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Maryland Code, Natural Resources § 8-1806

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) The Commission has all powers necessary for carrying out the purposes of this subtitle, including the following:

(1) In accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act  1) of the State Government Article, to adopt and amend regulations as authorized under this subtitle for the administration and enforcement of the State and local programs;

(2) To conduct hearings in connection with policies, proposed programs, and proposed regulations or amendments to regulations; and

(3) To contract for consultant or other services.

(b) Regulations adopted or amended under subsection (a)(1) of this section shall:

(1) Establish comprehensive standards and procedures for:

(i) Buffer establishment, maintenance, measurement, mitigation, and enforcement;

(ii) Modified buffer areas;

(iii) Impacts of shoreline stabilization activities on the buffer;

(iv) Community piers;

(v) Commercial marinas;

(vi) Water dependent facilities;

(vii) Public water access;

(viii) The protection and conservation of the buffer as a State water quality and habitat resource essential to the restoration of the Chesapeake and Atlantic Coastal Bays;

(ix) Mapping the critical area, with respect to revision of the 1,000-foot boundary and voluntary additions of property to the critical area;

(x) Development in the critical area, with respect to:

1. Clearing, grading, and construction activity;

2. Clustering to promote conservation of natural site features;

3. The transfer of development rights;

4. Flexibility for redevelopment;

5. Stormwater management;

6. Application of the 10% pollutant reduction rule;

7. Forest and developed woodlands protections;

8. Clearing of natural vegetation;

9. Lot coverage standards;

10. Commission review of local provisions for lot consolidation; and

11. The exclusion of State tidal wetlands from calculations of density, forest and developed woodlands protections, limitations on clearing natural vegetation, and lot coverage standards;

(xi) Consistent enforcement of State and local critical area law, with respect to the establishment of minimum penalties and mitigation requirements;

(xii) Growth allocation applications, with respect to:

1. The deduction of growth allocation acreage;

2. Commission review and determinations;

3. Accommodation of variations among local jurisdictions concerning land uses in the resource conservation area that do not require growth allocation;

4. The location of septic systems;

5. Golf courses; and

6. The Commission's evaluation of a local jurisdiction's use of cluster development under § 8-1808.1 of this subtitle;

(xiii) In consultation with appropriate State and federal agencies, the conservation and protection of:

1. Habitat protection areas;

2. Threatened and endangered species;

3. Species in need of conservation;

4. Forest interior dwelling birds;

5. Anadromous fish propagation waters; and

6. Plant and wildlife habitat;

(xiv) Directives for local program development and implementation, with respect to:

1. Notification of project applications;

2. The 6-year comprehensive review of a local critical area program;

3. For a State or local government development activity:

A. Public notice, including notice to be published in a newspaper of general circulation in the area where the proposed development activity would occur; and

B. An opportunity for public comment in the local jurisdiction in which the proposed development activity would be located;

4. Reporting requirements, including accounting of fee in lieu funds;

5. The submission and processing of a proposed program amendment or refinement; and

6. Provisions applicable to areas requested for exclusion from the critical area;

(xv) In consultation with the Department of the Environment, surface mining in the critical area;

(xvi) The application for and processing of a variance, with respect to:

1. Amending a variance application;

2. Advance notice to the Commission;

3. The contents of a complete variance application;

4. Ensuring that Commission recommendations are made part of the variance record;

5. The use of variance standards; and

6. Notice of a variance decision;

(xvii) Assessing and adapting the critical area for climate resiliency;

(xviii) Enhancing the resilience of the critical area by protecting, creating, and restoring natural and nature-based features; and

(xix) Environmental justice and equity initiatives that:

1. Address disparate impacts of development; and

2. Ensure the benefits of development, restoration, mitigation, and conservation are shared equitably; and

(2) Provide flexibility wherever possible in order to accommodate variations among local programs.

1 State Government § 10-101 et seq.
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Cite this article: FindLaw.com - Maryland Code, Natural Resources § 8-1806 - last updated January 01, 2025 | https://codes.findlaw.com/md/natural-resources/md-code-nat-res-sect-8-1806/

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