Definitions. In this chapter, the following words have the meanings indicated. Terms Defined. Intensely Developed Area. “Intensely developed area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland. “Intensely developed area” includes the provisions of COMAR 27.01.02.03. Limited Development Area. “Limited development area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland. “Limited development area” includes the provisions of COMAR 27.01.02.04. “Linear project” includes the portion of a road, bridge, sewer line, water line, electrical line, cable line, fiber optic line, storm drain, gas pipeline, railroad, light rail line, sidewalk, bicycle lane, or similar development that is constrained within a public right-of-way or a dedicated easement. Resource Conservation Area. “Resource conservation area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland. “Resource conservation area” includes the provisions in COMAR 27.01.02.05. “State agency” or “agency” means the executive department within State government that: Owns or is responsible for management of the land on which development will occur; or Proposes a development project. “Wetland migration area” has the meaning stated in COMAR 27.01.14.01. The provisions of this chapter shall apply to an action of a State agency which results in development on State-owned land in the Critical Area, unless the action is included in: A program or class of activities for which the Commission has issued a general approval under COMAR 27.02.03; or A duly executed Memorandum of Understanding between the agency and the Commission that is applicable to the agency’s proposed development. Notwithstanding any of the terms or conditions of a land lease that may exist between a State agency as lessor and a local jurisdiction as lessee, the provisions of this chapter do not apply to development by a local jurisdiction on State-owned land. In order to determine the Critical Area land use classification for an area of State-owned land, the Commission shall use the standards under COMAR 27.01.02.03.05 and 27.01.11. For the purpose of calculating the growth allocation acreage available to each local jurisdiction, the following provisions shall apply: If State-owned land is classified as a resource conservation area under COMAR 27.01.02.05 and 27.01.11, that classification may not change the total acreage of growth allocation available to the local jurisdiction where the land is located; and Development on State-owned land classified by a local jurisdiction as a resource conservation area may not diminish the total acreage of growth allocation available to that jurisdiction. When determining whether the adjacency requirement has been satisfied for an award of growth allocation under COMAR 27.01.02.06-3E(1) or (2), the acreage of State land classified as an intensely developed area or a limited development area may not be considered, unless approved by the Commission. If the action of a State agency will result in development in the Critical Area, the agency, as soon as practicable in the planning process, shall consult with the Commission regarding an assessment of: The requirements under Regulations .03—.15 of this chapter and the likely effects of these requirements on a development project, including the fee simple acquisition or disposal of land in the Critical Area; and Climate resilient practices that address coastal hazards, extreme weather events, sea level rise, and other impacts. At any time during the Commission’s review process, the Commission may comment in writing on a proposed development or land acquisition or disposal, and, when applicable, shall transmit its comments to the agency, but these comments may not prevent the agency from submitting the proposed development for funding or from acquiring or disposing of land. When the Commission determines that the consultation process under §A of this regulation has been completed, a State agency shall submit its proposed development for the Commission’s approval before the earliest to occur of the following stages of development: The commencement of construction or the issuance of a request for proposal for site design, development, or engineering; or For a major transportation capital project, as defined in Transportation Article, §2-103.1, Annotated Code of Maryland, the final project planning phase. In its development proposal under §C of this regulation, an agency shall submit, at a minimum: A description of the development project; Findings that the development project complies with all requirements under Regulations .03—.15 of this chapter, as applicable; All information and documentation required by the Commission; and If applicable, findings under COMAR 27.02.06. The Commission: Shall: Review the description and findings in accordance with the procedures under COMAR 27.02.07; and Seek comments from the local jurisdiction within which the proposed development is located; and May approve, deny, approve with conditions, or send back the proposed development project, based on an assessment of the extent to which the project complies with the requirements under Regulations .03—.14 of this chapter. If the Commission finds that the development project, as proposed or as modified under §E(2) of this regulation, does not comply with the requirements of this chapter, the Commission may not authorize the development to proceed, unless otherwise approved under the provisions of COMAR 27.02.06. A State agency may appeal, or request consideration of, a final decision of the Commission in accordance with the provisions of COMAR 27.02.08. The following general criteria are applicable to development by a State agency on State-owned land: To the maximum extent practicable, a State agency shall locate development outside the Critical Area; A State agency may not locate a solid or hazardous waste acceptance facility on State-owned land in the Critical Area; and Except in the buffer, a State agency may apply, or authorize the application of, sludge in the Critical Area if the application: Occurs on agricultural or horticultural land; and When a permit is required, is in accordance with the permit issued by the Department of the Environment. When a State agency proposes development on State-owned land in the Critical Area, the agency: Shall demonstrate to the Commission that the development project has received all applicable federal and State authorizations, including approvals related to stormwater management and soil erosion and sediment control; Shall comply with the habitat protection area requirements under Regulations.09—.13 of this chapter; Shall, to the maximum extent practicable: Incorporate and maintain a wildlife corridor system, including all habitat protection areas near the development project, so as to connect the largest, most vegetated tracts of land within, adjacent to, or near the development project and provide continuity of existing wildlife and plant habitats with other off-site habitat areas; Preserve, protect, and maintain a potential wetland migration area: Within the area of the development project; and Adjacent to the area of the development project, if the agency owns the adjacent land or the adjacent land is within the agency’s legally enforceable right-of-way; Establish areas of public access to the shoreline, including foot paths, scenic drives, and other public recreational facilities; Maintain all forest and developed woodland designated on the development plans; Increase or, if an increase is not possible, maintain the total acreage of forest cover in the Critical Area; and Cluster development activities; When cutting or clearing trees located in a forest or developed woodland or altering a forest or developed woodland, shall: Design and implement a development project so as to minimize the clearing of forest and developed woodland; Protect an area identified as a habitat protection area; and Replace all forest and developed woodland that is cut or cleared in the Critical Area at a ratio of at least 1:1, except: In accordance with a management plan for a habitat protection area that has been approved by the Commission; As specified under §B(10) of this regulation; or As provided under Regulation .03-2 or .03-3 of this chapter; If development is likely to result in an adverse off-site impact on the Critical Area of a local jurisdiction, shall, with the proposal and findings required under Regulation .02 of this chapter, describe: All expected off-site impacts on the local jurisdiction’s Critical Area; and All alternatives pursued by the agency in order to minimize the off-site impacts, including any measures proposed to mitigate these impacts; Except as authorized under §E(1) of this regulation, may not locate a development project on a site where that project or a related project would cross or impact a stream; Except as authorized under §E(2) of this regulation, may not locate a road, bridge, or utility in a habitat protection area designated under COMAR 27.01.09; Shall demonstrate to the Commission that the development will comply with all stormwater pollutant reduction requirements that are applicable under the Critical Area Program; Shall demonstrate to the Commission that: In determining the proposed location, the agency has considered the likelihood of inundation by sea level rise over the course of the design life of the development; and The development identifies and incorporates climate resilient practices in order to avoid or, if avoidance is not possible, minimize environmental and structural damage associated with a coastal hazard, an extreme weather event, sea level rise, and other impacts; and Shall replant at a ratio of at least 3:1 of the entire areal extent of a cleared forest or developed woodland if the agency: Clears the forest or developed woodland before obtaining Commission approval; Clears the forest or developed woodland before obtaining all applicable federal and State authorizations under §B(1) of this regulation; or Exceeds the maximum removal area approved by the Commission under Regulation .03-2C(1) or D of this chapter. If a detrimental impact to a potential wetland migration area under §B(3)(b) of this regulation is unavoidable, a State agency shall: Demonstrate to the Commission why that impact is unavoidable; Provide an assessment of the ecological features on site that could be enhanced, restored, or created in order to maintain existing wetland functions and to provide additional protection against future sea level rise and coastal storm impacts; and Make recommendations regarding the most feasible methods to address the detrimental impact and the enhancement, restoration, and creation of natural features on site. When an area of public access is established under §B(3)(c) of this regulation, a State agency shall demonstrate to the Commission that: The location and design of the project will minimize impacts from coastal hazards and sea level rise; and Long-term access has been considered. A State agency may locate: Development on a site where the project would cross or impact a stream if: No practicable alternative exists for the location of the development; and The agency designs, builds, and maintains the development project so as to: Prevent or, if prevention is not possible, accommodate an increase in flood frequency and severity that is attributable to the development project; Accommodate foreseeable changes in hydrologic conditions, including an increase in tidal inundation; Retain tree canopy to maintain stream water temperature within normal variation; Provide a natural substrate for the streambed; and Minimize adverse impacts on water quality and quantity from stormwater; and A road, bridge, or utility in a habitat protection area if: No practicable alternative exists for the location of the road, bridge, or utility; and The agency designs, builds, and maintains the road, bridge, or utility so as to: Provide maximum protection from erosion; Avoid or, if avoidance is not possible, minimize negative impacts on fish, wildlife, plants, and their habitats; and Maintain hydrologic processes and water quality. A State agency: Shall provide an offset if the stormwater management technology authorized under §B(8) of this regulation does not reduce pollutant loading by at least 10 percent: Of the predevelopment level, for new development; or Below the level of pollution on site before redevelopment; and May provide the offset off site if: An on-site offset is not practicable; Water quality benefits off site are equivalent to those that would be achieved on site; Water quality benefits are achieved in the same watershed as the development project; and Water quality benefits are demonstrable through the use of modeling, monitoring, or other computation measures of mitigation acceptable to the Commission. If a State agency proposes development on State-owned land under the waters of the Chesapeake Bay, the Atlantic Coastal Bays, or their tidal tributaries, the agency shall demonstrate to the Commission that: The development project has received all applicable federal and State authorizations; and Development on any fastland created by the agency will be consistent with the requirements of this chapter. The requirements of this regulation are in addition to the requirements under Regulation .03 of this chapter. If any part of a linear project crosses an area designated as an intensely developed area, the Commission shall review the linear project in accordance with the requirements of this regulation. When a State agency proposes development in an intensely developed area, to the maximum extent practicable, the agency shall: Plant native vegetation and minimize areas maintained as lawn or turf; and Utilize pervious surfaces rather than impervious surfaces on the development site. Location of Future Port or Industrial Facilities Except as authorized under §D(2) of this regulation, a State agency shall locate a port or an industrial facility in an intensely developed area and as close as possible to an already-existing port or facility if the port or facility uses water for transportation and derives an economic benefit from shore access. A State agency may identify an alternative to the location specified under §D(1) of this regulation for future port or industrial facility development and use if the alternative location: Will provide significant economic benefit to the State or a local jurisdiction; and Satisfies all other applicable federal and State requirements. Uses Authorized Only in Intensely Developed Areas. Subject to the requirements under §E(2) of this regulation, a State agency may locate a new facility or other new development that has the potential for adversely affecting water quality or fish, wildlife, and plant habitats in the Critical Area only if the facility or development is located in an intensely developed area. An agency may locate, or authorize the location of, the following facilities or types of development in an intensely developed area: A power plant; A permanent sludge handling, storage, or disposal facility, if it is associated with a wastewater treatment facility; or Nonmaritime heavy industry. The requirements of this regulation are in addition to the requirements under Regulation .03 of this chapter. If any part of a linear project crosses an area designated as a limited development area, the Commission shall review the linear project in accordance with the requirements of Regulation .03-1 of this chapter. For development proposed on State-owned land that is in a limited development area, a State agency: Except as authorized under §D of this regulation, may remove up to 20 percent of the areal extent of forest or developed woodland, and shall maintain the remaining percentage as forest or developed woodland; On a slope measuring at least 15 percent, as measured before development, may not propose a disturbance, unless the disturbance is the only effective way to stabilize the slope; May not design or construct a development project that exceeds 15 percent of the lot coverage on: The total development site, if the site is mapped entirely as a limited development area; or The portion of the development site that is mapped as a limited development area, if only a portion of the site is mapped as a limited development area; and If there is no forest or developed woodland established on a proposed development site, shall: Plant the site to provide a new forest or developed woodland cover of at least 15 percent; and Maintain the afforested area as forest or developed woodland cover. The Commission may authorize a State agency to remove: More than 20 percent and up to 30 percent of the areal extent of a forest or developed woodland if: The agency replaces the forest or developed woodland removed at a ratio of 1.5:1 of the entire areal extent of the forest or developed woodland removed; and The agency maintains the remaining percentage as forest or developed woodland; or More than 30 percent of the areal extent of a forest or developed woodland if: In accordance with the requirements under COMAR 27.02.06, the Commission approves the agencys request for conditional approval; The agency replaces the forest or developed woodland removed at a ratio of at least 3:1 of the entire areal extent of the forest or developed woodland removed; and The agency maintains the remaining percentage as forest or developed woodland. The requirements of this regulation are in addition to the requirements under Regulation .03 of this chapter. For development on State-owned land that is in a resource conservation area: A State agency shall comply with all of the provisions under Regulation .03-2 of this chapter, except that the prohibition under Regulation .03-2C(3) is not applicable in the resource conservation area; A State agency may not design or construct a development project that exceeds 15 percent of the lot coverage on: The total development site, if the site is mapped entirely as a resource conservation area; or The portion of the development site that is mapped as a resource conservation area, if only a portion of the site is mapped as a resource conservation area; and Overall density may not exceed one dwelling unit per 20 acres. If any part of a linear project crosses an area designated as a resource conservation area, the Commission shall review the linear project in accordance with the requirements of Regulation .03-1 of this chapter. A State agency may locate or expand an institutional, commercial, or industrial project or use in a resource conservation area if the project or use is: Approved by the Commission under the provisions of COMAR 27.02.03 or 27.02.06; or In accordance with a duly executed Memorandum of Understanding between the agency and the Commission. A State agency may locate any commercial, institutional, or industrial solar energy generating system in a resource conservation area in accordance with Regulation .15 of this chapter. In this regulation and in Regulations .04-1 through .04-3 of this chapter, “water-dependent facility or activity” has the meaning stated in COMAR 27.01.03.01. 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: In accordance with Natural Resources Article, §8-1808.3, Annotated Code of Maryland, and COMAR 27.02.05.09, shall limit development in the buffer to the minimum lot coverage necessary to accommodate each water-dependent facility or activity; Except as otherwise provided under Regulations .04—.04-3 of this chapter, may develop a water-dependent facility or activity in the buffer if: The facility or activity is water-dependent; The facility or activity meets a recognized public need; Adverse impacts on water quality and fish, wildlife, and plant [habitat] habitats are first avoided or, if unavoidable, minimized; and A nonwater-dependent project associated with the water-dependent facility or activity is located outside the buffer; May not place, or approve the placement of, dredged material in the buffer or a portion of the Critical Area that has been designated as a habitat protection area, except as necessary for: A beneficial use approved by the Board of Public Works or the Department of the Environment, such as: Backfill for a shoreline stabilization measure; Use in a nonstructural shoreline stabilization measure, including a living shoreline; Beach nourishment; Restoration of an island; The creation, restoration, or enhancement of a wetland or a fish, wildlife, or plant habitat; or Any other approved beneficial use; or Placement in an area that was approved for the disposal of channel maintenance dredged material before June 11, 1988; and Shall ensure: The avoidance or, if unavoidable, the minimization of impacts to fish, wildlife, or plant habitat; and Mitigation at a ratio of 1:1 based on the square footage of the area of the canopy coverage removed. The provisions of this regulation are in addition to the provisions of Regulation .04-1 of this chapter. 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: 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: Alteration of an existing water circulation pattern or salinity regime; Adequacy of area flushing characteristics; Necessity of, and proximity to, a dredging operation; and Interference with the natural transport of sand; Disturbance to: An oyster harvest area, as defined in COMAR 08.02.04.11; An area covered in a current aquaculture lease, as defined in Natural Resources Article, §4-11A-01, Annotated Code of Maryland; A harvest reserve area, as designated under Natural Resources Article, §4-1009.1, Annotated Code of Maryland; An oyster sanctuary, as established in COMAR 08.02.04.15A; and Any other shellfish located in a shellfish area regulated by the Department of Natural Resources; Avoidance of disturbance to water quality and aquatic or terrestrial habitat resulting from the method or manner of dredging; and Avoidance or, if avoidance is not possible, minimization of: Disturbance to: A wetland; Submerged aquatic vegetation; A habitat of threatened or endangered species or species in need of conservation; 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; 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 A nontidal wetland of special State concern, as set forth in COMAR 26.23.01.01 and .04, and COMAR 26.23.06; and 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. The provisions of this regulation are in addition to the provisions of Regulations .04-1 and .04-2 of this chapter. 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: May locate a water-dependent industrial or port-related facility or activity in the buffer if: The facility or activity is in an intensely developed area; and 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; Shall require that the operation of each commercial marina and each related commercial maritime facility or activity complies with: The requirements of COMAR 26.08.04.09 and, as applicable, COMAR 26.24.04.03; and The stormwater, wastewater, noncontact cooling water discharge, and any other applicable requirements of the Department of the Environment; 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; May locate: 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: Adequate sanitary facilities exist; Sanitary and service facilities are, to the extent possible, located outside the buffer; A permeable surface is used to the extent practicable, if no degradation of ground water would likely result; and Disturbance to natural vegetation is first avoided or, if unavoidable, minimized; or 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; 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 May locate the following facilities and activities in the buffer: A shore-based facility or activity necessary for a commercial aquaculture operation; 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 A facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds. Definition. In this regulation, “shoreline stabilization measure” has the meaning stated in COMAR 27.01.01.01. Applicability. The provisions of this regulation do not apply to a structure that is, by necessity, associated with a water-dependent facility under COMAR 27.02.05.04—.04-3. Policies. An agency planning or proposing a shoreline stabilization measure on State-owned land shall follow these policies: Prioritization of the preservation of the natural shoreline; Protection of significantly eroding portions of the shoreline in the Critical Area; and In order to conserve and protect plant, fish, and wildlife habitat, the use of appropriate shoreline stabilization measures that effectively and practically reduce shore erosion. Criteria. An agency planning or proposing a shoreline stabilization measure on State-owned land shall satisfy these criteria: In accordance with COMAR 26.24.04.01-1, adherence to the structural shoreline stabilization maps developed and maintained by the Department of the Environment; In accordance with Environment Article, §16-201(c), Annotated Code of Maryland, and COMAR 26.24.04.01, prohibition of the use of a structural shoreline stabilization measure in an area where no significant shore erosion occurs; and Performance of mitigation measures applicable to the type of shoreline stabilization measure to be undertaken, as specified in the Commission form entitled “Shoreline Stabilization Measure Buffer Management Plan”. Repealed. Criteria. The agency administering State-owned lands on which timber harvesting is planned shall use all of the following criteria: A forest management plan shall be required for all timber harvesting occurring within any 1-year interval and affecting at least 1 acre of forest and developed woodland in the Critical Area. The plans shall be prepared by a registered professional forester and be reviewed and approved by the Department of Natural Resources. Plans shall include measures to protect surface and ground water quality, identify whether the activities will disturb or affect habitat protection areas as identified in Regulations .09—13 of this chapter, and incorporate protection measures for these areas. To provide for the continuity of habitat, the plans shall address mitigation through forest management techniques which include scheduling size, timing and intensity of harvest cuts, afforestation, and reforestation; A sediment control plan shall be required for all harvests of at least 5,000 square feet of disturbed area in the Critical Area, including harvesting on agricultural lands. This plan shall be developed according to the guidelines established by the Department of Natural Resources. The operations shall be implemented in accordance with specifications set out by the local soil conservation district and the Department of Natural Resources; and The cutting or clearing of trees within the buffer, as described in Regulation .09 of this chapter, shall be in accordance with that regulation. Applicability. The provisions of this regulation do not apply to an agricultural activity that is conducted for an experimental purpose on State-owned land in the Critical Area if: Adverse impact to a habitat protection area covered in Regulations .09—.13 of this chapter, as applicable, is avoided; and The experimental activity is approved by the State Department of Agriculture and the University of Maryland. Criteria. When agriculture occurs on State-owned land, the agency administering the land shall assure that: Each agricultural operation has in place and is implementing a current: Soil conservation and water quality plan; and Nutrient management plan prepared by a certified nutrient management consultant or certified farm operator in accordance with COMAR 15.20.04.07 and .08; Agricultural activities authorized in the buffer are in accordance with Regulation .09 of this chapter; and The creation of new agricultural land is not accomplished: By diking, draining, or filling of a nontidal wetland, except in accordance with the requirements of COMAR 26.23.05.01; By clearing of forest or developed woodland on soil with a slope greater than 15 percent or on soil with a K-factor greater than 0.35 and a slope greater than 5 percent; If clearing will adversely affect water quality or will destroy plant or wildlife habitat covered in Regulations .10—.13 of this chapter, as applicable; or By clearing of existing natural vegetation within the buffer. In Regulations .08-1—.08-3 of this chapter, the following terms have the meanings indicated. Terms Defined. “Affected land” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland. “Borrow pit” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland. “Mineral” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland. “Overburden” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland. “Reclamation” has the meaning stated in COMAR 27.01.07.01. “Spoil pile” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland. “Surface mining” has the meaning stated in COMAR 27.01.07.01. “Wash plant” has the meaning stated in COMAR 27.01.07.01. The provisions of Regulations .08—.08-3 of this chapter are applicable in addition to any other statutory or regulatory requirement applicable under federal or State law. Notwithstanding any other provision of law, the provisions of Regulations .08—.08-3 of this chapter may not be construed to prohibit the location or use of a water-dependent facility, in accordance with Regulation .04 of this chapter, for the transport of a surface mining product or by-product. When surface mining occurs on State-owned land, the agency administering the land shall ensure that due consideration is accorded to: When locating a surface mining activity, avoidance or, if avoidance is not possible, minimization of: The substantial loss of renewable resource land; and The degradation of water quality; and When conducting a surface mining activity: Utilization of all available measures to protect the Critical Area from all sources of pollution resulting from that activity, including sedimentation and siltation, chemical and petrochemical use and spillage, and storage or disposal of waste, dust, or spoil; and Facilitation of site reclamation, including renewable resource land, as soon as possible and to the maximum extent possible. When surface mining occurs on State-owned land, the agency administering the land shall: Designate each portion of the Critical Area that is unsuitable for surface mining and prohibit surface mining in those locations, including: In accordance with the provisions of COMAR 27.01.09, a habitat protection area; An area where highly erodible soil exists; and 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 license, permit, or other approval to conduct a specific aspect of surface mining was issued before June 11, 1988; and 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; Require the reclamation of a wash pond in accordance with State law and local program requirements; Prohibit the location of a wash plant within the buffer in accordance with COMAR 27.01.09; and 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. Applicability. The provisions of this regulation may not be construed to require a buffer or a vegetated filter strip for an agricultural drainage ditch, if the adjacent agricultural land has in place a soil conservation and water quality plan as required in Regulation .07 of this chapter. Criteria. In planning or proposing development on State-owned lands, the agency proposing the development shall use all of the following criteria: In accordance with the requirements of COMAR 27.01.09.01E(3)—(7), the agency shall measure the buffer at least 100 feet; Landward from the mean high water line of tidal waters; From the landward boundary of a tidal wetland; and From the edge of each bank of a tributary stream; Development activities, including structures, roads, parking areas, and other lot coverage areas, mining and related facilities, and septic systems, are not authorized in the buffer, except for those necessarily associated with water-dependent facilities or activities as defined in Regulation .04 of this chapter; The buffer shall be maintained in natural vegetation, but may include planted vegetation where necessary to protect, stabilize, or enhance the shoreline; Agriculture is authorized in the buffer, if, as a minimum agricultural best management practice, a vegetated filter strip of at least 25 feet, measured 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, whichever is farther inland, is established, and if: The filter strip is composed of trees, shrubs, grass, or mixed vegetation and is managed as to provide water quality benefits and habitat protection consistent with the policies stated in COMAR 27.01.09.01. Noxious weeds, including Johnson grass, Canada thistle, and other invasive plants, such as multiflora rose, which occur in the filter strip, may be controlled by authorized means; The filter strip is expanded by a distance of 4 feet for every 1 percent of slope, for slopes greater than 6 percent; The filter strip is maintained until the agency or agricultural operation is implementing, under a soil conservation and water quality plan, a program of agricultural best management practices for the specific purposes of improving water quality and protecting plant and wildlife habitat, and if the portion of the soil conservation and water quality plan being implemented achieves the water quality and habitat protection objectives of the vegetated filter strip; The feeding or watering of livestock occurs at least 50 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, whichever is farther inland; Clearing of existing natural vegetation in the buffer is prohibited; and Agricultural activities, including the grazing of livestock, do not disturb stream banks, tidal shorelines, or other habitat protection areas covered, as applicable, in this regulation or in Regulations .10—.13 of this chapter; The buffer shall be managed to achieve or enhance the functions stated in COMAR 27.01.09.01C. A person may not cut or clear trees within the buffer, except that: Commercial harvesting of trees may be authorized if: The commercial harvesting is by selection cutting or by the clearcutting of loblolly pine or tulip poplar; The cutting or clearing is at least 50 feet landward from the mean high water line of tidal waters, at least 50 feet from the landward boundary of a tidal wetland, and at least 50 feet from the edge of each bank of a tributary stream; The cutting does not occur in the habitat protection areas described in Regulations .10—.13 of this chapter; The cutting is conducted in conformance with the requirements of Regulation .06 of this chapter and in conformance with a buffer management plan prepared by a registered, professional forester and approved by the Department of Natural Resources; The buffer management plan is required for all commercial harvests within the buffer, regardless of the size of the area to be cut; Disturbance to stream banks and shorelines is avoided; The area disturbed or cut is replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife, and reestablishes the wildlife corridor function of the buffer; and The cutting does not involve the creation of logging roads and skid trails within the buffer; Commercial harvesting of trees, by any method, may be authorized up to the edge of each bank of an intermittent stream if the cutting is conducted in conformance with the requirements of §B(5)(a)(iii) of this regulation; Cutting of trees or removal of natural vegetation may be authorized where necessary to provide access to private or government piers, or to install or construct a shoreline stabilization measure or a water-dependent facility or activity, if the pier, measure, facility, or activity has received all necessary State and federal permits; Individual trees may be removed which are in danger of falling and causing damage to dwellings or other structures, or which are in danger of falling and thereby causing the blockage of streams, or resulting in accelerated shore erosion; Horticultural practices may be used to maintain the health of individual trees; and Other cutting techniques may be undertaken within the buffer and under the advice and guidance of the State Department of Agriculture and the Department of Natural Resources, if necessary to preserve the forest from extensive pest or disease infestation or threat from fire; When agricultural use of lands within the area of the buffer ceases and the lands are proposed to be converted to other uses, the buffer shall be established. In establishing the buffer, management measures shall be undertaken to provide forest vegetation that assures the buffer functions as set forth in the policies stated in COMAR 27.01.09.01C; The agency shall expand the buffer beyond 100 feet to include contiguous, sensitive areas, such as steep slopes, hydric soils, or highly erodible soils, whose development or disturbance may impact streams, wetlands, or other aquatic environments. In the case of contiguous slopes of 15 percent or greater, the buffer shall be expanded 4 feet for every 1 percent of slope, or to the top of the slope, whichever is greater in extent; and The agency may request from the Commission a modification of the Critical Area buffer requirements if it can be sufficiently demonstrated that the existing pattern of development in the Critical Area prevents the buffer from fulfilling the functions stated in COMAR 27.01.09.01C. If a modification is requested, the agency shall propose other measures for achieving the water quality and habitat protection objectives of the policies. The provisions of COMAR 26.23.01 apply to nontidal wetlands in the Critical Area. A person conducting a regulated activity within nontidal wetlands in the Critical Area shall obtain a permit or other authorization from the Department of the Environment. Nothing in this regulation may be interpreted as altering any requirements for development activities set out in this subtitle. Repealed. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use all of the following criteria: With the assistance of the Department of Natural Resources, identify any habitats of threatened or endangered species, or species in need of conservation that may be affected by the development; Utilizing the expertise of the Department of Natural Resources, develop programs to protect the habitats of threatened and endangered species and species in need of conservation as identified in §B(1) of this regulation; and Ensure that these programs consist of at least one of the following elements: Designation of a protection area around each of the habitats within which development and other disturbances are prohibited, unless it can be shown that the development or other disturbance will not have or cause adverse impacts on these habitats; and Protection of habitats of threatened and endangered species, and species in need of conservation, which may include special provisions in forest management and soil conservation plans, and any other management programs for the State-owned lands on which the habitats occur. Repealed. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use all of the following criteria: With the assistance of the Department of Natural Resources, identify the following wildlife and plant habitats that may be affected by the development: Nesting sites of colonial nesting water birds; Waterfowl staging and concentration areas in tidal waters, tributary streams, or tidal and nontidal wetlands; Existing riparian forests, such as relatively mature forests of at least 300 feet in width which occur adjacent to streams, wetlands, or the shoreline of the Chesapeake Bay, the Atlantic Coastal Bays, or their tributaries; Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species, such as relatively mature forested areas within the Critical Area of at least 100 acres or forest connected with these areas; Other areas which may in the future be identified by State and federal agencies as important wildlife or plant habitat; and Designated natural heritage areas. The agency shall develop protection measures for the wildlife and plant habitats identified under §B(1) of this regulation as follows: Establish buffer areas for colonial nesting water bird nesting sites so that these sites are protected from the adverse impacts of development activities and from disturbance during the breeding season; Provide that new water-dependent facilities or activities, as defined in Regulation .04 of this chapter, are so located as to prevent disturbance to sites of significance to wildlife such as historic aquatic staging and concentration areas for waterfowl; Provide protection measures including a buffer area, if appropriate, for other wildlife and plant habitat sites identified in §B(1)(e) of this regulation; Protect and conserve those forested areas required to support wildlife species, as identified in §B(1)(c) and (d) of this regulation, by developing management programs which have as their objective the conservation of wildlife that inhabit or use the areas. The programs shall assure that development activities or the clearing or cutting of trees which might occur in the areas is conducted so as to conserve riparian habitat and forest interior wildlife species and their habitat. Management measures may include incorporating appropriate wildlife protection elements into forest management plans and cluster development or other site design criteria which provide for the conservation of wildlife habitat; Require to the extent practical that when development activities or the cutting or clearing of trees occurs in forested areas, corridors of existing forest or woodland vegetation are maintained to provide effective connections between wildlife habitat areas; and Protect natural heritage areas from alteration due to development activities or cutting or clearing so that the structure and species composition of the areas are maintained. Definitions. In this regulation, the following terms have the meanings indicated. “Anadromous fish propagation waters” means a tributary stream of the Chesapeake Bay or the Atlantic Coastal Bays that has been designated by the Department of Natural Resources as waters in which the spawning of an anadromous species occurs or has occurred. “Stream” means anadromous fish propagation waters in the Critical Area that have been designated by the Department of Natural Resources. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use the following criteria: The agency shall, with the assistance of the Department of Natural Resources, identify whether the development will occur in the watersheds of anadromous fish spawning streams; If the development will occur in those watersheds, all of the following measures shall be used: The installation or introduction of concrete riprap or other artificial surfaces onto the bottom of natural streams shall be prohibited unless it can be demonstrated that water quality and fisheries habitat can be improved; Channelization or other physical alterations which may change the course or circulation of a stream and thereby interfere with the movement of fish shall be prohibited; and The agency shall develop measures for avoiding adverse impacts of any activities occurring on those portions of any watershed within the Critical Area which drain into anadromous fish spawning streams. These measures shall address at least the following objectives: Minimize development activities or other land disturbances in the watershed; Improve or, if improvement is not possible, maintain water quality in streams; Minimize, to the extent possible, the discharge of sediments into streams; and Increase or, if an increase is not possible, maintain the natural vegetation of the watershed; and State agencies shall use all of the following complementary State statutes and regulations: Environment Article, Title 5, Subtitle 5, Annotated Code of Maryland; In accordance with COMAR 26.17.04.05, the construction or placement of dams or other structures that would interfere with or prevent the movement of spawning fish or larval forms in streams shall be prohibited. If practical, the removal of existing barriers shall be effected; The agency shall assure that the construction, repair, or maintenance activities associated with bridges, or other stream crossings or with utilities and roads, which involve disturbance within the buffer or which occur instream, as described in COMAR 26.17.04.11B(5), shall be prohibited between March 15 and June 15, inclusive; and Any other applicable State statute or regulation. “Natural parks” means areas of natural habitat that provide opportunities for those recreational activities that are compatible with the maintenance of natural conditions. Policy. It is the policy of the Commission to encourage the creation of opportunities for interaction between people and natural environments without destroying the fragile components of natural habitats. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use all of the following criteria: The agency shall identify areas within the Critical Area where natural parks could be established, and consider conserving these features through acquisitions, easements, designation, or other appropriate means. Parks should not be chosen to preserve only natural curiosities, but they should be planned to include examples of coastal ecosystems that are found within the State, each with its geological and biological resources intact. Park boundaries should be based on biological necessity rather than administrative convenience. Any plans developed for the use of parks should recognize that all natural terrain has a finite capacity to tolerate human disturbances and, therefore, should give utmost attention to limiting the number of park visitors in any park at any one time or in the course of a season. Definitions. In this regulation and in Regulations .15-1 through .15-3 of this chapter, the following terms have the meanings indicated. Terms Defined. “Major solar energy generating system” has the meaning stated in COMAR 27.01.14.01. “Minor solar energy generating system” has the meaning stated in COMAR 27.01.14.01. “Modified buffer area” has the meaning stated in COMAR 27.01.01.01. “Planting plan” has the meaning stated in COMAR 27.01.14.01. “Project area” has the meaning stated in COMAR 27.01.14.01. “Solar energy generating system” has the meaning stated in COMAR 27.01.14.01. Authority of the Public Service Commission; Applicability. The provisions of this regulation may not be construed to limit the authority of the Public Service Commission under Public Utilities Article, §7-207, Annotated Code of Maryland. The requirements of this regulation are applicable to major and minor solar energy generating systems. General Provisions. A State agency may locate a solar energy generating system constructed or established in the Critical Area in accordance with Regulation .15-1 of this chapter. A State agency may locate a major solar energy generating system in the resource conservation area in accordance with Regulation .15-2 of this chapter. A State agency may locate a solar energy generating system in a modified buffer area if the project is located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland. Except for a regulated activity that is authorized by the Department of the Environment in accordance with COMAR 26.23.02, a State agency may not locate a solar energy generating system: In a habitat protection area designated under COMAR 27.01.09; or On a steep slope or a highly erodible soil. The provisions of this section are applicable to a solar energy generating system in an intensely developed area, a limited development area, and a resource conservation area. The area of a solar panel shall not count as lot coverage and: For a minor solar energy generating system, the solar panel shall be: Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or Elevated above the ground and the area under the solar panel shall be maintained as an area of existing grass, established grass, or other natural vegetation; and For a major solar energy generating system the solar panel shall be: Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or Elevated above the ground and the area under the panel shall be maintained in accordance with the planting plan requirements of Regulation .15-3 of this chapter as: Pollinator habitat; Native vegetation other than pollinator habitat; or An agricultural use. In accordance with COMAR 27.02.01.01, a State agency shall: Measure and delineate the buffer in accordance with COMAR 27.01.09.01E(3)—(7); Unless there is no feasible alternative, limit access through the buffer to the project area; and When there is no feasible alternative to access through the buffer, locate one point of access through the buffer to the project area, or where a solar energy generating system includes noncontiguous parcels, minimize the number of access points through the buffer and: Replant at a 2.5:1 ratio for disturbance inside the buffer; and Submit a buffer management plan in accordance with COMAR 27.01.09.01-3. Except when a project area is in an intensely developed area, a State agency shall minimize the clearing of forest and developed woodlands and may not exceed the following standards: In a limited development area, limit clearing of forest and developed woodlands to 20 percent of the entirety of the forest and developed woodlands in the project area; and In a resource conservation area, limit clearing of forest and developed woodlands to 10 acres or 20 percent of the entirety of the forest and developed woodlands in the project area, whichever is less. A State agency shall replace cleared forest and developed woodlands on an equal area basis. For a major solar energy generating system, a State agency shall provide on-site or off-site planting in accordance with the following: 15 percent of the total project area in a limited development area; and 20 percent of the total project area in a resource conservation area. A State agency shall submit a planting plan for mitigation and on-site or off-site planting in accordance with Regulation .15-3 of this chapter. A State agency shall provide stormwater management in accordance with Environment Article, §§4-201—4-215, Annotated Code of Maryland, and COMAR 26.17.02. A State agency shall provide a decommissioning plan if one is not otherwise required as a result of obtaining a Certificate of Public Convenience and Necessity from the Public Service Commission. A State agency shall submit a site plan that includes the information listed on the Solar Energy Generating Facility Site Plan Checklist provided by the Commission to ensure compliance with the requirements of this regulation. In addition to the requirements of Regulation .15-1 of this chapter, a State agency may locate a solar energy generating system in the resource conservation area if a State agency: Except for access allowed in accordance with Regulation .15-1C(2) of this chapter and in accordance with the provisions of Regulation .07 of this chapter, restricts forest clearing within 300 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; and Provides an assessment to demonstrate compliance with the climate resilient applications in Regulation .03B(9), C, and D of this chapter. Based on the constraints and opportunities presented by a project area, a State agency shall select from the following options to address the planting plan requirements of Regulation .15-1E and F of this chapter: Plant on-site in one of the following planting areas: The area within 300 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; Contiguous to or within a designated forest interior dwelling bird habitat; or A wildlife corridor; or If approved by the Commission: Plant off-site and the planting options are in accordance with §A(1) of this regulation; Create a wetland migration area, nonstructural shoreline stabilization measure, or other nature-based practice that naturally adjusts to changing environmental conditions through the lifespan of the practice and is designed to address future sea level rise, precipitation-induced flooding, or other climate change impacts; Create, restore, or enhance a nontidal wetland that results in habitat and water quality benefits if it is authorized by the Department of the Environment; or Propose alternative mitigation options for Commission review. A State agency shall ensure that any general landscape screening requirements for construction of an energy generating system are not included as part of the mitigation or on-site or off-site planting required in Regulation .15-1 of this chapter. A State agency shall require a planting plan for: The area under the solar panels; or Replanting required in Regulation .15-1D and F of this chapter. A State agency shall ensure long-term maintenance of the plantings. Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland Effective date: June 11, 1988 (15:7 Md. R. 852) COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992 Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177) Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177) Regulation .10 repealed and new Regulation .10 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1652); emergency status expired April 1, 1994 Regulation .10 repealed and new Regulation .10 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 25, 1994 (21:21 Md. R. 1816) Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177) Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487) Regulation .01A amended January 20, 2025 (52:1 Md. R. 19) Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218) Regulation .03B amended January 20, 2025 (52:1 Md. R. 19) Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218) Regulation .03E amended January 20, 2025 (52:1 Md. R. 19) Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19) Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19) Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139) Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980) Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139) Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19) Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139) Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19) Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139) Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123) Regulation .06 amended January 20, 2025 (52:1 Md. R. 19) Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694) Regulation .07A amended January 20, 2025 (52:1 Md. R. 19) Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644) Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644) Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644) Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19) Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644) Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19) Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694) Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19) Regulation .10 amended January 20, 2025 (52:1 Md. R. 19) Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980) Regulation .11B amended January 20, 2025 (52:1 Md. R. 19) Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19) Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139) Regulation .13 amended January 20, 2025 (52:1 Md. R. 19) Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218) Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19) Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218) Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19) Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218) Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19) Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218) Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)