# 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 .05 Criteria for a Commercial Nonwater-Dependent Project.

*COMAR 27.01.13.05*

Subject to the requirements established under Regulation .04 of this chapter, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project located on State or private wetlands within the Critical Area if the project:

A. Involves a commercial activity that:

  (1) Is permitted as a secondary or accessory use to a permitted primary commercial use;

  (2) Is not located on a pier that is attached to residentially, institutionally, or industrially used property;

  (3) Is located in:

    (a) An intensely developed area; or

    (b) An area that has been excluded from a local Critical Area program, if the exclusion has been approved by the Commission;

  (4) Is approved by the local planning and zoning authorities;

  (5) Allows or enhances public access to State wetlands, if applicable;

  (6) Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;

  (7) Has a height of up to 18 feet, unless the project is located at a marina; and

  (8) Is up to 1,000 square feet in total area; or

B. Is located on a pier that was in existence on or before December 31, 2012, and the project:

  (1) Satisfies all of the requirements under §A(1)—(7) of this regulation; and

  (2) If applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area.