Regulation .06 After-the-Fact Variance Procedures.
Regulation .06 After-the-Fact Variance Procedures.LinkCopy Citation
A.
A local jurisdiction may not accept an application for a variance to legalize a violation of this subtitle, including an unpermitted or otherwise unauthorized structure or other development activity, until the local jurisdiction:
(1)
Issues a notice of violation; and
(2)
Assesses an administrative or civil penalty for the violation.
B.
A local jurisdiction may not issue a permit, approval, variance, or special exception to legalize a violation of this subtitle unless an applicant has:
(1)
Fully paid all administrative, civil, and criminal penalties imposed under Natural Resources Article, §8-1808(c)(1)(iii)14-15 and (2)(i), Annotated Code of Maryland;
(2)
Prepared a restoration or mitigation plan, approved by the local jurisdiction, to abate impacts to water quality or natural resources as a result of the violation; and
(3)
Performed the abatement measures in the approved plan in accordance with the local Critical Area program.
C.
If a local jurisdiction denies the requested after-the-fact variance, then the local jurisdiction shall:
(1)
Order removal or relocation of any structure; and
(2)
Order restoration of the affected resources.