# 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 .04-3 Water-Dependent Facilities and Activities — Site-Specific Criteria.

*COMAR 27.02.05.04-3*

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.