Subject to the requirements established under Regulation .04 of this chapter, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project located on State or private wetlands within the Critical Area if the project:

1. A. Involves a commercial activity that:

   1. (1) Is permitted as a secondary or accessory use to a permitted primary commercial use;
   2. (2) Is not located on a pier that is attached to residentially, institutionally, or industrially used property;

   3. (3) Is located in:

      1. (a) An intensely developed area; or
      2. (b) An area that has been excluded from a local Critical Area program, if the exclusion has been approved by the Commission;
   4. (4) Is approved by the local planning and zoning authorities;
   5. (5) Allows or enhances public access to State wetlands, if applicable;
   6. (6) Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;
   7. (7) Has a height of up to 18 feet, unless the project is located at a marina; and
   8. (8) Is up to 1,000 square feet in total area; or

2. B. Is located on a pier that was in existence on or before December 31, 2012, and the project:

   1. (1) Satisfies all of the requirements under §A(1)—(7) of this regulation; and
   2. (2) If applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area.

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)