# COMAR Title 27 — Critical Area Commission for the Chesapeake and Atlantic Coastal Bays

## Subtitle 01 — Criteria for Local Critical Area Program Development

### Chapter 02 — Development in the Critical Area

#### Regulation .06-3 Requirements for New Intensely Developed Areas and Limited Development Areas.

*COMAR 27.01.02.06-3*

A. Definition. In §§E, F, and G(1) of this regulation, “consistency with” or “consistent with” a jurisdiction’s adopted comprehensive plan means that a standard or factor will further, and not be contrary to:

  (1) For a growth allocation application that is to be located in a priority funding area, in accordance with State Finance and Procurement Article, §§5-7B-02 and 5-7B-03, Annotated Code of Maryland, all of the following items in the plan:

    (a) Policies;

    (b) Timing of the implementation of the plan;

    (c) Timing of development;

    (d) Timing of rezoning; and

    (e) Development patterns; or

  (2) For a growth allocation application that is not to be located in a priority funding area, all of the following items in the plan:

    (a) All of the items under §A(1) of this regulation;

    (b) Land uses; and

    (c) Densities or intensities.

B. Except as authorized under Regulation .03B(2) of this chapter, a new intensely developed area shall be at least 20 acres.

C. Except as provided in §D of this regulation, a local jurisdiction may not use more than 1/2 of its total allotted growth allocation acreage to convert a resource conservation area into a new limited development area or a new intensely developed area.

D. A local jurisdiction may use a standard that varies from §C of this regulation if:

  (1) The local jurisdiction is a municipal corporation; or

  (2) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester Counties:

    (a) The county is unable to utilize up to ½ of its total allotted growth allocation acreage;

    (b) The alternative standard is consistent with the county's adopted comprehensive plan;

    (c) The Commission has approved the alternative standard as part of the county's program; and

    (d) The county requires an applicant for growth allocation to cluster development in the growth allocation area.

E. Except as authorized under §F of this regulation, a local jurisdiction shall use all of the following standards when locating new intensely developed areas or limited development areas:

  (1) Locate a new intensely developed area in a limited development area or adjacent to an existing intensely developed area;

  (2) Locate a new limited development area adjacent to an existing limited development area or an intensely developed area;

  (3) Locate in a manner that:

    (a) Minimizes impacts to a habitat protection area as defined in COMAR 27.01.01.01;

    (b) Optimizes benefits to water quality; and

    (c) Minimizes impacts to the defined land uses of the resource conservation area;

  (4) Locate a new intensely developed area or limited development area in a resource conservation area at least 300 feet landward from the mean high water line of tidal waters or from the landward boundary of a tidal wetland, unless the local jurisdiction proposes, and the Commission approves, alternative measures for enhancement of water quality and habitat that provide greater benefits to the resources; and

  (5) For a growth allocation application for a residential subdivision, comply with the requirements and procedures under Environment Article, §9-206, Annotated Code of Maryland, and Land Use Article, Title 1, Subtitle 5, and §5-104, Annotated Code of Maryland.

F. A local jurisdiction may use a standard that varies from §E(1) and (2) of this regulation if:

  (1) The alternative standard is consistent with the local jurisdiction's adopted comprehensive plan; and

  (2) The Commission has approved the alternative standard as part of the local program.

G. When reviewing a map amendment or refinement involving the use of growth allocation, the Commission shall consider all of the following factors:

  (1) Consistency with the jurisdiction's adopted comprehensive plan and whether the growth allocation would implement the goals and objectives of the adopted plan;

  (2) For a new intensely developed area, whether the development will:

    (a) Be served by a public wastewater system;

    (b) Have an allowed average density of at least 3.5 units per acre, as calculated under State Finance and Procurement Article, §5-7B-03(h), Annotated Code of Maryland;

    (c) For a new intensely developed area that is greater than 20 acres, be located in a priority funding area; and

    (d) Have a demonstrable economic benefit to the area;

  (3) For a new limited development area, whether the development will:

    (a) Be served by a public wastewater system or septic system that uses the best available nitrogen removal technology;

    (b) Complete an existing subdivision;

    (c) Expand an existing business; or

    (d) Be clustered;

  (4) The use of existing public infrastructure, where practical;

  (5) Consistency with State and regional environmental protection policies concerning the protection of threatened and endangered species, and species in need of conservation that may be located on-site or off-site;

  (6) Impacts on a priority preservation area, as defined under Agriculture Article, §2-518, Annotated Code of Maryland;

  (7) Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and

  (8) Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development.

H. The Commission shall ensure that the provisions of this regulation have been applied in a manner that is consistent with the purposes, policies, goals, and provisions of this subtitle, and all criteria of the Commission.