to the Department for an exception to this subtitle. The burden will be on the applicant to demonstrate satisfactorily that: The exception is consistent with the legislative intent of the Scenic and Wild Rivers Act and is not injurious to the scenic and wild character of the river; and Special circumstances as fully described by the applicant affect the land or its structure so that strict application of these regulations, in the case of the applicant only, would cause unnecessary hardship or deprive him of all reasonable use of his property. Land acquired within the scenic corridor before May 27, 1976, which does not meet the development and use specifications of these regulations, such as minimum set-back and lot-size requirements, shall be deemed a special circumstance under this section. The Department shall respond to the request within 60 days of receipt by either granting, conditionally granting, or denying the request. The Department shall hold a public hearing in Garrett County on the application before rendering its final decision. Notice of public hearing shall be published in two newspapers, one of general circulation in Garrett County and one of general circulation in the State. The application procedure for an exception under this regulation is not a contested case hearing under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04. Natural Resources Article, §§1-104 and 8-409; State Government Article, §10-206; Annotated Code of Maryland Effective date: May 26, 1976 (3:11 Md. R. 588) Regulation .01A amended effective September 20, 1999 (26:19 Md. R. 1447) Regulation .02A amended effective February 26, 1979 (6:4 Md. R. 276) Regulation .03A amended effective September 20, 1999 (26:19 Md. R. 1447) Regulation .03C adopted effective April 5, 2010 (37:7 Md. R. 569)