# 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 05 — State Agency Actions Resulting in Development on State-Owned Lands

#### Regulation .04-2 Water-Dependent Facilities and Activities — General Location Requirements.

*COMAR 27.02.05.04-2*

A. The provisions of this regulation are in addition to the provisions of Regulation .04-1 of this chapter.

B. An agency proposing development on State-owned land or responsible for the administration of a water-dependent facility or activity located on State-owned land shall document how each of the following siting factors is accorded due consideration:

  (1) The impact on the water body upon which the water-dependent facility or activity is proposed that would likely result from the approval of that location, including:

    (a) Alteration of an existing water circulation pattern or salinity regime;

    (b) Adequacy of area flushing characteristics;

    (c) Necessity of, and proximity to, a dredging operation; and

    (d) Interference with the natural transport of sand;

  (2) Disturbance to:

    (a) An oyster harvest area, as defined in COMAR 08.02.04.11;

    (b) An area covered in a current aquaculture lease, as defined in Natural Resources Article, §4-11A-01, Annotated Code of Maryland;

    (c) A harvest reserve area, as designated under Natural Resources Article, §4-1009.1, Annotated Code of Maryland;

    (d) An oyster sanctuary, as established in COMAR 08.02.04.15A; and

    (e) Any other shellfish located in a shellfish area regulated by the Department of Natural Resources;

  (3) Avoidance of disturbance to water quality and aquatic or terrestrial habitat resulting from the method or manner of dredging; and

  (4) Avoidance or, if avoidance is not possible, minimization of:

    (a) Disturbance to:

      (i) A wetland;

      (ii) Submerged aquatic vegetation;

      (iii) A habitat of threatened or endangered species or species in need of conservation;

      (iv) In accordance with COMAR 26.08.02.04-2, a water body identified by the Department of the Environment as a Tier II, high quality water body and its watershed;

      (v) In accordance with COMAR 26.08.02.04-3, a water body identified by the Department of the Environment as a Tier III, outstanding natural resource water body and its watershed; and

      (vi) A nontidal wetland of special State concern, as set forth in COMAR 26.23.01.01 and .04, and COMAR 26.23.06; and

    (b) Adverse impact on water quality that would likely result from the facility or activity, such as nonpoint source pollution, sewage discharge, or other pollution related to vessel maintenance.