1. (a)

   1. (1) This section applies to a development project to expand a marina that historically operated as a working marina for the sole purpose of supporting aquaculture or seafood operations.
   2. (2) This section does not apply to a development project to expand a marina if the existing or expanded marina is used to allow a person to moor, dock, or store recreational or pleasure vessels.

2. (b)

   1. (1) Except as provided in subsection (c) of this section, the Board may issue a license under this title for a development project to expand a marina that is located in an area where the water depth is less than 4 ½ feet at mean low water and on a waterway without strong flushing if the development project:

      1. (i) Enhances aquaculture activities or seafood operations;
      2. (ii) Is located in a marina or seafood operation at a marina operated by a nonprofit organization to promote aquaculture activities or oyster restoration in the State;
      3. (iii) Does not adversely impact submerged aquatic vegetation; and
      4. (iv) Will further the policies of the State related to aquaculture.
   2. (2) The license authorized under paragraph (1) of this subsection may authorize dredging to improve navigational access to the marina or marina facility operations.

3. (c) The Board may not issue a license under this title unless the applicant for the license has obtained the following authorizations if required by local, State, or federal law:

   1. (1) Local planning or zoning authorization;
   2. (2) An aquaculture lease;
   3. (3) A water column lease or a submerged land lease issued by the Department of Natural Resources; and
   4. (4) A permit issued by the U.S. Army Corps of Engineers under § 404 of the federal Clean Water Act or under § 10 of the federal Rivers and Harbors Act.

Added by Acts 2010, c. 378, § 1, eff. May 4, 2010; Acts 2010, c. 379, § 1, eff. May 4, 2010. Amended by Acts 2011, c. 411, § 3, eff. July 1, 2011.