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

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

### Chapter 03 — Water-Dependent Facilities and Activities

#### Regulation .03 General Criteria.

*COMAR 27.01.03.03*

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.