Regulation .04-3 Water-Dependent Facilities and Activities — Site-Specific Criteria.
Regulation .04-3 Water-Dependent Facilities and Activities — Site-Specific Criteria.LinkCopy Citation
A.
The provisions of this regulation are in addition to the provisions of Regulations .04-1 and .04-2 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:
(1)
May locate a water-dependent industrial or port-related facility or activity in the buffer if:
(a)
The facility or activity is in an intensely developed area; and
(b)
The Commission has approved a modification of the buffer requirements under Regulation .09 of this chapter or has duly executed a memorandum of understanding to that effect;
(2)
Shall require that the operation of each commercial marina and each related commercial maritime facility or activity complies with:
(a)
The requirements of COMAR 26.08.04.09 and, as applicable, COMAR 26.24.04.03; and
(b)
The stormwater, wastewater, noncontact cooling water discharge, and any other applicable requirements of the Department of the Environment;
(3)
May develop a commercial marina or a related commercial maritime facility or activity in the buffer of a resource conservation area, upon full satisfaction of all the requirements under §B(4)(a) of this regulation;
(4)
May locate:
(a)
A public beach or other public water-oriented recreation or education area or activity, including a publicly owned fishing pier or a boat launching and docking facility or activity, in the buffer if:
(i)
Adequate sanitary facilities exist;
(ii)
Sanitary and service facilities are, to the extent possible, located outside the buffer;
(iii)
A permeable surface is used to the extent practicable, if no degradation of ground water would likely result; and
(iv)
Disturbance to natural vegetation is first avoided or, if unavoidable, minimized; or
(b)
A public passive outdoor recreation or education area, such as hiking, hunting, trapping, or nature study, in the buffer of a limited development area or a resource conservation area if sanitary and service facilities to support these uses are located outside the buffer;
(5)
As applicable, if an associated nonwater-dependent project is located outside the buffer, may locate in the buffer a research-associated water-dependent facility or activity or an education-associated water-dependent facility or activity; and
(6)
May locate the following facilities and activities in the buffer:
(a)
A shore-based facility or activity necessary for a commercial aquaculture operation;
(b)
A commercial water-dependent fishery facility or activity, including a structure for crab shedding, a fish off-loading dock, and a shellfish culture operation; and
(c)
A facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds.