Plain Text Law

Title 27 — Subtitle 03. Project Applications

Chapter 01. Notification of Project Applications

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
Application.
(a)
“Application” means initial forms, documents, plats or other materials, including buffer management plans, that are officially submitted to a local authority for:
(i)
The approval of subdivision plats, consolidations, reconfigurations, site plans, grading permits, or rezoning, which may include consideration of an area within a floating zone; or
(ii)
The issuance of zoning permits, special exceptions, or conditional use permits.
(b)
“Application” includes substantial changes to the items in §B(1)(a)[,] of this regulation.
(c)
“Application” does not include materials submitted for the approval of building permits.
(2)
“Buffer” has the meaning stated in COMAR 27.01.01.01.
(3)
Repealed.
(4)
“Chair” has the meaning stated in COMAR 27.01.01.01.
(5)
“Commission” has the meaning stated in COMAR 27.01.01.01.
(6)
“Critical Area” has the meaning stated in COMAR 27.01.01.01.
(7)
“Development” has the meaning stated in COMAR 27.01.01.01.
(8)
“Executive Director” means the Executive Director of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.
(9)
Intensely Developed Area.
(a)
“Intensely developed area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.
(b)
“Intensely developed area” includes the provisions of COMAR 27.01.02.03.
(10)
Limited Development Area.
(a)
“Limited Development Area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.
(b)
“Limited Development Area” includes the provisions of COMAR 27.01.02.04.
(10-1)
“Local approving authority” means the department or unit of a local jurisdiction that implements the local Critical Area program.
(10-2)
“Minor development” has the meaning stated in COMAR 27.02.01.01.
(11)
“Redevelopment” has the meaning stated in COMAR 27.01.01.01.
(12)
Resource Conservation Area.
(a)
“Resource conservation area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.
(b)
“Resource conservation area” includes the provisions in COMAR 27.01.02.05.
(12-1)
Structure has the meaning stated in COMAR 27.01.01.01.
(13)
Subdivision.
(a)
“Subdivision” has the meaning stated in Land Use Article, §1-101, Annotated Code of Maryland.
(b)
“Subdivision” includes the division of a parcel under Natural Resources Article, §8-1808.2, Annotated Code of Maryland, and the creation of a condominium regime under Real Property Article, Title 11, Annotated Code of Maryland.
(14)
“Tributary stream” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

Regulation .02 Application Requirements.Copy Citation

A.
The local approving authority shall electronically submit a local application and any required supporting material to the Executive Director for all categories set forth in Regulation .04 of this chapter.
B.
The Chair or Executive Director may, at any time, request additional information from the local approving authority if it is necessary for accurate evaluation of the proposed action.
C.
Once an application has been submitted to the Executive Director in accordance with the regulations of this chapter, the Chair, Executive Director, and staff may, after notifying and obtaining approval of the property owner, inspect the subject property.
D.
After receipt of an application, the Commission shall send written notice of receipt to the local approving authority before the close of the fifth business day. A failure of the Commission to send a timely notice shall render §E of this regulation inapplicable as to that application.
E.
The local approving authority may not process an application which has been submitted to the Commission for notification until it has received notice of receipt from the Commission. Any action of the local approving authority in violation of this section shall be void.

Regulation .03 Notice Requirements for State Agency and Local Agency Development.Copy Citation

A.
The requirements of this regulation do not apply to development that a State agency or local agency proposes in the Critical Area if:
(1)
As provided under COMAR 27.02.02, the development is:
(a)
A State agency action that results in minor development on private lands or lands owned by a local jurisdiction; or
(b)
A local agency action that results in minor development on private lands or lands owned by a local jurisdiction;
(2)
The development is included in a general approval, as provided under COMAR 27.02.03; or
(3)
All of the following apply:
(a)
The development is proposed on State lands;
(b)
The State agency is otherwise required by operation of law to provide public notice and public comment for that type of development; and
(c)
Posting is accomplished in accordance with §D of this regulation.
B.
Public Notice.
(1)
Except as provided under §A of this regulation, a State agency or local agency that proposes development in the Critical Area shall, as part of its formal project submittal to the Commission, provide evidence that:
(a)
Public notice was published:
(i)
At least 30 days prior to the date of the project committee meeting at which the project will be presented for a vote; and
(ii)
For one business day in a newspaper of general circulation in the geographic area in which the proposed development would occur;
(b)
Publication included:
(i)
The identity of the sponsoring State agency or local agency;
(ii)
A description of the proposed development;
(iii)
The street address of the affected land and a statement that its location is in the Critical Area; and
(iv)
The name and contact information of the person within the sponsoring State agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment;
(c)
At least 30 days were provided for public comment in the local jurisdiction in which the proposed development would occur; and
(d)
The affected land was posted in accordance with §D of this regulation.
(2)
In addition to the public notice required under §B(1)(a) and (b) of this regulation, a State agency or local agency may provide for public notice:
(a)
By electronic posting on its website or the website of a newspaper of general circulation in the local jurisdiction in which the proposed development would occur; or
(b)
To a neighborhood association or residents of a particular geographic area.
C.
Evidence of public notice and opportunity for public comment required under §B(1)(a) and (c) of this regulation shall include at least the following documentation:
(1)
The name of the newspaper and the date on which the notice was published;
(2)
A copy of the public notice as it was published in the newspaper; and
(3)
A copy of each written comment received in response to the public notice.
D.
The sponsoring State agency or local agency shall ensure that the posting required under §B(1)(d) of this regulation meets the following requirements:
(1)
The sign is at least 30 inches by 40 inches in size;
(2)
The sign clearly:
(a)
Identifies the sponsoring State agency or local agency;
(b)
Describes the proposed development;
(c)
Provides the street address of the affected land and states that it is located in the Critical Area; and
(d)
States the name and contact information of the person within the sponsoring State agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment;
(3)
On a date not later than the date on which the notice is published in the newspaper, the sign is posted in a conspicuous location on the affected land and remains there until after the Commission has voted on the development; and
(4)
For development that extends more than 1,000 linear feet in road frontage, at least one sign is posted at each end of the affected land on which the development is proposed.

Regulation .04 Categories of Applications to be Submitted to the Executive Director.Copy Citation

A.
A local jurisdiction shall electronically submit to the Executive Director each application for:
(1)
A variance from the local Critical Area program;
(2)
In the resource conservation area:
(a)
A site plan;
(b)
A subdivision;
(c)
A lot consolidation or a reconfiguration;
(d)
A special exception;
(e)
A conditional use; and
(f)
A zoning map amendment or a rezoning.
(3)
In an intensely developed area or a limited development area, a subdivision or a lot consolidation or reconfiguration:
(a)
That proposes impacts to any habitat protection area, including the buffer; or
(b)
On a site that has received growth allocation; and
(4)
In accordance with COMAR 27.01.14 and COMAR 27.02.07, a major or minor solar energy generating system that would be located wholly or partially in a limited development area or a resource conservation area..
B.
The local approving authority shall electronically submit to the Executive Director final approvals for:
(1)
A major solar energy generating system; and
(2)
In accordance with COMAR 27.01.04.03 and 27.01.09.01-3, for each category of application under §A(1)—(3) of this regulation;
(3)
Upon request by the Executive Director, a major buffer management plan; and
(4)
As applicable, each completed Commission form entitled “Shoreline Stabilization Measure Buffer Management Plan.”.

Regulation .05 Requirements for Semi-Annual Information on Developments and Subdivisions Within a Critical Area.Copy Citation

A.
The local jurisdiction shall submit to the Executive Director on a semi-annual basis (by January 1st, and by June 30th), a summary of all applications which have been approved for developments or subdivisions within the critical area (including those developments and subdivisions which were exempted by Regulation .03A(2) of this chapter).
B.
The summary in §A shall include at least the following information for each:
(1)
Development on an existing parcel:
(a)
Name and address of property owner;
(b)
Tax map, block and parcel data of development property;
(c)
Designation of property before development (IDA, LDA, RCA);
(d)
Total acreage of property;
(e)
Total acreage of land disturbed on developed property;
(f)
Type of development proposed which may include, but is not limited to, residential, business, industrial, redevelopment, or mixed.
(2)
Subdivision for development purposes where buildable lots are created:
(a)
Name and address of property owner;
(b)
Name and address of developer;
(c)
Tax map, block and parcel data of property before subdivision;
(d)
Designation of property before subdivision (IDA, LDA, RCA);
(e)
Total acreage of property before subdivision;
(f)
Total number of lots created;
(g)
Total number of building lots created;
(h)
Total number of dwelling units to be developed;
(i)
Range of lot sizes (acres);
(j)
Average size of building lots (acres);
(k)
Linear waterfrontage, in feet, of property before subdivision;
(l)
Type of development proposed which may include, but is not limited to, residential, business, industrial, or mixed;
(m)
Total number of acres disturbed or to be disturbed as a result of development.
(3)
Subdivision for nondevelopment purposes where building lots are not created:
(a)
Name and address of property owner;
(b)
Tax map, block and parcel data of property before subdivision;
(c)
Parcel and tax map ID number of property before subdivision;
(d)
Designation of subject property (IDA, LDA, RCA);
(e)
Total acreage of property before subdivision;
(f)
Total number of lots created as a result of subdivision;
(g)
Range of lot sizes;
C.
The local jurisdiction shall summarize all approved applications which affect its growth allocation. Information shall be given on the amount of growth used and the amount of growth allocation remaining for the local jurisdiction.