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

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

### Chapter 13 — Nonwater-Dependent Projects

#### Regulation .01 Definition.

*COMAR 27.01.13.01*

A. In this chapter, “nonwater-dependent project” means a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private wetlands.

B. “Nonwater-dependent project” includes:

  (1) A dwelling unit on a pier;

  (2) A restaurant, a shop, an office, or any other commercial building or use on a pier;

  (3) A temporary or permanent roof or covering on a pier;

  (4) A pier used to support a nonwater-dependent use; and

  (5) A small-scale renewable energy system on a pier, including:

    (a) A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment;

    (b) A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and

    (c) A wind energy system and its wind turbine, tower, base, or other necessary equipment.

C. “Nonwater-dependent project” does not include:

  (1) A fuel pump or other fuel-dispensing equipment on a pier;

  (2) A sanitary sewage pump or other wastewater removal equipment on a pier;

  (3) An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations; or

  (4) A water-dependent facility or activity covered under COMAR 27.01.03.