Plain Text Law

Chapter 03. General Approval of State and Local Agency Programs Which Result in Development of Local Significance on Private Lands or Lands Owned by Local Jurisdictions

Regulation .01 Definition.Copy Citation

In this chapter, “minor development” has the meaning stated in COMAR 27.02.01.01.

Regulation .02 Criteria.Copy Citation

A.
Rather than obtaining certification for an individual project or action, as provided in COMAR 27.02.02, a State or local agency may seek a general approval from the Commission for a program or class of activities that will result in development of local significance in the Critical Area, such as forest management plans and soil conservation and water quality plans.
B.
Agencies wishing to apply for general approval shall submit the following information to the Commission:
(1)
A description of the program or class of activities;
(2)
An assessment of the extent to which development resulting from the program or class of activities will be consistent with the criteria described in COMAR 27.01; and
(3)
A proposed process by which the program or class of activities could be so conducted as to conform with the requirements of COMAR 27.01.
C.
The Commission shall seek comments from affected local jurisdictions in the Critical Area on any proposed general approval for State or local agency programs or activities.
D.
The Commission may approve requests for general approval upon considering the comments of the affected local jurisdictions and after finding that the programs or activities conform with the requirements of COMAR 27.01 and will not cause any significant adverse effects on the growth allocation of a local jurisdiction as described in COMAR 27.01.02.06. In approving these requests, the Commission may condition, or request modifications to, the program or class of activities. The Commission may also establish a termination date for any general approval and specify the conditions by which an agency shall be required to seek renewal of a general approval.
E.
The Commission may revoke a general approval with 90 days notice to the affected State or local agency, if the Commission finds that the agency has failed to follow the process described in §B(3), above.
F.
Appeal of the Commission's decision may be made in accordance with the provisions of COMAR 27.02.08.
Chapter annotations
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland
History: Effective date: June 11, 1988 (15:7 Md. R. 852)
History: COMAR 14.19.03 recodified to COMAR 27.02.03 in August, 1992
History: COMAR 14.19.03 recodified to COMAR 27.02.03 in August, 1992
History: Regulation .01A amended effective September 6, 2021 (48:18 Md. R. 694)
History: Regulation .01 recodified to be Regulation .02 effective January 20, 2025 (52:1 Md. R. 19)
History: Regulation .01 adopted effective January 20, 2025 (52:1 Md. R. 19)