1. A. A local jurisdiction may not accept an application for a variance to legalize a violation of this subtitle, including an unpermitted or otherwise unauthorized structure or other development activity, until the local jurisdiction:

   1. (1) Issues a notice of violation; and
   2. (2) Assesses an administrative or civil penalty for the violation.

2. B. A local jurisdiction may not issue a permit, approval, variance, or special exception to legalize a violation of this subtitle unless an applicant has:

   1. (1) Fully paid all administrative, civil, and criminal penalties imposed under Natural Resources Article, §8-1808(c)(1)(iii)14-15 and (2)(i), Annotated Code of Maryland;
   2. (2) Prepared a restoration or mitigation plan, approved by the local jurisdiction, to abate impacts to water quality or natural resources as a result of the violation; and
   3. (3) Performed the abatement measures in the approved plan in accordance with the local Critical Area program.

3. C. If a local jurisdiction denies the requested after-the-fact variance, then the local jurisdiction shall:

   1. (1) Order removal or relocation of any structure; and
   2. (2) Order restoration of the affected resources.

Authority: Natural Resources Article, §§8-1806 and 8-1808, Annotated Code of Maryland

Effective date: July 9, 2012 (39:13 Md. R. 786)

Regulation .01 repealed and new Regulations .01—.07 adopted effective March 4, 2013 (40:4 Md. R. 347)

Regulation .06A amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .07B, C amended effective January 20, 2025 (52:1 Md. R. 19)