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

   1. (1) In accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act¹) 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. (2) To conduct hearings in connection with policies, proposed programs, and proposed regulations or amendments to regulations; and
   3. (3) To contract for consultant or other services.

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

   1. (1) Establish comprehensive standards and procedures for:

      1. (i) Buffer establishment, maintenance, measurement, mitigation, and enforcement;
      2. (ii) Modified buffer areas;
      3. (iii) Impacts of shoreline stabilization activities on the buffer;
      4. (iv) Community piers;
      5. (v) Commercial marinas;
      6. (vi) Water dependent facilities;
      7. (vii) Public water access;
      8. (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;
      9. (ix) Mapping the critical area, with respect to revision of the 1,000-foot boundary and voluntary additions of property to the critical area;

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

          1. 1. Clearing, grading, and construction activity;
          2. 2. Clustering to promote conservation of natural site features;
          3. 3. The transfer of development rights;
          4. 4. Flexibility for redevelopment;
          5. 5. Stormwater management;
          6. 6. Application of the 10% pollutant reduction rule;
          7. 7. Forest and developed woodlands protections;
          8. 8. Clearing of natural vegetation;
          9. 9. Lot coverage standards;
          10. 10. Commission review of local provisions for lot consolidation; and
          11. 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;
      11. (xi) Consistent enforcement of State and local critical area law, with respect to the establishment of minimum penalties and mitigation requirements;

      12. (xii) Growth allocation applications, with respect to:

          1. 1. The deduction of growth allocation acreage;
          2. 2. Commission review and determinations;
          3. 3. Accommodation of variations among local jurisdictions concerning land uses in the resource conservation area that do not require growth allocation;
          4. 4. The location of septic systems;
          5. 5. Golf courses; and
          6. 6. The Commission's evaluation of a local jurisdiction's use of cluster development under § 8-1808.1 of this subtitle;

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

          1. 1. Habitat protection areas;
          2. 2. Threatened and endangered species;
          3. 3. Species in need of conservation;
          4. 4. Forest interior dwelling birds;
          5. 5. Anadromous fish propagation waters; and
          6. 6. Plant and wildlife habitat;

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

          1. 1. Notification of project applications;
          2. 2. The 6-year comprehensive review of a local critical area program;

          3. 3. For a State or local government development activity:

             1. 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
             2. B. An opportunity for public comment in the local jurisdiction in which the proposed development activity would be located;
          4. 4. Reporting requirements, including accounting of fee in lieu funds;
          5. 5. The submission and processing of a proposed program amendment or refinement; and
          6. 6. Provisions applicable to areas requested for exclusion from the critical area;
      15. (xv) In consultation with the Department of the Environment, surface mining in the critical area;

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

          1. 1. Amending a variance application;
          2. 2. Advance notice to the Commission;
          3. 3. The contents of a complete variance application;
          4. 4. Ensuring that Commission recommendations are made part of the variance record;
          5. 5. The use of variance standards; and
          6. 6. Notice of a variance decision;
      17. (xvii) Assessing and adapting the critical area for climate resiliency;
      18. (xviii) Enhancing the resilience of the critical area by protecting, creating, and restoring natural and nature-based features; and

      19. (xix) Environmental justice and equity initiatives that:

          1. 1. Address disparate impacts of development; and
          2. 2. Ensure the benefits of development, restoration, mitigation, and conservation are shared equitably; and
   2. (2) Provide flexibility wherever possible in order to accommodate variations among local programs.

Added by Acts 1984, c. 794. Amended by Acts 2002, c. 433, § 1, eff. June 1, 2002; Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 119, § 1, eff. July 1, 2008; Acts 2024, c. 424, § 1, eff. Oct. 1, 2024.

State Government § 10-101 et seq.