Md. Code Regs. 27.01.03.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 27.01.03.03 - General Criteria

In developing and updating its Critical Area program, a local jurisdiction:

A. In accordance with Natural Resources Article, § 8-1808.3, Annotated Code of Maryland, and COMAR 27.01.09, shall limit development in the buffer to the minimum lot coverage necessary to accommodate each water-dependent facility or activity;

B. Except as otherwise provided in this chapter, may approve a water-dependent facility or activity in the buffer of an intensely developed area or a limited development area if:

(1) The facility or activity is water-dependent;

(2) The facility or activity meets a recognized private right or public need;

(3) Adverse impacts on water quality and fish, wildlife, and plant habitat are first avoided or, if unavoidable, minimized; and

(4) Insofar as possible, a nonwater-dependent project associated with the water-dependent facility or activity is located outside the buffer;

C. Except as otherwise authorized in this chapter, may not approve a water-dependent facility or activity in the buffer of a resource conservation area;

D. May not 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:

(1) A beneficial use approved by the Board of Public Works or the Department of the Environment, such as:

(a) Backfill for a shoreline stabilization measure;

(b) Use in a nonstructural shoreline stabilization measure, including a living shoreline;

(c) Beach nourishment;

(d) Restoration of an island;

(e) The creation, restoration, or enhancement of a wetland, or a fish, wildlife, or plant habitat; or

(f) Any other approved beneficial use; or

(2) Placement in an area that was approved for the disposal of channel maintenance dredged material before June 11, 1988; and

E. Shall ensure:

(1) The avoidance or, if unavoidable, the minimization of impacts to fish, wildlife, or plant habitat; and

(2) Mitigation at a ratio of 1:1 based on the square footage of the area of the canopy coverage removed.

Md. Code Regs. 27.01.03.03

Amended effective 49:3 Md. R. 139, eff. 2/7/2022