In developing and updating its Critical Area program, a local jurisdiction:

1. A. In accordance with Natural Resources Article, §8-1808.3, Annotated Code of Maryland, and COMAR 27.01.09, shall limit development in the buffer to the minimum lot coverage necessary to accommodate each water-dependent facility or activity;

2. B. Except as otherwise provided in this chapter, may approve a water-dependent facility or activity in the buffer of an intensely developed area or a limited development area if:

   1. (1) The facility or activity is water-dependent;
   2. (2) The facility or activity meets a recognized private right or public need;
   3. (3) Adverse impacts on water quality and fish, wildlife, and plant habitats are first avoided or, if unavoidable, minimized; and
   4. (4) Insofar as possible, a nonwater-dependent project associated with the water-dependent facility or activity is located outside the buffer;
3. C. Except as otherwise authorized in this chapter, may not approve a water-dependent facility or activity in the buffer of a resource conservation area;

4. D. May not approve the placement of dredged material in the buffer or a portion of the Critical Area that has been designated as a habitat protection area, except as necessary for:

   1. (1) A beneficial use approved by the Board of Public Works or the Department of the Environment, such as:

      1. (a) Backfill for a shoreline stabilization measure;
      2. (b) Use in a nonstructural shoreline stabilization measure, including a living shoreline;
      3. (c) Beach nourishment;
      4. (d) Restoration of an island;
      5. (e) The creation, restoration, or enhancement of a wetland, or a fish, wildlife, or plant habitat; or
      6. (f) Any other approved beneficial use; or
   2. (2) Placement in an area that was approved for the disposal of channel maintenance dredged material before June 11, 1988; and

5. E. Shall ensure:

   1. (1) The avoidance or, if unavoidable, the minimization of impacts to fish, wildlife, or plant habitat; and
   2. (2) Mitigation at a ratio of 1:1 based on the square footage of the area of the canopy coverage removed.

Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, 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 14.15.03 recodified to COMAR 27.01.03 in August, 1992

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

Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)

Chapter revised effective February 7, 2022 (49:3 Md. R. 139)

Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)