In this chapter, “300-foot setback” means an area that is at least 300 feet landward from the mean high water line of tidal waters or from the landward boundary of a tidal wetland that is provided on a growth allocation site in order to provide habitat and stormwater benefits to supplement benefits required in accordance with COMAR 27.01.09. The Commission is charged with the development of criteria that will accommodate growth, and provide for the conservation of habitat and the protection of water quality in the Critical Area. In this chapter, criteria are proposed for directing, managing, and controlling development, including residential, commercial, institutional, industrial, and related facilities, so that the adverse impacts of growth in the Critical Area are minimized. These criteria are based on the general policies in Regulation .02 of this chapter. The Commission recognizes these types of land classifications: Intensely developed areas; Limited development areas; and Resource conservation areas. A local jurisdiction shall: Based on the criteria stated in Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, and in this subtitle, identify each of the land classifications within its jurisdiction; and Develop policies and programs to achieve the objectives proposed by the Commission. The policies and programs developed under §B(2) of this regulation shall include all of the following provisions: Development in each type of land classification shall be subject to strict criteria in order to prevent adverse impacts on water quality or fish, wildlife, or plant habitat; It is preferable to direct intense development activities outside the Critical Area; If proposed in the Critical Area, an intense development activity is appropriately located in an intensely developed area; Low intensity development may be authorized in a limited development area; Land uses in a resource conservation area are primarily designated for nature-dominated environments, such as wetlands, forests, and abandoned fields, and resource-utilization activities, such as agriculture, forestry, and fishery activities; and It is a priority to improve the quality of stormwater entering the Chesapeake or Atlantic Coastal Bays or their tributary streams. A local jurisdiction shall maintain areas of public access to the shoreline, and, if possible, encourage the establishment of additional areas of shoreline access for public use, such as foot paths, scenic drives, and other public recreational facilities. In developing and updating its Critical Area program, a local jurisdiction shall refer to all of the following complementary State statutes and regulations, including: For soil erosion and sediment control, management measures shall be consistent with the requirements of Environmental Article, §§4-101—4-116, Annotated Code of Maryland, and COMAR 26.17.01; For stormwater runoff, stormwater management measures shall be consistent with the requirements of Environmental Article, §§4-201—4-215, Annotated Code of Maryland, and COMAR 26.17.02; For shore erosion, shoreline stabilization measures shall be consistent with the requirements of Environmental Article, Title 16, Annotated Code of Maryland, and COMAR 26.24.04; and Any other applicable State statute or regulation. Applicability. The provisions of this regulation may not be construed to limit a local jurisdiction from restricting an activity or facility if the local jurisdiction considers the activity or facility to be detrimental to its water quality, or fish, wildlife, or plant habitat. A local jurisdiction may not authorize a development activity or facility in the Critical Area if, by its intrinsic nature, the activity or facility has the potential to cause an adverse effect on water quality, or fish, wildlife, or plant habitat, unless: For an activity or facility such as nonmaritime heavy industry: It is located within an intensely developed area; It fully complies with all requirements under Regulation .03 of this chapter; and The owner or operator of the activity or facility demonstrates to all applicable State and local agencies that there will be a net improvement in water quality to the adjacent body of water; or For an activity or facility such as a sanitary landfill or a solid or hazardous waste collection or disposal facility: There is no environmentally acceptable alternative outside the Critical Area; and The activity or facility is necessary in order to correct a water quality or wastewater management problem. In addition to the requirements of §B(1) of this regulation, a local jurisdiction may not authorize a development activity or facility in the Critical Area such as a transportation facility or a utility transmission facility, unless it is: A facility that serves a use identified under the local jurisdiction’s Critical Area program; A linear regional or interstate transportation facility that must cross tidal waters; or A linear regional or interstate utility transmission facility that must cross tidal waters. In addition to the requirements of §B(1)(c) of this regulation, a local jurisdiction may not authorize a development activity or facility in the Critical Area such as a permanent sludge handling, storage, or disposal activity or facility, unless: The activity or facility is associated with a wastewater treatment facility; or In accordance with an approved nutrient management plan under Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland, and COMAR 15.20.04 and .06—.08, sludge is applied on agricultural land that is not in the buffer. Intensely developed areas are those areas where residential, commercial, institutional, or industrial developed land uses predominate, and where relatively little natural habitat occurs. This land classification shall have at least one of the following features: Housing density is at least four dwelling units per acre; Industrial, institutional, or commercial uses are concentrated in the area; or Public sewer and water collection and distribution systems are currently serving the area and housing density is greater than three dwelling units per acre. Location of Features. Except as authorized under §B(2) of this regulation, the features in §A(1)—(3) of this regulation shall be located in an area of at least 20 adjacent acres, or that entire upland portion of the Critical Area within the boundary of a municipality, whichever is less. The features may be located in an area of less than 20 adjacent acres if: As part of a local program, the Commission has approved an alternative standard for designation of an intensely developed area; and The area is part of a growth allocation approved by the Commission. In developing and updating its Critical Area program, a local jurisdiction shall follow all of these policies when addressing intensely developed areas: Improve the quality of stormwater from developed areas that enters the Chesapeake or Atlantic Coastal Bays or their tributary streams; Accommodate additional development of the type and intensity designated by the local jurisdiction if water quality is not impaired; Minimize the expansion of intensely developed areas into portions of the Critical Area designated as habitat protection areas under COMAR 27.01.09 and resource conservation areas under Regulation .05 of this chapter; Conserve and enhance fish, wildlife, and plant habitats, as identified in COMAR 27.01.09, within intensely developed areas; Minimize the adverse water quality and quantity impact of stormwater and encourage the use of retrofitting measures to address existing stormwater management problems; Cluster future development as a means to reduce lot coverage and to maximize areas of natural vegetation; and With assistance from the State, establish programs to enhance biological resources that provide positive effects on water quality and urban wildlife habitat within the Critical Area, such as urban forestry, landscaping, gardens, wetlands, and aquatic habitat restoration elements. In developing and updating its Critical Area program, a local jurisdiction shall use all of the following criteria for intensely developed areas: A local jurisdiction shall develop a strategy to reduce the impacts on water quality that are generated by existing development. This shall include an assessment of water quality and impacts to biological resources prompted by community redevelopment plans and programs and may further include a public education program, the implementation of urban best management practices, and the use of such techniques as are outlined in §D(9)(a) of this regulation; Development and redevelopment shall be subject to the habitat protection area criteria prescribed in COMAR 27.01.09; A local jurisdiction shall require, at the time of development or redevelopment: Stormwater best management practices, as required by applicable State and local ordinances to minimize adverse impacts to water quality caused by stormwater; If stormwater best management practices do not reduce pollutant loadings by at least 10 percent below the level of pollution on the site prior to development or redevelopment, then [offsets shall be provided.] the local jurisdiction shall require appropriate offsets; and Offsets may be provided either on or off site if: Water quality benefits are equivalent; Benefits are obtained within the same watershed; and Benefits are determined through the use of modeling, monitoring, or other computation of mitigation measures; A local jurisdiction shall prohibit the location of a road, bridge, or utility in any portion of the Critical Area designated as a habitat protection area under COMAR 27.01.09, unless there is no feasible alternative; If the location of a road, bridge, or utility in a habitat protection area is authorized under §D(4) of this regulation, a local jurisdiction shall ensure that the design, construction, and maintenance of the road, bridge, or utility: Provides maximum erosion protection; Minimizes negative impact on wildlife, aquatic life, and their habitats; and Maintains hydrologic processes and water quality; A local jurisdiction shall prohibit the location of a development activity if that development or any related activity would cross or affect a stream, unless there is no feasible alternative; If the location of a development activity is authorized under §D(6) of this regulation, a local jurisdiction shall ensure that the design and construction of the development activity: Prevents increases in flood frequency and severity that are attributable to the development; Retains tree canopy and maintains stream water temperature within a normal variation; and Provides a natural substrate for affected streambeds; Ports and industries which use water for transportation and derive economic benefits from shore access shall be located near existing port facilities. Local jurisdictions may identify other sites for planned future port facility development and use if this use will provide significant economic benefit to the State or local jurisdiction and is consistent with the provisions of COMAR 27.01.03.03—.05 and 27.01.09, and other State and federal regulations; and When the cutting or clearing of trees in forests and developed woodland areas is associated with current or planned development activities, all of the following shall be required Establishment of programs for the enhancement of forest and developed woodland resources such as urban forestry programs, including street tree plantings, gardens, landscaping, and open land buffer plantings; Establishment by regulation that development activities shall be designed and implemented to minimize destruction of forest and woodland vegetation; and Protection for existing forests and developed woodlands identified as habitat protection areas in COMAR 27.01.09. Limited development areas are those areas which are currently developed in low or moderate intensity uses. They also contain areas of natural wildlife and plant habitats, and the quality of stormwater from these areas has not been substantially altered or impaired. This land classification shall have at least one of the following features: Housing density ranging from one dwelling unit per 5 acres up to four dwelling units per acre; Areas not dominated by agriculture, wetland, forest, barren land, surface water, or open space; Areas meeting the conditions of Regulation .03A, but not .03B, of this chapter; or Areas having public sewer or public water, or both. In developing and updating its Critical Area program, a local jurisdiction shall follow all of these policies when addressing limited development areas: Maintain, to the extent practicable, existing areas of natural habitat; Accommodate additional low or moderate intensity development if: This development conforms to the water quality and habitat protection criteria in §§C and D of this regulation; and The overall intensity of development within the limited development area is not increased beyond the level established in a particular area so as to change its prevailing character as identified by density and land use currently established in the area; and Reduce the extent of lot coverage and maximize areas of natural vegetation through consideration of cluster development when planning for future development. In developing and updating its Critical Area program, a local jurisdiction shall require that a developer incorporate all of the following general environmental protection criteria for each development activity in a limited development area: If the location of a road, bridge, or utility in a habitat protection area is authorized under §D(1)(b) of this regulation, the design, construction, and maintenance of the road, bridge, or utility so as to: Provide maximum erosion protection; Minimize negative impact on fish, wildlife, and their habitats; and Maintain hydrologic processes and water quality; Prohibition on the location of a development activity if that development or any related activity would cross or affect a stream, unless there is no feasible alternative; If the location of a development activity is authorized under §C(2) of this regulation, the design and construction of the development activity so as to: Reduce increases in flood frequency and severity that are attributable to development; Retain tree canopy so as to maintain stream water temperature within normal variation; Provide a natural substrate for streambeds; and Minimize the adverse water quality and quantity impact of stormwater; All development sites shall incorporate a wildlife corridor system that connects the largest undeveloped, or most vegetated tracts of land within and adjacent to the site in order to provide continuity of existing wildlife and plant habitats with offsite habitats. The wildlife corridor system may include habitat protection areas identified in COMAR 27.01.09. A local jurisdiction shall ensure the maintenance of the wildlife corridors by requiring the establishment of conservation easements, restrictive covenants, or similar instruments through which the corridor is preserved by public or private groups, including homeowner associations, nature trusts, and other organizations; For the cutting or clearing of trees in forest and developed woodland areas which are associated with current or planned development activities in the limited development area, a local jurisdiction shall: Require that the developer consider the recommendations of the Department of Natural Resources when planning development on forested lands; Require that development activities be designed and implemented to minimize destruction of woodland vegetation; and Provide protection for forests and developed woodlands identified as habitat protection areas in COMAR 27.01.09; For the alteration of forest and developed woodland areas in the limited development area, a local jurisdiction shall apply all of the following criteria: The total acreage in forest and developed woodland within a jurisdiction in the Critical Area shall be maintained or, preferably, increased; All forests and developed woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis; If a developer is authorized to clear more than 20 percent of a forest or developed woodland on a lot or parcel, the developer shall replace the forest or developed woodland at 1.5 times the areal extent of the forest or developed [woodlands] woodland cleared, including the first 20 percent of the forest or developed woodland cleared; A developer may not clear more than 30 percent of a forest or developed woodland on a lot or parcel, unless the local jurisdiction: Authorizes the removal of more than 30 percent by the granting of a variance; or Adopts procedures for the removal of more than 30 percent of a forest or developed woodland and the Commission has approved those procedures as part of a local program; and If a developer is authorized to clear any percentage of forest or developed woodland from forest use under §C(6) of this regulation, the remaining percentage shall be maintained through recorded, restrictive covenants or similar instruments; For forest and woodland development, a local jurisdiction shall adhere to all of the following criteria : A local program shall make provision for surety to be provided by owners or developers in an amount acceptable to the local jurisdiction and suitable to assure satisfactory replacement as required by §C(6) of this regulation; Local permits or approvals shall be required before forest or developed woodland is cleared; Forests and developed woodlands which have been cleared before obtaining a local permit or approval, or that exceed the maximum clearing allowed in §C(6) of this regulation shall be replanted at three times the areal extent of the cleared forest and developed woodlands; If the areal extent of the site limits the application of §C(6) and (7)(c) of this regulation, a local jurisdiction may develop alternative provisions or reforestation guidelines that: In accordance with the intent and requirements of COMAR 27.01.05, conserve the forest and developed woodland resources of the Critical Area; and May include fees-in-lieu provisions if the fee is adequate to ensure the restoration or establishment of an equivalent forest or developed woodland area; If no forest is established on proposed development sites, these sites shall be planted to provide a forest or developed woodland cover of at least 15 percent; All forests designated on development plans shall be maintained, to the extent practicable, through conservation easements, restrictive covenants, or other protective instruments; The developer shall designate, subject to the approval of the local jurisdiction, a new forest area on a part of the site not forested; and The afforested area shall be maintained as forest cover through easements, restrictive covenants, or other protective instruments; Disturbance on a slope measuring at least 15 percent, as measured before disturbance, shall be prohibited unless the disturbance is the only effective way to stabilize the slope and is consistent with the policies in §B of this regulation; A local jurisdiction shall limit lot coverage on a parcel in accordance with all of the following maximums: When a site is mapped entirely as a limited development area, 15 percent of the total site; When a portion of a lot or parcel is mapped as a limited development area, 15 percent of that portion of the lot or parcel; and In the case of a growth allocation award: 15 percent of the growth allocation development envelope; or 15 percent of the acreage proposed for growth allocation deduction; and A local jurisdiction may authorize development activity on soils having development constraints if the jurisdiction includes mitigation measures that: Adequately address the identified constraints; and Will not have significant adverse impacts on water quality or fish, wildlife, or plant habitat. In addition to the general environmental protection criteria required under §C of this regulation, a local jurisdiction shall require that a developer incorporate all of the following criteria, as applicable to each development activity in a limited development area: For a habitat protection area: Criteria as provided in §C(5)(c) of this regulation and in COMAR 27.01.09; and Prohibition on the location of a road, bridge, or utility in any portion of the Critical Area designated as a habitat protection area under COMAR 27.01.09, unless there is no feasible alternative; and For a water-dependent facility or activity, criteria as provided in COMAR 27.01.03. Resource conservation areas are those areas characterized by nature-dominated environments such as, wetlands, forests, or abandoned fields, and resource-utilization activities such as, agriculture, forestry, fisheries activities, or aquaculture. This land classification shall have at least one of the following features: Density is less than one dwelling unit per 5 acres; or Dominant land use is in agriculture, wetland, forest, barren land, surface water, or open space. In developing and updating its Critical Area program, a local jurisdiction shall follow all of these policies when addressing resource conservation areas: Conserve, protect, and enhance the overall ecological values of the Critical Area, its biological productivity, and its diversity; Provide adequate breeding, feeding, and wintering habitats for wildlife populations that require the Chesapeake and Atlantic Coastal Bays, their tributaries, or coastal habitats in order to sustain their species; Conserve the land and water resource base that is necessary to maintain and support land uses such as agriculture, forestry, fisheries activities, and aquaculture; Conserve the existing developed woodlands, forests, and riparian areas for the water quality benefits that they provide; Promote agricultural and conservation easements; Encourage tax incentives or other incentive or disincentive programs that promote the continuation of agriculture, forestry, and natural habitats; and Consider cluster development, transfer of development rights, maximum lot size provisions, and any other means likely to maintain the land area necessary to support the protective uses. In developing and updating its Critical Area program, a local jurisdiction shall use all of the following criteria for resource conservation areas: Land use management practices shall be consistent with the policies and criteria for habitat protection areas in COMAR 27.01.09, the policies and criteria for agriculture in COMAR 27.01.06, and the policies and criteria for forestry in COMAR 27.01.05; Land within the resource conservation area may be developed for residential uses at a density not to exceed one dwelling unit per 20 acres. A local jurisdiction: Shall calculate and track density rights that are to be recorded on a subdivision plat; and May not authorize a variance to the maximum density of one dwelling unit per 20 acres; Existing industrial and commercial facilities, including those that directly support agriculture, forestry, aquaculture, or residential development not exceeding the density specified in §C(2) of this regulation, shall be allowed in resource conservation areas; Additional industrial or commercial facilities may not be located in the resource conservation area unless the use is authorized by a local program; Institutional facilities may not be located in the resource conservation area unless the use is authorized by a local program; A commercial, institutional, or industrial solar energy generating system may be authorized in accordance with COMAR 27.01.14; A local jurisdiction shall develop a program to assure that the overall acreage of forest and woodland within its resource conservation areas does not decrease; Development activity within the resource conservation area shall be consistent with the criteria for limited development areas in Regulation .04 of this chapter; and Limitations on lot coverage on a parcel shall be in accordance, as applicable, with the following maximums: When a site is mapped entirely as a resource conservation area, 15 percent of the total site; and When a portion of a lot or parcel is mapped as a resource conservation area, 15 percent of that portion of the lot or parcel. Notwithstanding any other provision of law, a participant in an agricultural easement program may convey real property impressed with an agricultural easement to a family member, if the conveyance will not result in a density greater than one dwelling unit per 20 acres. A local jurisdiction shall calculate its growth allocation based on 5 percent of the total resource conservation area in its Critical Area at the time of original approval of the local jurisdiction’s program by the Commission, excluding: Tidal wetlands; and Land owned by the federal government. A county shall coordinate future expansions of intensely developed areas and limited development areas in coordination with affected municipalities. A local jurisdiction shall require an application for new intensely developed or limited development areas to be: In conformance with the requirements of this subtitle; and Designated on the locally approved Critical Area map that is submitted by the local jurisdiction as part of its application to the Commission for growth allocation approval. If a local jurisdiction has within its territorial limits an area that is subject to the Chesapeake Bay Critical Area program and an area that is subject to the Atlantic Coastal Bays Critical Area program, the growth allocation for that jurisdiction may be utilized within either Critical Area in accordance with Natural Resources Article, §8-1808.1(d), Annotated Code of Maryland. As part of an approved growth allocation by the Commission, the local jurisdiction shall enforce: A buffer management plan; A habitat protection plan; and Other applicable conditions of approval as determined by the Commission at the time of project approval. The Commission may not accept for processing a growth allocation request unless all of the following are provided at the time of submittal: All information and documentation relevant to the local jurisdiction's determination that the project meets the standards listed under Natural Resources Article, §8-1808.1(c)(2), Annotated Code of Maryland, and Regulation .06-3 of this chapter; All information and documentation that addresses the factors to be considered by the Commission under Natural Resources Article, §8-1808.1(c)(4), Annotated Code of Maryland, and Regulation .06-3 of this chapter; A conceptual site development plan; An environmental features map; In accordance with Regulation .06-2 of this chapter, an environmental report that demonstrates that the project has been designed and will be constructed in compliance with all requirements of the proposed Critical Area land classification; For the following resources, as appropriate for the project site and each government agency, a preliminary review and comment from the Department of the Environment, Department of Natural Resources, Maryland Historical Trust, and U.S. Army Corps of Engineers regarding: Threatened and endangered species, and species in need of conservation; Forest interior dwelling birds and colonial nesting water birds; Anadromous fish and their propagation waters and other aquatic species located on-site; Wildlife and plant habitats and waterfowl staging and concentration areas; Submerged aquatic vegetation; Riparian forests and tidal and nontidal wetlands; and Natural heritage areas and other historical and cultural resources; A map that shows the land area where the local jurisdiction proposes a change to a Critical Area land classification; and Verification that the amount of proposed growth allocation indicated on the map submitted under §A(7) of this regulation is accurate and equal to the amount of growth allocation to be deducted from the local jurisdiction's existing total allotment of growth allocation. The conceptual site development plan and environmental features map required under §A(3) and (4) of this regulation shall each include: The name of the project and its street address; Tax map information that includes, as applicable, the: Tax map number; Block number; Parcel number; and Lot number; A site plan with a scale provided at 1"=10', 1"=20', 1"=30', 1"=40', 1"=50', 1"= 60', or 1"=100'; Orientation; A vicinity map with the project site clearly identified; Existing parcel and tract boundaries or lot lines; The project boundary; The limits of disturbance; A proposed development envelope; All Critical Area boundaries, including existing and proposed land classifications and the land classification of all lots or parcels adjacent to the project site; The boundaries of the 100-year floodplain; The field-run topography; Vegetative cover information by acre or square footage, including: Field determination of existing forest and developed woodland cover; Location of proposed forest and developed woodland clearing; and As applicable, location of proposed afforestation and reforestation areas; Soil features of the project and where each soil type is located; Field determination of each intermittent stream and each perennial stream; A delineation of the buffer; As applicable and in accordance with the requirements of COMAR 27.01.09.01E or the local program, a delineation of an expanded buffer that is necessary because of a contiguous slope of 15 percent or greater or the presence of a hydric soil, highly erodible soil, or a nontidal wetland; When converting from a resource conservation area to a limited development area or an intensely developed area, the location and extent of the 300-foot setback; A field-delineated location and description of the extent of a nontidal wetland, including the buffer from that nontidal wetland, that is: In accordance with the provisions of COMAR 26.23.01; and Unless the Commission determines an otherwise acceptable period of time, less than 2 years old; Unless the Commission determines an otherwise acceptable period of time, a field-delineated location and description of the extent of a tidal wetland that is less than 2 years old, including the delineation of State and private tidal wetland boundaries; Identification and location of all wildlife habitat and plant habitat, including a nesting site of colonial nesting water birds, a waterfowl staging and concentration area, a riparian habitat, a habitat of forest interior dwelling birds, a locally significant habitat, and a natural heritage area; Identification and location of habitat of threatened and endangered species, and species in need of conservation; Identification and location of anadromous fish propagation waters; Location of existing and proposed area of lot coverage, including identification of a building, road, parking lot, and any other area that contributes to lot coverage; Location of any other proposed development feature, including an outlot, storm drain and outfall, utility connection, septic system, stormwater management system, shoreline stabilization measure, and pier; Location of a path or walkway, including those exempt from lot coverage requirements; Location of an existing or proposed mitigation area that is required because of an impact on forest, developed woodland, wetland, buffer, or other habitat protection area; and If applicable: The identification and location of agricultural land, a surface mining site, natural park, dredging activity, and dredge material disposal area; and The boundary and area of an existing easement, the identity of the easement holder, and any restriction on development as a result of the easement. The environmental report required under Regulation .06-1A(5) of this chapter shall include all of the following: A project description; The subdivision and development history: Between December 1, 1985 and the date of growth allocation application in the Chesapeake Bay Critical Area; and Between June 1, 2002 and the date of growth allocation application in the Atlantic Coastal Bays Critical Area; A brief narrative that describes: The type of project; The proposed change of Critical Area land classification; and How the growth allocation would support the jurisdiction's overall planning goals, including reference to the relevant sections of the local jurisdiction's adopted comprehensive plan, water and sewer plan, and adopted zoning ordinance; Total acreage in the Critical Area and total acreage for which Critical Area designation is proposed to be changed; Total forest, developed woodland, and vegetated area proposed to be cleared; Method and description of proposed stormwater management, including all qualitative and quantitative management measures; In the intensely developed area, the preliminary plan for compliance with the 10 percent pollutant reduction rule, including all worksheets and all supporting documentation; Measures proposed for soil erosion and sediment control, including implementation strategy; In the limited development area and resource conservation area, existing and proposed lot coverage information, calculated by square feet of coverage for each lot and total area of lot coverage within the limited development area and total area of lot coverage within the resource conservation area; Mitigation required for clearing of forest area, developed woodland, or vegetation in accordance with the requirements of Regulations .04C and .05C(9) of this chapter, COMAR 27.01.05, or the local program; If applicable, the proposed afforestation area: In the Chesapeake Bay Critical Area, in the limited development area and the resource conservation area; and In the Atlantic Coastal Bays Critical Area, in all land classifications; Identification of the local zoning district and that district's defining characteristics; A buffer management plan, consistent with §B of this regulation if: It is a condition of development that the buffer be established on the development site; A proposed development activity impacts the buffer; or The removal of trees or vegetation in the buffer, including invasive species, is proposed; and If the proposed development will impact an identified habitat protection area, a habitat protection plan that is consistent with §C of this regulation. If §A(13) of this regulation is applicable, the local jurisdiction shall require the developer to prepare a buffer management plan in accordance with COMAR 27.01.09.01-3. If §A(14) of this regulation is applicable, a local jurisdiction shall: Require the developer to prepare a habitat protection plan that: Is based on consultation with the Department of Natural Resources and any other appropriate federal or State agency; Identifies any habitat or species on the project site, as set forth under COMAR 27.01.09; and Includes protective measures necessary and appropriate to provide for long-term conservation of the identified habitat and species; and Ensure: That full implementation of the proposed protective measures can be achieved on the project site; and The execution of necessary long-term protective agreements. 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: 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: Policies; Timing of the implementation of the plan; Timing of development; Timing of rezoning; and Development patterns; or For a growth allocation application that is not to be located in a priority funding area, all of the following items in the plan: All of the items under §A(1) of this regulation; Land uses; and Densities or intensities. Except as authorized under Regulation .03B(2) of this chapter, a new intensely developed area shall be at least 20 acres. 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. A local jurisdiction may use a standard that varies from §C of this regulation if: The local jurisdiction is a municipal corporation; or In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester Counties: The county is unable to utilize up to ½ of its total allotted growth allocation acreage; The alternative standard is consistent with the county's adopted comprehensive plan; The Commission has approved the alternative standard as part of the county's program; and The county requires an applicant for growth allocation to cluster development in the growth allocation area. 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: Locate a new intensely developed area in a limited development area or adjacent to an existing intensely developed area; Locate a new limited development area adjacent to an existing limited development area or an intensely developed area; Locate in a manner that: Minimizes impacts to a habitat protection area as defined in COMAR 27.01.01.01; Optimizes benefits to water quality; and Minimizes impacts to the defined land uses of the resource conservation area; 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 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. A local jurisdiction may use a standard that varies from §E(1) and (2) of this regulation if: The alternative standard is consistent with the local jurisdiction's adopted comprehensive plan; and The Commission has approved the alternative standard as part of the local program. When reviewing a map amendment or refinement involving the use of growth allocation, the Commission shall consider all of the following factors: Consistency with the jurisdiction's adopted comprehensive plan and whether the growth allocation would implement the goals and objectives of the adopted plan; For a new intensely developed area, whether the development will: Be served by a public wastewater system; 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; For a new intensely developed area that is greater than 20 acres, be located in a priority funding area; and Have a demonstrable economic benefit to the area; For a new limited development area, whether the development will: Be served by a public wastewater system or septic system that uses the best available nitrogen removal technology; Complete an existing subdivision; Expand an existing business; or Be clustered; The use of existing public infrastructure, where practical; 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; Impacts on a priority preservation area, as defined under Agriculture Article, §2-518, Annotated Code of Maryland; Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development. 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. Definitions. In this regulation, the following terms have the meanings indicated. Defined Terms. “Deduction” means the total number of growth allocation acres that are necessary for approval of a growth allocation project and, after approval by the Commission, are subtracted from the growth allocation reserves of the local jurisdiction in which the project is located. “Growth allocation envelope” means all of the proposed components of a growth allocation project that are necessary to serve the proposed development, including an individually owned lot, lot coverage, a road, a utility, a stormwater management measure, an on-site sewage disposal measure, an active recreation area, and additional acreage needed to meet the development requirements of the Critical Area criteria. A local jurisdiction shall deduct acreage from its growth allocation reserves: For the total number of acres of a parcel for which growth allocation is approved if, as of December 1, 1985 in the Chesapeake Bay Critical Area or June 1, 2002 in the Atlantic Coastal Bays Critical Area: The parcel was less than 20 acres; or The parcel was at least 20 acres but the growth allocation application does not qualify for use of a growth allocation envelope under §B(2) of this regulation; or For the number of growth allocation acres approved within a growth allocation envelope, if: Areas that support the proposed development are included within the growth allocation envelope; and When converting: A resource conservation area to a new limited development area or a new intensely developed area, the remaining resource conservation area on the parcel outside the growth allocation envelope is at least 20 acres; or A limited development area to a new intensely developed area, the new intensely developed area is at least 20 acres unless a lesser amount is approved in accordance with Regulation .03B(2) of this chapter. Applicability. The provisions of §§D and E of this regulation are applicable to a growth allocation application to convert a resource conservation area to a new limited development area or a new intensely developed area when the application uses a growth allocation envelope under §B(2) of this regulation. A local jurisdiction shall make a determination under §E of this regulation in accordance with the parcel’s resource conservation area acreage as it existed: In the Chesapeake Bay Critical Area, on December 1, 1985; or In the Atlantic Coastal Bays Critical Area, on June 1, 2002. A local jurisdiction may not approve the application unless the local jurisdiction, by use of the subdivision and development history required under Regulation .06-2A(2) of this chapter, determines that, given the existing dwelling units and the development potential on the parcel outside the proposed growth allocation envelope, there remains sufficient resource conservation area acreage outside the envelope to support a minimum density of one dwelling per 20 acres, as required under Regulation .05C(4) of this chapter. A local jurisdiction may exclude the following from a growth allocation deduction: The remaining resource conservation area outside a growth allocation envelope in accordance with §B(2)(b)(i) of this regulation; The remaining resource conservation area that is outside a growth allocation envelope and is less than 20 acres if: The remaining resource conservation area on the growth allocation parcel is adjacent and contiguous to a permanently protected resource conservation area on another parcel; and The sum of the total acreage of the remaining resource conservation area on the growth allocation parcel and the acreage of the permanently protected resource conservation area on another parcel is at least 20 acres; The acreage of a 300-foot setback, even when it is less than 20 acres; The acreage within the buffer required in COMAR 27.01.09.01 when it is within a 300-foot setback; and The acreage of tidal wetlands on the parcel. A local jurisdiction shall authorize a maximum of one growth allocation envelope per parcel unless: Deduction of more than one growth allocation envelope will provide a water quality or habitat benefit; and The Commission approves the use of more than one growth allocation envelope. A local jurisdiction shall require deduction of the number of growth allocation acres that are shown on the locally approved map. When a 300-foot setback is not provided, a local jurisdiction shall require deduction for the area of the buffer required under COMAR 27.01.09.01. After program approval, local jurisdictions shall allow the continuation, but not necessarily the intensification or expansion, of any use in existence on the date of program approval, unless the use has been abandoned for more than 1 year or is otherwise restricted by existing local ordinances. If any existing use does not conform with the provisions of a local program, its intensification or expansion may be [permitted] authorized only in accordance with the variance procedures outlined in COMAR 27.01.12. Local jurisdictions shall establish grandfather provisions as part of their local Critical Area programs. Except as otherwise provided, local jurisdictions shall allow the development of the types of land described in the following subsections in accordance with density requirements in effect prior to the adoption of the local Critical Area program, notwithstanding the density provisions of this chapter: A single lot or parcel of land that was legally of record on the date of program approval to be developed with a single family dwelling, if a dwelling is not already placed there, notwithstanding that the single family dwelling may be inconsistent with the density provisions of the approved local program; Any land on which development activity has progressed to the point of the pouring of foundation footings or the installation of structural members; Any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985, and land that was subdivided into recorded, legally buildable lots, where the subdivision received the local jurisdiction's final approval prior to June 1, 1984, if: The local jurisdiction develops, as part of its program, procedures to bring these lands into conformance with the local Critical Area program insofar as possible, including the consolidation or reconfiguration of lots not individually owned, and these procedures are approved by the Commission, or The land has received a building permit subsequent to December 1, 1985 but prior to local program approval, and is located in a resource conservation area, then the acreage of that land shall be deducted from the total growth allocation allotted to the local jurisdiction under Regulation .06 of this chapter, unless the Commission determines at the time of program approval that steps had been taken to conform the development to the criteria in this subtitle insofar as possible; In accordance with Natural Resources Article, §8-1813, Annotated Code of Maryland, land that was subdivided into recorded, legally buildable lots, where the subdivision received the local jurisdiction's final approval between June 1, 1984 and December 1, 1985; and Land that was subdivided into recorded, legally buildable lots, where the subdivision received the local jurisdiction's final approval after December 1, 1985, if: Development of any such land conforms to the criteria in this subtitle; or The acreage of that land is deducted from the total growth allocation allotted to the local jurisdiction under Regulation .06 of this chapter. For purposes of implementing this regulation, a local jurisdiction shall have determined, based on land uses and development in existence on December 1, 1985, which land areas fall within the three types of land classifications described in this chapter. Nothing in this regulation may be interpreted as altering any requirements for development activities set out in COMAR 27.01.03 and 27.01.09 of this subtitle. Definition. In this regulation, the following term has the meaning stated. Conforming. “Conforming” means a parcel or lot that meets all Critical Area requirements. “Conforming” does not include a parcel or lot: For which a Critical Area variance is sought or has been issued; or That is in the resource conservation area and is less than 20 acres. Applicability. Except as provided under §C of this regulation, and notwithstanding the location of the affected parcels or lots in a modified buffer area, the provisions of this regulation shall apply to a consolidation or reconfiguration of: In the Chesapeake Bay Critical Area: Any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985; Land that was subdivided into recorded, legally buildable lots, if the subdivision received the local jurisdiction's final approval before June 1, 1984; and Land that was subdivided into recorded, legally buildable lots, if the subdivision received the local jurisdiction's final approval after December 1, 1985, but not later than the date of the jurisdiction's program approval; and In the Atlantic Coastal Bays Critical Area: Any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of June 1, 2002; and Land that was subdivided into recorded legally buildable lots, if the subdivision received the local jurisdiction's final approval before June 1, 2002. The provisions of this regulation do not apply to a conforming parcel or lot. A local jurisdiction may adopt alternative procedures and requirements for the consolidation or reconfiguration of legal parcels of land or recorded, legally buildable lots listed under §B of this regulation if: The alternative procedures and requirements are at least as effective as the Critical Area program under Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, regulations adopted under the authority of that subtitle, and any additional requirements of the local program; and The Commission has approved those alternative procedures and requirements. A local jurisdiction shall include in its local Critical Area program specific, written procedures and requirements for the consolidation and reconfiguration of any legal parcels of land and recorded, legally buildable lots that demonstrate how the proposed consolidation or reconfiguration: Will, to the extent possible: Minimize adverse impacts to water quality; Conserve or create additional or enhanced fish, wildlife, and plant habitats; and Establish land use policies for development activities in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which accommodate growth and address the fact that, even if pollution is controlled, the number, movement, and activities of persons in that area can create adverse environmental impacts; and Will not increase or intensify development activities or human activities in the buffer or any other habitat protection area when compared with those activities that would result from the parcel or lot configuration in existence at the time of application for consolidation or reconfiguration. An application to a local jurisdiction for the consolidation or reconfiguration of any legal parcels of land or recorded, legally buildable lots shall contain at least the following information: The date of recordation of each legal parcel of land or recorded, legally buildable lot to be consolidated or reconfigured; A plan drawn to scale in accordance with local procedures; A plan that shows all existing and proposed parcel or lot boundaries; A table that lists the number of all legal parcels of land or recorded, legally buildable lots and the number of proposed parcels or lots to be derived; and Information sufficient for the local jurisdiction to make the findings set forth in §F of this regulation. A local jurisdiction may not approve a proposed parcel or lot consolidation or reconfiguration unless the local jurisdiction makes written findings that: The proposed consolidation or reconfiguration will not result in a greater number of parcels, lots, or dwelling units in the Critical Area than the configuration in existence at the time of application would allow; In the limited development area or resource conservation area, the proposed consolidation or reconfiguration: Will not result in greater lot coverage than development activities within the configuration in existence at the time of application would allow; and Will not result in greater impact to a steep slope than development activities within the lot configuration in existence at the time of application would allow, if that steep slope is located outside the buffer or expanded buffer; The proposed consolidation or reconfiguration will not: Create an additional riparian parcel or lot, waterfront lot, or any other parcel or lot deeded with water access; or Intensify or increase impacts associated with riparian access; The proposed consolidation or reconfiguration will not create: A parcel, lot, or portion of a parcel or lot that will serve development activities outside the Critical Area; or A resource conservation area parcel or lot that will serve development activities in the intensely developed area or limited development area; The proposed consolidation or reconfiguration identifies each habitat protection area on site, and, if the proposal impacts a habitat protection area, the proposed protective and restoration measures provide for the least possible adverse impact; The proposed consolidation or reconfiguration: Will not result in a greater impact to a habitat protection area than the impact that would result from development activities within the configuration in existence at the time of application; and Will minimize adverse impacts to the habitat protection area; The proposed consolidation or reconfiguration provides: Stormwater management for all proposed development activities; and Benefits to fish, wildlife, and plant habitats that are clearly identified; and The proposed consolidation or reconfiguration fully complies with the afforestation and reforestation requirements in COMAR 27.01.05 and 27.01.09, unless clearing is necessary to avoid a habitat protection area. Final Written Decision or Order. A local jurisdiction shall issue a final written decision or order granting or denying an application for a consolidation, reconfiguration, or a modification or reconsideration of a consolidation or reconfiguration. Within 10 business days after the issuance of a final written decision or order, the local jurisdiction shall send to the Commission a copy of the decision or order and, if applicable, the approved development plan. Appeal. The time period during which the Commission may file an appeal or a petition for judicial review begins on the date of the Commission's receipt of the final written decision or order. Unless a local ordinance or other local legal authority specifies a time period greater than 30 days, the Commission may file an appeal or a petition for judicial review within 30 days of the date of the Commission's receipt of the final decision or order. A local jurisdiction may not issue a permit or approval of any type on a property affected by the final written decision or order until after the expiration of the time within which the Commission may file an appeal or a petition for judicial review. Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland Effective date: May 13, 1986 (12:24 Md. R. 2352) COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986. COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992 Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438) Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380) Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380) Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555) Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177) Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380) Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527) Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527) Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251) Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215) Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380) Chapter revised effective June 9, 2014 (41:11 Md. R. 606) Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218) Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980) Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123) Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123) Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980) Chapter revised effective January 20, 2025 (52:1 Md. R. 19)