A. The following categories of projects may be exempt from the strict application of the Coast Smart siting and design criteria:
- (1) Water-dependent projects;
- (2) Passive public access projects;
- (3) Historic structures;
- (4) Temporary structures; and
- (5) Emergency projects.
- B. A qualifying agency may determine that a project qualifies for a categorical exemption, provided that the qualifying agency demonstrates that the project has been designed to include adaptation and resiliency features to prevent or mitigate damage to the maximum extent practicable.
- C. For all projects eligible for a categorical exemption, the qualifying agency must complete the Coast Smart Project Screening Form within the Coast Smart Construction Program Document and indicate the project category for which the exemption applies.
- D. The qualifying agency may request input from the Coast Smart Council regarding the project’s eligibility for and the qualifying agency’s determination of an exemption.
- E. The qualifying agency shall make the final determination as to whether a project qualifies for an exemption.
- F. The qualifying agency shall provide the completed Coast Smart Project Screening Form to the Coast Smart Council upon request.
Authority: Natural Resources Article, §§3-1001, 3-1006, and 3-1009, Annotated Code of Maryland
Effective date: December 11, 2025 (52:24 Md. R. 1197)