Chapter 03. Water-Dependent Facilities and Activities
Regulation .01 Definition.LinkCopy Citation
A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined — Water-Dependent Facility or Activity.
(1)
“Water-dependent facility or activity” means a structure or activity that, by reason of its intrinsic nature or operation or because of its association with an industrial, maritime, recreational, educational, aquaculture, or fishery activity, is dependent on the water and requires location at or near the shoreline or in the buffer.
(2)
“Water-dependent facility or activity” includes:
(a)
A port;
(b)
An intake or outfall structure;
(c)
A marina, another boat-docking facility, or a structure or activity that is essential to the operation of the water-dependent facility, structure, or activity;
(d)
A fuel pump or other fuel-dispensing equipment on a pier, a sanitary sewage pump or other wastewater removal equipment on a pier, and an office on a pier for managing marina operations, such as monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations;
(e)
A public beach and any other public water-oriented recreation area; and
(f)
Any other water-dependent facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds.
Regulation .01-1 . Applicability.LinkCopy Citation
A.
The provisions of this chapter are not applicable to:
(1)
A private pier that:
(a)
Is installed or maintained by a riparian landowner; and
(b)
Is not part of a residential project that provides a community pier or other community boat-docking or storage facility under Regulation .07 of this chapter; or
(2)
A nonwater-dependent project covered under COMAR 27.01.13.
B.
The requirements of COMAR 27.01.02 apply to this chapter.
Regulation .02 Policy.LinkCopy Citation
In developing and updating its Critical Area program, a local jurisdiction shall provide design and locational criteria to assure that a water-dependent facility or activity has minimal individual and cumulative impact on water quality and fish, wildlife, and plant habitats in the Critical Area.
Regulation .03 General Criteria.LinkCopy 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.
Regulation .04 General Requirements for the Location of Water-Dependent Facilities or Activities.LinkCopy Citation
A.
The provisions of this regulation are in addition to the provisions of Regulation .03 of this chapter.
B.
In accordance with the provisions of this chapter and in conjunction with, as applicable, the Departments of Agriculture, the Environment, and Natural Resources, and any other appropriate federal or State agency, a local jurisdiction shall develop a plan for the approval of an area as suitable for the location of a new or expanded water-dependent facility or activity.
C.
In developing the plan required under §B of this regulation, a local jurisdiction shall document how each of the following siting factors is accorded due consideration:
(1)
The impact on the water body upon which the water-dependent facility or activity is proposed that would likely result from the approval of that location, including:
(a)
Alteration of an existing water circulation pattern or salinity regime;
(b)
Adequacy of area flushing characteristics;
(c)
Necessity of, and proximity to, a dredging operation; and
(d)
Interference with the natural transport of sand;
(2)
Disturbance to:
(a)
An oyster harvest area, as defined in COMAR 08.02.04.11;
(b)
An area covered in a current aquaculture lease, as defined in Natural Resources Article, §4-11A-01, Annotated Code of Maryland;
(c)
A harvest reserve area, as designated under Natural Resources Article, §4-1009.1, Annotated Code of Maryland;
(d)
An oyster sanctuary, as established in COMAR 08.02.04.15A; and
(e)
Any other shellfish located in a shellfish area regulated by the Department of Natural Resources;
(3)
Avoidance of disturbance to water quality and aquatic or terrestrial habitat resulting from the method or manner of dredging; and
(4)
The avoidance or, if avoidance is not possible, the minimization of:
(a)
Disturbance to:
(i)
A wetland;
(ii)
Submerged aquatic vegetation;
(iii)
A habitat of threatened or endangered species or species in need of conservation;
(iv)
In accordance with COMAR 26.08.02.04-2, a water body identified by the Department of the Environment as a Tier II, high quality water body and its watershed;
(v)
In accordance with COMAR 26.08.02.04-3, a water body identified by the Department of the Environment as a Tier III, outstanding natural resource water body and its watershed; and
(vi)
A nontidal wetland of special State concern, as set forth in COMAR 26.23.01.01 and .04, and COMAR 26.23.06; and
(b)
Adverse impact on water quality that would likely result from the facility or activity, such as nonpoint source pollution, sewage discharge, or other pollution related to vessel maintenance.
Regulation .05 Industrial and Port-Related Water-Dependent Facilities and Activities.LinkCopy Citation
A.
The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B.
A local jurisdiction may approve the development of an industrial or port-related water-dependent facility or activity that is located in the buffer in an intensely developed area that:
(1)
Under the provisions of COMAR 27.01.09.01-8 has been designated as a modified buffer area; or
(2)
Is an approved use in accordance with the local Critical Area program.
Regulation .06 Commercial Marinas and Other Water-Dependent Commercial Maritime Facilities and Activities.LinkCopy Citation
A.
The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B.
A local jurisdiction shall require that the operation of each commercial marina and each related commercial maritime facility or activity complies with:
(1)
The requirements of COMAR 26.08.04.09 and, as applicable, COMAR 26.24.04.03; and
(2)
The stormwater, wastewater, noncontact cooling water discharge, and any other applicable requirements of the Department of the Environment.
C.
A local jurisdiction may approve:
(1)
The development of a commercial marina or a related commercial maritime facility or activity located in the buffer of an intensely developed area or a limited development area;
(2)
The redevelopment or expansion of a commercial marina or other related commercial maritime facility or activity located in the buffer of a resource conservation area; or
(3)
The development of a new commercial marina or other related commercial maritime facility or activity located in the buffer of a resource conservation area, if the marina or other related facility or activity is publicly owned and meets all the requirements under Regulation .08 of this chapter.
Regulation .07 Community Piers and Other Community Boat-Docking and Storage Facilities.LinkCopy Citation
A.
The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B.
Subject to the requirements under §C of this regulation, a local jurisdiction may approve the location of a new or expanded community pier or other community boat-docking or storage facility in the buffer if:
(1)
The owner or operator of the pier or facility:
(a)
Does not offer food, fuel, or other goods and services for sale in the buffer or on the community pier; and
(b)
As applicable, complies with the requirements of COMAR 26.24.04.03;
(2)
The pier or facility is community-owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision;
(3)
The pier or facility is associated with a residential project approved by the local jurisdiction as consistent with all State and local program requirements;
(4)
Disturbance to the buffer is the minimum necessary to provide a single point of access to the pier or facility; and
(5)
If a community pier is provided as part of a new residential project, private piers are prohibited in that residential project.
C.
The number of slips authorized at a pier or facility shall be the lesser of §C(1) or (2) of this regulation:
(1)
One slip for each 50 feet of shoreline in a residential project in the intense development and limited development areas, and one slip for each 300 feet of shoreline in a residential project in the resource conservation area; or
(2)
A density of slips to platted lots or dwellings within a residential project in the Critical Area according to the following schedule:
Regulation .08 Public Beaches and Other Public Water-Oriented Recreation or Education Areas or Activities.LinkCopy Citation
A.
The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B.
A local jurisdiction may approve the location of:
(1)
A public beach or other public water-oriented recreation or education area or activity in the buffer of:
(a)
An intensely developed area; or
(b)
A limited development area or a resource conservation area if:
(i)
Adequate sanitary facilities exist;
(ii)
Sanitary and service facilities are, to the extent possible, located outside the buffer;
(iii)
A permeable surface is used to the extent practicable, if no degradation of ground water would likely result; and
(iv)
Disturbance to natural vegetation is first avoided or, if unavoidable, minimized; or
(2)
A public passive outdoor recreation or education area, such as for hiking, hunting, trapping, or nature study, in the buffer of a limited development area or a resource conservation area if sanitary and service facilities to support these uses are located outside the buffer.
Regulation .09 Research-Associated and Education-Associated Water-Dependent Facilities or Activities.LinkCopy Citation
A.
The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B.
As applicable, if an associated nonwater-dependent project is located outside the buffer, a local jurisdiction may approve the location in the buffer of a research-associated water-dependent facility or activity or of an education-associated water-dependent facility or activity.
Regulation .10 Aquaculture and Fishery Facilities and Activities; Water Quality Restoration.LinkCopy Citation
A.
The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.
B.
A local jurisdiction may approve the location of the following facilities and activities in the buffer:
(1)
A shore-based facility or activity necessary for a commercial aquaculture operation;
(2)
A commercial water-dependent fishery facility or activity, including a structure for crab shedding, a fish off-loading dock, and a shellfish culture operation; and
(3)
A facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds.
Chapter annotations
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland
History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)