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

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

### Chapter 14 — Renewable Energy Generating Systems

#### Regulation .07 Fee In Lieu.

*COMAR 27.01.14.07*

A local jurisdiction shall:

A. Collect at least $1.50 per square foot of mitigation as required in Regulation .06 of this chapter;

B. Ensure the fee is adequate to cover the cost associated with administration, acquisition, planting, monitoring, and maintenance for the required mitigation or required planting requirements of Regulation .04D and F of this chapter;

C. Establish a separate account independent of other Critical Area funds, which may not revert to a local jurisdiction’s general fund, for the collection of the fee in lieu;

D. Prohibit the use of the fees to meet other landscaping requirements; and

E. Use the fees to accomplish:

  (1) Off-site plantings in accordance with the options provided in Regulation .06A(1) of this chapter; or

  (2) Other water quality and habitat enhancement projects provided in Regulation .06A(2) of this chapter, and as described in a local Critical Area program approved by the Commission or in an agreement between the local jurisdiction and the Commission.