# 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 .08-3 Surface Mining — Criteria.

*COMAR 27.02.05.08-3*

When surface mining occurs on State-owned land, the agency administering the land shall:

A. Designate each portion of the Critical Area that is unsuitable for surface mining and prohibit surface mining in those locations, including:

  (1) In accordance with the provisions of COMAR 27.01.09, a habitat protection area;

  (2) An area where highly erodible soil exists; and

  (3) An area that is within 100 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream, unless:

    (a) A license, permit, or other approval to conduct a specific aspect of surface mining was issued before June 11, 1988; and

    (b) If expansion of the scope or size of the surface mining activity has occurred since June 11, 1988, the expansion complies with State law and local program requirements;

B. Require the reclamation of a wash pond in accordance with State law and local program requirements;

C. Prohibit the location of a wash plant within the buffer in accordance with COMAR 27.01.09; and

D. If applicable, ensure that a lessee of the affected land obtains all licenses, permits, and other approvals in accordance with State law and local program requirements.