# COMAR Title 26 — Department of the Environment

## Subtitle 22 — Coastal Facilities Review

### Chapter 01 — Coastal Facilities Review

**Authority:** Environment Article, §14-503, Annotated Code of Maryland

**Administrative History:** Effective: April 13, 1977 (4:8 Md. R. 641)

**Administrative History:** Regulations .06 and .07 amended effective February 10, 1978 (5:3 Md. R. 138)

**Administrative History:** Chapter recodified from COMAR 08.13.03 to 26.22.01, June 1996

#### Regulation .01 Definitions.

*COMAR 26.22.01.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Coastal area” means all that land and water lying within Anne Arundel, Baltimore, Calvert, Caroline, Cecil, Charles, Dorchester, Harford, Kent, Prince George's, Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester counties, including the waters of the Chesapeake Bay, and waters lying seaward to the State's territorial jurisdiction.

  (2) “Construction” means any clearing, grading, excavation, building, or other action that would affect the natural environment of the coastal area or the commencement of any of these activities. This does not include any activity for the sole purpose of securing biological or geological data or other data for an economic or environmental analysis.

  (3) “Department” means the Department of the Environment.

  (4) “Facility” means:

    (a) Any pipeline designed to carry crude oil or natural gas ashore from offshore sources;

    (b) Any intermediate production terminal or refinery which is designed to process at least 10,000 barrels of crude oil equivalent per calendar day;

    (c) Any oil storage facility designed to handle crude oil, and:

      (i) Whose total design capacity is at least 100,000 barrels,

      (ii) Which occupies at least 50 acres, or

      (iii) Whose average throughput is at least 10,000 barrels per calendar day;

    (d) Any operations base which:

      (i) Includes port and harbor facilities,

      (ii) Occupies at least 25 acres, and

      (iii) Is designed, constructed, and operated as an assembly area for the storage, handling, and transport of supplies whose next and final destination is any oil and/or gas exploration, development, or production-related operation conducted in the territorial sea, contiguous zone, or high seas area; or

    (e) Any fabrication yard which is an assembly operation used for the construction or preparation of petroleum drilling rigs, jackets or platforms, or wellhead installations, whose final destination is installation or operation in the territorial sea, contiguous zone, or high seas area.

  (5) “Government agencies” means the government of the United States, the State of Maryland, or any other state, their political subdivisions, units, or instrumentalities, and interstate units.

  (6) “Intermediate production terminal” means a facility which is designed to perform one or more of the following functions:

    (a) Separation of natural gas from an oil or oil/water mixture or sand from an oil or oil/water mixture;

    (b) Dehydration of natural gas;

    (c) Pressurization of an oil or oil/water mixture or natural gas;

    (d) Extract and treat heavy fractions of natural gas such as butane and propane; or

    (e) Load, offload, or transship crude oil or natural gas in any form.

  (7) “Person” includes corporations, companies, associations, firms, partnerships, and joint stock companies, as well as individuals and government agencies.

  (8) “Secretary” means the Secretary of the Environment.

  (9) “Statement” means the economic, fiscal, and environmental statement required by Environment Article, §14-506, Annotated Code of Maryland.

#### Regulation .02 Statement of Purpose.

*COMAR 26.22.01.02*

These regulations are promulgated to establish procedures governing applications for the construction of facilities in the coastal area and to provide for the comprehensive review and evaluation of coastal facilities applications.

#### Regulation .03 General Procedure.

*COMAR 26.22.01.03*

A. A person may not construct, or cause to be constructed, a facility in the coastal area unless he first obtains a permit pursuant to these regulations.

B. If an application is, in the determination of the Secretary, substantively modified after the review process begins, the application, as modified, shall be processed and evaluated in accordance with these regulations.

C. Facilities for which on-site construction, excluding site preparation, has legally begun before July 1, 1975, are exempt from the provisions of the Coastal Facilities Review Act.

#### Regulation .04 Contents of Application.

*COMAR 26.22.01.04*

A. A person proposing to construct a facility in the coastal area shall file a written application with the Department.

B. The application shall contain the information set forth in this regulation.

C. The application shall contain the applicant's name and business address, and the name, title, and business address of the person or persons authorized to act on behalf of the applicant for the purposes of the application.

D. The application shall contain a summary description of the project including the purpose of the facility, location, design and operating features, provisions to mitigate aesthetic and environmental impacts, preliminary construction cost figures, and general schedules for the engineering, construction, and activation phases of the project.

E. The application shall contain general engineering descriptions for all proposed structures.

F. The application shall contain maps displaying the project as follows:

  (1) A county-wide map at a scale of 1 inch to 1 mile (1:63,360); this map shall include the number of grids in the Maryland Automated Geographic Information System pertaining to the project site;

  (2) A project location map drawn on a current 7.5 minute topographic quadrangle sheet;

  (3) A tax map showing the site by block and lot numbers, the block and lot numbers and acreage of lots within 200 feet of the site shall be included; the names and addresses of the owners of these adjacent lots shall be listed on a separate sheet;

  (4) An existing site conditions map as follows:

    (a) A topographic map and hydrographic chart, if applicable, of the site and its surroundings to a distance of 1,000 feet, prepared at a scale no smaller than 1 inch equals 200 feet, with contour levels for the site portion of the map at intervals not greater than 5 feet;

    (b) The map shall be accompanied by appropriate text identifying and describing the following items:

      (i) Boundary lines of the site, with bearings and distances;

      (ii) General topography and natural features;

      (iii) Existing structures and land uses, including open space, within 1,000 feet of the site;

      (iv) Existing easements on and within 1,000 feet of the site, with their location, width, purpose, and ownership:

      (v) Total acreage of the project site and acreage of the contiguous property owned or controlled by the applicant, if the project for which the permit application is made includes only part of this property;

      (vi) Provisions of municipal zoning ordinances, municipal and county master plans, county water and sewer and solid waste plans, State water quality management plans, transportation and school construction plans, solid waste, critical areas, and official maps applicable to the site and the area within 1,000 feet of the site;

      (vii) Public and private wetlands as defined by Environment Article, §16-101, Annotated Code of Maryland, publicly owned lands, flood plains as defined by 24 CFR §1909.1, and forested lands.

G. The application shall contain a completed Board of Public Works master application form if the application is filed in accordance with the Consolidated Permit Procedures of Article 78A, Annotated Code of Maryland.

H. The application shall contain a detailed project description as follows:

  (1) A conceptual design including maps, diagrams, and engineering descriptions of each structure; the conceptual design shall contain the following information:

    (a) The number of acres of the project site owned, leased, or held under option or other similar arrangement;

    (b) Existing and proposed buildings, major accessory structures and total land required;

    (c) Existing and proposed roads and other transportation facilities such as railroads, entranceways, parking and loading areas, piers, wharves, boat landings, and other port facilities;

    (d) Existing and proposed gas and electric utility, drainage, and other rights-of-way other than roads;

    (e) Project landscaping features;

    (f) Soil erosion and sedimentation control measures;

    (g) Storm water management techniques;

    (h) Improvements to the site and adjacent land including dredging and soil disposal activities; and

    (i) If the project is to be developed in phases, a description of each of the prospective development stages;

  (2) Descriptions and general estimates of construction costs, the construction schedule, and construction methods including the following:

    (a) The total estimated capital cost of the facility;

    (b) The number and types of firms and individuals to be employed during construction, estimates of the total construction materials and payroll, and the value of construction materials and services to be purchased in Maryland;

    (c) The construction timetable for each major component and for the total project;

    (d) The approximate dates construction will begin and end;

    (e) The construction and building techniques including procedures to be taken before or during construction of proposed facilities such as relocation of homes and commercial or industrial facilities, clearing, surveying, and environmental planning;

  (3) A description of the operations of the completed facility including the following items:

    (a) A description of the industrial operations;

    (b) The goods and services to be produced including the dollar value of goods and services if known;

    (c) Estimated annual payroll of the facility; if the facility operations will increase on a phased basis, state the total estimated payroll at each phase;

    (d) Estimated effect of the facility upon State, county, and local taxes and depreciation rates for the facility;

    (e) For both the construction and operational phases of the project, the method of transportation (pipeline, rail, water, air, or highway) for moving materials, equipment, and products to and from the facility and the expected size and weight of trucks and volume of daily truck and auto traffic;

    (f) New transportation facilities (pipelines, roads, rail lines, airports, port facilities) required as a result of construction and operation of facility;

    (g) The type of power and fuels to be used during facility operations;

    (h) The type and estimated amount of solid and liquid waste to be produced by facility construction and operation;

    (i) A description of the number and type of employees including:

      (i) The total number of employees; if the facility operations will increase on a phased basis, state the total for each phase;

      (ii) The largest number of employees on a single shift;

      (iii) If employment will be seasonal, the estimated number of seasonal employees at the peak season; and

      (iv) The estimated percentage of permanent, and temporary, employees to be hired locally;

    (j) The estimated annual amount and dollar value of supplies and services to be purchased in the State during operations;

    (k) Expected date operations will begin;

    (l) Safety provisions for emergency access by police, fire protection, and ambulance services;

    (m) Operating requirements of the facility including an explanation of how the following requirements will be met:

      (i) Electricity and other energy demands;

      (ii) Surface, or ground water, or both;

      (iii) Shoreline access; and

      (iv) Municipal facility improvements and interconnections including water, sewers, highways, and fire services;

  (4) Special facility characteristics including the following information;

    (a) For pipelines:

      (i) Starting point;

      (ii) Terminus;

      (iii) Route;

      (iv) Diameter;

      (v) Total daily throughput capacity;

      (vi) Anticipated operating capacity;

      (vii) Materials to be transported;

      (viii) Operating pressures and temperature;

      (ix) Location of pumping stations;

      (x) Sources of materials to be handled; and

      (xi) Destination of materials to be handled;

    (b) For intermediate production terminals:

      (i) Type and industrial purpose of project;

      (ii) Total daily throughput capacity;

      (iii) Anticipated operating capacity;

      (iv) Materials to be handled;

      (v) Source, destination, and end use of materials to be handled;

    (c) For crude oil storage facilities:

      (i) Total capacity of structures; and

      (ii) Source, destination, and end use of materials to be handled;

    (d) For an operations base:

      (i) Total warehouse area, and office area;

      (ii) Materials to be handled;

      (iii) Source, destination, and end use of materials to be handled;

      (iv) Port, highway, and rail traffic estimates; and

      (v) Operating procedures;

    (e) For fabrication yards:

      (i) Source of major materials;

      (ii) Destination of finished items;

      (iii) Number of structures to be constructed at one time in the facility;

      (iv) Port, highway, and rail traffic estimate;

      (v) Operating procedures to be employed in the facility;

      (vi) Industrial techniques to be employed in the facility; and

      (vii) Provisions for health, safety, general welfare, and pollution containment including written and schematic information on provisions for occupational safety, fire prevention systems, and pollution containment systems including oil containment capability, water pollution containment capability, and air pollution prevention capacity.

I. The application shall contain, for both the construction and operation phases of the project, an identification of potential sources of impacts, including noise, visual, air and water pollution, and other environmental impacts caused by the project.

J. The application shall contain a summary of the probable impacts of the project in at least the following areas:

  (1) Geology and soils of the site and surrounding region;

  (2) Hydrology of the site and surrounding region;

  (3) Vegetation of the site and surrounding region;

  (4) Fish, shellfish, and wildlife of the site and surrounding region;

  (5) Historic, archeological, and cultural resources of the surrounding regions;

  (6) Air quality;

K. The application shall contain a description of the status of all required federal licenses, permits, and other approvals, with attached supporting material, if appropriate.

L. The application shall contain a discussion of the need for the facility in the light of feasible alternatives available to the applicant, concerning, in particular:

  (1) The demand for the goods and services to be provided by the facility, including a discussion of the means employed to determine present and future demands;

  (2) The need for the construction of this particular facility, including:

    (a) An inventory of similar existing facilities operated by or available to the applicant within a reasonable service region and a determination of their available capacity and anticipated expansion of capacity, if any; and

    (b) A documentation of why this identified available capacity or expansion of capacity will not suffice to meet the demand for the service to be provided by the proposed facility;

  (3) Alternatives to the facility, including:

    (a) A concise description of economically and environmentally feasible alternative facilities, facility locations, and industrial processes available to the applicant;

    (b) An evaluation of the advantages and disadvantages, in terms of operating requirements, employment levels, pollution loads, environmental quality costs, and economic impact on local government of each identified alternative; and

    (c) A comparison of the proposed facility with each of the alternatives identified including an analysis of the environmental and economic advantages and disadvantages of each alternative.

M. Completed Application Forms for Licenses or Permits.

  (1) Copies of the following completed application forms for licenses or permits shall be attached if they have been completed:

    (a) Public and private wetlands;

    (b) Oil handler's;

    (c) Surface water appropriations;

    (d) Ground water appropriations;

    (e) Waterway construction and obstruction;

    (f) Water discharge (MPDES); and

    (g) All other applicable State permits.

  (2) Application forms completed after initiation of procedures pursuant to these regulations shall be forwarded at the time of completion.

N. The applicant shall furnish any other information determined by the Department to be necessary for processing the application.

O. The applicant shall certify that all the information contained in the application is true, complete, and accurate to the best of the applicant's knowledge.

#### Regulation .05 Application Distribution.

*COMAR 26.22.01.05*

A. The applicant shall furnish at least 12 copies of the application to the Department.

B. The copies shall be distributed as follows:

  (1) Three copies shall be forwarded to each county and incorporated municipality in which the facility is to be located;

  (2) Six copies shall be retained by the Secretary and distributed to State agencies;

  (3) Two copies shall be placed on open file in public buildings in the county in which the project is to be located; and

  (4) One copy shall be placed on open file at the offices of the Department of the Environment.

C. Upon receipt of a completed application, the Department promptly shall place a notice in the Maryland Register that an application has been received.

#### Regulation .06 Local Certification.

*COMAR 26.22.01.06*

A. An application may not be processed further until the county in which the facility is to be located or in which the pipeline is to terminate has certified to the Secretary one of the following:

  (1) All local land use classifications including zoning, variances, special exceptions, or conditional uses necessary for the location and operation of the facility have been or will be granted;

  (2) The county has postponed certification pending completion of the statement; or

  (3) Local land-use classifications necessary for the location and operation of the facility have been or will be denied.

B. If there has been no local government decision pursuant to §A of this regulation within 60 days after notice that an application has been received appears in the Maryland Register, then the Secretary may assume that the local government has stayed its decision, pursuant to §A(2), and may proceed with preparation of the statement.

C. If the county certifies its approval or stays certification, then the Secretary shall proceed to process the application. If the county notifies the State of its denial, then the application process shall terminate.

D. Once the statement is complete, but before the Secretary's decision, a county that has stayed its decision pursuant to §A(2) of this regulation or by operation of §B of this regulation shall certify to the Secretary one of the following:

  (1) All local land-use classifications including zoning, special exceptions, variances, conditional uses, and other permits or required local government actions necessary for the location or operation of the facility have been granted;

  (2) The county supports the location and operation of the proposed facility and reasonably expects to grant local land-use classifications including zoning, special exceptions, variances, conditional uses, and other permits or required local government actions necessary for the location and operation of the facility; or

  (3) Local land-use classifications necessary for the location or operation of the facility have been or will be denied.

E. If the county certifies its approval pursuant to §D(1) or (2) of this regulation, the Secretary shall continue to process the application. If the county notifies the State of its denial, then the application process shall terminate.

#### Regulation .07 Statement.

*COMAR 26.22.01.07*

A. Once an application has been received and reviewed by State agencies, the Secretary has received the comments of the State agencies, and the county in which the proposed facility is proposed to be located has either certified its approval or stayed certification, the Secretary, after consulting with the applicant, appropriate governmental agencies, and interested parties, shall select appropriate parties to prepare an economic, fiscal, and environmental impact statement. The Coastal Zone Management Program shall coordinate preparation of the statement. The purpose of the statement is to develop and assemble in one document material, facts, and analyses to assist the Secretary and the local government in making a decision on whether to grant, grant conditionally, or deny a permit.

B. To the maximum extent possible, the statement shall incorporate and utilize studies, inventories, and other work relevant to the facility and prepared pursuant to any law including but not limited to the National Environmental Policy Act. The Secretary shall determine the applicability of these materials.

C. The statement shall be filed with the Department within 6 months of the Secretary's designation unless the Secretary extends the period of preparation up to but not more than an additional 12 months for good cause. If the period of preparation is extended, the Secretary shall notify the applicant and the county by letter and shall place a notice in the Maryland Register.

D. Contents of Statement.

  (1) Upon receipt of the advisory comments of other State agencies, the Secretary shall set forth the minimum contents of each statement.

  (2) All statements shall include the following:

    (a) An inventory of existing economic and environmental conditions at the project site and in the immediate area;

    (b) A project description of what is to be constructed, and the manner and construction schedule and the method of construction;

    (c) A complete description of the proposed facility including at least its anticipated size, effluent load, and production levels;

    (d) An assessment of the probable economic, fiscal, and environmental impact of the project upon the natural environment of the project site, coastal area, and the immediate area;

    (e) Recommendations for minimizing any adverse economic, fiscal, or environmental impacts;

    (f) An evaluation of the need for the facility and the relative merits of other possible sites;

    (g) In the case of a refinery, a description of the manner of transportation of the feed stock and the product of the crude oil;

    (h) Expected secondary impacts of constructing the facility, including new residential housing, schools, commercial services, and additional public services;

    (i) Probable adverse environmental impacts of the project that cannot be avoided including irretrievable commitment of resources, which shall include a description of significant secondary consequences and cumulative and long-term effects of the project on the environment and the natural resources base, and the extent to which the project curtails the range of beneficial uses of the environment.

#### Regulation .08 Public Review.

*COMAR 26.22.01.08*

A. The Department shall make the statement available for public review, and shall distribute the statement as provided by Regulation .05 of this chapter.

B. Within 60 days of completion of the statement, the Department shall hold at least one public hearing in the county in which the facility or any part of it is to be located. The purpose of the hearing is to solicit the views of the public concerning the permit application. Comments prepared by the Department or other State agencies, any proposed permits to be issued by a State agency to the applicant, any condition proposed by the Department before granting a permit, and any other pertinent information shall be made available to the public before the public hearing.

C. The Department shall give notice of hearing by placing a public notice in the classified section of appropriate newspapers of Statewide and local circulation and in the Maryland Register. Notice shall also be given to State agencies and local governments.

#### Regulation .09 Permit Evaluation.

*COMAR 26.22.01.09*

A. After receiving advisory comments and recommendations, but not later than 90 days following the completion of the public hearing, and after local certification pursuant to Regulation .06A(1), D(1), or D(2) of this chapter, the Secretary shall grant, grant conditionally, or deny the permit.

B. Secretary's Decision.

  (1) In making his decision, the Secretary shall consider the application, the statement, the advisory comments, the public hearing record, and any other information which may be available to him.

  (2) The Secretary's decision shall be delivered in writing to the applicant and the county and incorporated municipality in which the facility is to be located.

  (3) The Secretary's decision shall be based upon a determination of whether the facility meets the following requirements:

    (a) Conforms with and meets all applicable air, water, noise, and solid waste laws of the State as determined and certified in writing by the appropriate State units with jurisdiction over these laws;

    (b) Conforms with adopted or approved county or local land use planning, the official county or local comprehensive zoning map;

    (c) Conforms with the State development plan, when this plan has been lawfully approved and adopted;

    (d) Would have no material adverse effect upon the natural environment of the area, its scenic or natural beauty, rare or irreplaceable natural resources, or unique historic sites;

    (e) Would not be located or constructed so as to have a material adverse effect upon the public health, safety, or welfare;

    (f) Would not be a potential or immediate undue burden on the water supply of the site or region;

    (g) Would not materially contribute to an extant level of undue environmental degradation or resource exhaustion;

    (h) Conforms with any coastal zone management program developed by the State pursuant to the Federal Coastal Zone Management Act of 1972 as amended;

    (i) Would have no material adverse effect upon critical areas identified and designated pursuant to State Finance and Procurement Article, Title 5, Subtitle 6, and Article 66C, §3.05, Annotated Code of Maryland;

    (j) Would not impose, directly or indirectly, a substantial burden on existing State, regional, or county public facilities beyond their respective capacities, or that new public facilities, if necessary, would be either:

      (i) Completed in time to serve the facility; or

      (ii) Adequate to serve the facility without causing overloading of the public facilities.

#### Regulation .10 Duration of Validity of a Permit.

*COMAR 26.22.01.10*

A. Plans and specifications in the permit and conditions imposed by a permit shall remain in full force and effect so long as the proposed facility, or any portion of it, is in existence unless the permit is modified. A permit is subject to suspension and revocation for violation of its terms and conditions or for violations of the Coastal Facilities Review Act.

B. A permit shall be valid authority to begin construction of a facility within 2 years from the date of issuance of the permit. Upon written request from the permittee, and if the Department determines that the project has not been substantively modified, the Department may extend this authority for 1 year. Not more than three of these 1-year extensions may be approved. If construction does not commence and continue within this 2-year period and no extension is granted, then the permit shall lapse.

#### Regulation .11 Fees.

*COMAR 26.22.01.11*

The applicant shall bear the cost of processing an application and the cost of preparing a statement, according to the following schedule:

A. All applications shall be accompanied by an application fee of $500, which shall be retained by the Department and used to cover initial application processing costs. Processing costs shall be computed at the rate of $15 per man-hour. Costs in excess of $500 shall be billed to the applicant on a monthly basis. An applicant may not be required to pay more than $5,000 processing costs for any one application unless an original application is substantively modified.

B. The applicant shall pay the Department at the rate of $15 per man-hour for in-house time spent by the Department in the preparation of a statement. The applicant shall be billed on a monthly basis for these costs.

C. The applicant shall be responsible for any and all contractual costs incurred by the Department in preparing a statement. The applicant shall be notified by the Department of anticipated contractual costs before signing any contract. The applicant shall remit to the Department on a monthly basis an amount sufficient to cover estimated contractual costs to be incurred during the following month.

D. If the applicant should withdraw his application at any time during preparation of the statement, he shall be responsible only for costs incurred up to and through the withdrawal date and any costs incurred in terminating the application process.

E. The Department shall keep accurate records of all administrative and contractual costs. These records shall be open for inspection by the applicant upon reasonable notice to the Department.