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

## Subtitle 02 — Development in the Critical Area Resulting From State and Local Agency Programs

### Chapter 02 — State and Local Agency Actions Resulting in Development of Local Significance on Private Lands or Lands Owned by Local Jurisdictions

**Authority:** Natural Resources Article, §8-1814, Annotated Code of Maryland

**Administrative History:** Effective date: June 11, 1988 (15:7 Md. R. 852)

**Administrative History:** COMAR 14.19.02 recodified to COMAR 27.02.02 in August, 1992

**Administrative History:** Chapter revised effective January 20, 2025 (52:1 Md. R. 19)

#### Regulation .01 Definition.

*COMAR 27.02.02.01*

A. In this chapter, the following terms have the meanings indicated.

B. “Major development” has the meaning stated in COMAR 27.02.01.01.

C. “Minor development” has the meaning stated in COMAR 27.02.01.01.

#### Regulation .02 Criteria.

*COMAR 27.02.02.02*

A. Minor development on private land or lands owned by local jurisdictions, which is caused by State or local agency actions, shall be consistent with the provisions and requirements of the Critical Area program of the local jurisdiction within which the development is proposed.

B. Before initiating or approving these actions, the State or local agency shall obtain certification from the appropriate agency within the local jurisdiction that the actions are consistent with the local Critical Area program. A description of the proposed development and the request for local certification shall be submitted to the Commission.

C. If the Commission determines that a proposed development project is major development, then the Commission will review, and may give approval to, the project in accordance with the provisions of COMAR 27.02.04. The Commission shall notify a local jurisdiction within 15 days of receipt of the request for local certification if it determines that the project is a major development.

D. Copies of the local jurisdiction's approval or denial of certification shall be filed with the Commission.

E. If a local jurisdiction denies certification, then the proposed development may not occur. However, State agencies may appeal denials to the Commission according to the procedures set forth in COMAR 27.02.08.