1. A. In this chapter, “nonwater-dependent project” means a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private wetlands.

2. B. “Nonwater-dependent project” includes:

   1. (1) A dwelling unit on a pier;
   2. (2) A restaurant, a shop, an office, or any other commercial building or use on a pier;
   3. (3) A temporary or permanent roof or covering on a pier;
   4. (4) A pier used to support a nonwater-dependent use; and

   5. (5) A small-scale renewable energy system on a pier, including:

      1. (a) A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment;
      2. (b) A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and
      3. (c) A wind energy system and its wind turbine, tower, base, or other necessary equipment.

3. C. “Nonwater-dependent project” does not include:

   1. (1) A fuel pump or other fuel-dispensing equipment on a pier;
   2. (2) A sanitary sewage pump or other wastewater removal equipment on a pier;
   3. (3) An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations; or
   4. (4) A water-dependent facility or activity covered under COMAR 27.01.03.

Authority: Natural Resources Article, §§8-1808.4, Annotated Code of Maryland;
Ch.492, Acts of 2013, §§1—4

Effective date: March 12, 2018 (45:5 Md. R. 289)

Regulation .01C amended effective February 7, 2022 (49:3 Md. R. 139)