Md. Code Regs. 27.02.05.01 – General Provisions.

A. Definitions.
1. (1) In this chapter, the following words have the meanings indicated.
2. (2) Terms Defined.
  1. (a) Intensely Developed Area.
    1. (i) “Intensely developed area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.
    2. (ii) “Intensely developed area” includes the provisions of COMAR 27.01.02.03.
  2. (b) Limited Development Area.
    1. (i) “Limited development area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.
    2. (ii) “Limited development area” includes the provisions of COMAR 27.01.02.04.
  3. (c) “Linear project” includes the portion of a road, bridge, sewer line, water line, electrical line, cable line, fiber optic line, storm drain, gas pipeline, railroad, light rail line, sidewalk, bicycle lane, or similar development that is constrained within a public right-of-way or a dedicated easement.
  4. (d) Resource Conservation Area.
    1. (i) “Resource conservation area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.
    2. (ii) “Resource conservation area” includes the provisions in COMAR 27.01.02.05.
  5. (e) “State agency” or “agency” means the executive department within State government that:
    1. (i) Owns or is responsible for management of the land on which development will occur; or
    2. (ii) Proposes a development project.
  6. (f) “Wetland migration area” has the meaning stated in COMAR 27.01.14.01.
B. The provisions of this chapter shall apply to an action of a State agency which results in development on State-owned land in the Critical Area, unless the action is included in:
1. (1) A program or class of activities for which the Commission has issued a general approval under COMAR 27.02.03; or
2. (2) A duly executed Memorandum of Understanding between the agency and the Commission that is applicable to the agency’s proposed development.
C. Notwithstanding any of the terms or conditions of a land lease that may exist between a State agency as lessor and a local jurisdiction as lessee, the provisions of this chapter do not apply to development by a local jurisdiction on State-owned land.
D. In order to determine the Critical Area land use classification for an area of State-owned land, the Commission shall use the standards under COMAR 27.01.02.03.05 and 27.01.11.
E. For the purpose of calculating the growth allocation acreage available to each local jurisdiction, the following provisions shall apply:
1. (1) If State-owned land is classified as a resource conservation area under COMAR 27.01.02.05 and 27.01.11, that classification may not change the total acreage of growth allocation available to the local jurisdiction where the land is located; and
2. (2) Development on State-owned land classified by a local jurisdiction as a resource conservation area may not diminish the total acreage of growth allocation available to that jurisdiction.
F. When determining whether the adjacency requirement has been satisfied for an award of growth allocation under COMAR 27.01.02.06-3E(1) or (2), the acreage of State land classified as an intensely developed area or a limited development area may not be considered, unless approved by the Commission.

Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

Effective date: June 11, 1988 (15:7 Md. R. 852)

COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992

Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)

Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)

Regulation .10 repealed and new Regulation .10 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1652); emergency status expired April 1, 1994

Regulation .10 repealed and new Regulation .10 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 25, 1994 (21:21 Md. R. 1816)

Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)

Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)

Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)

Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)

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

Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)

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

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

Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)

Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)

Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)

Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)

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

Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)

Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)

Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)

Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)

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

Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)

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

Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)

Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)

Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)

Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)

Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)

Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)

Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)

Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)

Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)

Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)

Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)

Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)

Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)

Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)

Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)

Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)

Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)

Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)

Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)

Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)

Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)

Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)