Plain Text Law

Regulation .03 General Criteria.

Regulation .03 General Criteria.Copy Citation

In developing and updating its Critical Area program, a local jurisdiction:
A.
In accordance with Natural Resources Article, §8-1808.3, Annotated Code of Maryland, and COMAR 27.01.09, shall limit development in the buffer to the minimum lot coverage necessary to accommodate each water-dependent facility or activity;
B.
Except as otherwise provided in this chapter, may approve a water-dependent facility or activity in the buffer of an intensely developed area or a limited development area if:
(1)
The facility or activity is water-dependent;
(2)
The facility or activity meets a recognized private right or public need;
(3)
Adverse impacts on water quality and fish, wildlife, and plant habitats are first avoided or, if unavoidable, minimized; and
(4)
Insofar as possible, a nonwater-dependent project associated with the water-dependent facility or activity is located outside the buffer;
C.
Except as otherwise authorized in this chapter, may not approve a water-dependent facility or activity in the buffer of a resource conservation area;
D.
May not approve the placement of dredged material in the buffer or a portion of the Critical Area that has been designated as a habitat protection area, except as necessary for:
(1)
A beneficial use approved by the Board of Public Works or the Department of the Environment, such as:
(a)
Backfill for a shoreline stabilization measure;
(b)
Use in a nonstructural shoreline stabilization measure, including a living shoreline;
(c)
Beach nourishment;
(d)
Restoration of an island;
(e)
The creation, restoration, or enhancement of a wetland, or a fish, wildlife, or plant habitat; or
(f)
Any other approved beneficial use; or
(2)
Placement in an area that was approved for the disposal of channel maintenance dredged material before June 11, 1988; and
E.
Shall ensure:
(1)
The avoidance or, if unavoidable, the minimization of impacts to fish, wildlife, or plant habitat; and
(2)
Mitigation at a ratio of 1:1 based on the square footage of the area of the canopy coverage removed.