1. A. Applicability. The provisions of this regulation may not be construed to limit a local jurisdiction from restricting an activity or facility if the local jurisdiction considers the activity or facility to be detrimental to its water quality, or fish, wildlife, or plant habitat.

2. B. A local jurisdiction may not authorize a development activity or facility in the Critical Area if, by its intrinsic nature, the activity or facility has the potential to cause an adverse effect on water quality, or fish, wildlife, or plant habitat, unless:

   1. (1) For an activity or facility such as nonmaritime heavy industry:

      1. (a) It is located within an intensely developed area;
      2. (b) It fully complies with all requirements under Regulation .03 of this chapter; and
      3. (c) The owner or operator of the activity or facility demonstrates to all applicable State and local agencies that there will be a net improvement in water quality to the adjacent body of water; or

   2. (2) For an activity or facility such as a sanitary landfill or a solid or hazardous waste collection or disposal facility:

      1. (a) There is no environmentally acceptable alternative outside the Critical Area; and
      2. (b) The activity or facility is necessary in order to correct a water quality or wastewater management problem.

3. C. In addition to the requirements of §B(1) of this regulation, a local jurisdiction may not authorize a development activity or facility in the Critical Area such as a transportation facility or a utility transmission facility, unless it is:

   1. (1) A facility that serves a use identified under the local jurisdiction’s Critical Area program;
   2. (2) A linear regional or interstate transportation facility that must cross tidal waters; or
   3. (3) A linear regional or interstate utility transmission facility that must cross tidal waters.

4. D. In addition to the requirements of §B(1)(c) of this regulation, a local jurisdiction may not authorize a development activity or facility in the Critical Area such as a permanent sludge handling, storage, or disposal activity or facility, unless:

   1. (1) The activity or facility is associated with a wastewater treatment facility; or
   2. (2) In accordance with an approved nutrient management plan under Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland, and COMAR 15.20.04 and .06—.08, sludge is applied on agricultural land that is not in the buffer.

Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

Effective date: May 13, 1986 (12:24 Md. R. 2352)

COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.

COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992

Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)

Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)

Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)

Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)

Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)

Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)

Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)

Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)

Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)

Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)

Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)

Chapter revised effective June 9, 2014 (41:11 Md. R. 606)

Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)

Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)

Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)

Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)

Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)

Chapter revised effective January 20, 2025 (52:1 Md. R. 19)