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

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

### Chapter 12 — Variances

#### Regulation .06 After-the-Fact Variance Procedures.

*COMAR 27.01.12.06*

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.