COMAR Title 27 — CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

27.01 CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT

27.01.01 General Provisions

COMAR 27.01.01.01 Definitions.

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Afforestation” has the meaning stated in Natural Resources Article, §5-1601(b), Annotated Code of Maryland.

(2) Agricultural Best Management Practice.

(a) “Agricultural best management practice” means an agronomic, conservation, or pollution control practice, installation, or structure that manages soil loss, nutrients, animal wastes, or agricultural chemicals so as to minimize their movement into State waters.

(b) “Agricultural best management practice” includes strip cropping, terracing, cover crops, grass waterways, animal waste management, conservation tillage, riparian buffers, nutrient management, and stream protection practices such as fencing, stream crossings, and remote watering devices.

(c) “Agricultural best management practice” does not include a shoreline stabilization measure authorized by the Department of the Environment under COMAR 26.24.04.

(2-1) Agriculture.

(a) “Agriculture” means an activity related to the production or management of livestock, crops, vegetation, or soil.

(b) “Agriculture” includes:

(i) Tillage, harvest, fertilization, pest management, cropping, pasturing, or production of an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, and fiber; and

(ii) An activity that directly contributes to the production, conversion, processing, storage, or sale of agricultural products primarily generated on-site.

(3) “Agricultural easement” means a nonpossessory interest in land which restricts the conversion of use of the land, preventing nonagricultural uses.

(4) Anadromous Fish.

(a) “Anadromous fish” means a species of fish that spawns in freshwater by traveling upstream from its primary ocean habitat.

(b) “Anadromous fish” means rockfish, yellow perch, white perch, shad, and river herring.

(5) “Aquaculture” has the meaning stated in Natural Resources Article, §4-11A-01(b), Annotated Code of Maryland.

(6) Repealed.

(7) Repealed.

(8) Buffer.

(a) “Buffer” means an area that:

(i) Based on conditions present at the time of development, is landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream; and

(ii) Exists or may be established in natural vegetation to protect a stream, tidal wetland, tidal waters, or terrestrial environment from human disturbance.

(b) “Buffer” includes an area of:

(i) At least 100 feet, even if that area was previously disturbed by human activity; and

(ii) Expansion for contiguous areas, including a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in COMAR 26.23.01.01.

(8-1) “Chair” means the Chair of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.

(9) “Clearcutting” means the removal of the entire stand of trees in one cutting of trees reproduced by natural seeding from adjacent stands or from trees that were cut, from advanced regeneration or stump sprouts, or from human activity in the planting of seeds or seedlings.

(9-1) Clearing.

(a) “Clearing” means an activity that removes a tree, forest, developed woodland, or vegetative cover from the land.

(b) “Clearing” includes removing trees and leaving stumps.

(10) “Cluster development” means a residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder.

(11) Colonial Nesting Water Bird.

(a) “Colonial nesting water bird” means a species of bird that, for the purpose of nesting, congregates, or colonizes, in relatively few areas.

(b) “Colonial nesting water bird” includes egrets, glossy ibises, herons, and terns.

(12) “Commercial harvesting” means a commercial operation that would alter the existing composition or profile, or both, of a forest, including all commercial cutting operations done by companies and private individuals for economic gain.

(13) “Commission” means the Critical Area Commission for the Chesapeake Bay and Atlantic Coastal Bays.

(14) “Community pier” has the meaning stated in Natural Resources Article, §8-1808.5(a), Annotated Code of Maryland.

(15) Comprehensive Plan.

(a) “Comprehensive plan” means a compilation of policy statements, goals, standards, maps, and pertinent data relative to the past, present, and future trends of the local jurisdiction including its population, housing, economics, social patterns, land use, water resources and their use, transportation facilities, and public facilities, that is prepared by or for the planning board, agency, or office.

(b) “Comprehensive plan” includes a general plan and a master plan.

(16) “Conservation easement” means a nonpossessory interest in land which restricts the manner in which the land may be developed in an effort to reserve natural resources for future use.

(16-1) Consolidation.

(a) “Consolidation” means a combination of any legal parcels of land or recorded, legally buildable lots into fewer parcels or lots.

(b) “Consolidation” includes any term used by a local jurisdiction for a development application that proposes to combine legal parcels of land or recorded, legally buildable lots into fewer parcels or lots than the number that existed before the application, such as a subdivision, lot line abandonment, boundary line adjustment, replatting request, or lot line adjustment.

(17) Repealed.

(18) Critical Area.

(a) “Critical Area” means the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area except areas excluded under Natural Resources Article, §8-1807(d), Annotated Code of Maryland.

(b) “Critical Area” includes:

(i) The initial planning area of the Chesapeake Bay Critical Area consisting of all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 16 of the Environment Article;

(ii) The initial planning area of the Atlantic Coastal Bays Critical Area consisting of all waters of and lands under the coastal bays and their tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 16 of the Environment Article;

(iii) Except in accordance with §B(18)(b)(iv) of this regulation, all water and land areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the Environment Article;

(iv) All water and land areas within 1,000 feet beyond the landward boundaries of State or private wetlands as shown on the Statewide Base Map in accordance with Ch. 119, Acts of 2008, where the process of transition from reliance on the State wetlands maps to the Statewide base maps has occurred and these maps were approved by the Commission; and

(v) Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in Natural Resources Article, §8-1807, Annotated Code of Maryland.

(19) “Density” means the number of dwelling units per acre within a defined and measurable area.

(20) “Developed woodlands” means an area of trees or an area of trees and natural vegetation that is interspersed with residential, commercial, industrial, institutional, or recreational development.

(20-1) “Developer” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(21) Development.

(a) “Development” means a human activity that materially affects the condition or use of dry land, land under water, or a structure.

(b) “Development” includes redevelopment.

(21-1) “Development envelope” includes an individually owned lot, the lot coverage on that individually owned lot, a road, a utility, a stormwater management measure, an onsite sewage disposal measure, any area subject to human use such as an active recreation area, any required buffers, and any additional acreage necessary to meet the requirements of the Program.

(21-2) Disturbance.

(a) “Disturbance” means any alteration or change to the land.

(b) “Disturbance” includes any amount of cutting, clearing, grading, or construction activity.

(22) “Dwelling unit” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(23) “Endangered species” means a species of flora or fauna whose continued viability is determined to be in jeopardy, in accordance with the provisions of:

(a) The federal Endangered Species Act of 1973, 16 U.S.C. §§15311544;

(b) Natural Resources Article, Title 4, Subtitle 2A or Title 10, Subtitle 2A, Annotated Code of Maryland; or

(23-1) “Establishment” means the planting or regeneration of native vegetation throughout the buffer.

(24) “Financial assurance” means a performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to a local jurisdiction.

(25) Fishery Activity.

(a) “Fishery activity” means a commercial water-dependent fishery operation, including a structure for the packing, processing, canning, or freezing of finfish, crustaceans, or mollusks.

(b) “Fishery activity” includes a location where an activity related to a commercial water-dependent fishery operation occurs, such as wholesale and retail sale, product storage, crab shedding, off-loading, shellfish culture, or a shore-based facility necessary for an aquaculture operation.

(26) “Forest” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.

(27) “Forest interior dwelling bird” means a species of bird that requires relatively large forested tracts in order to breed successfully, such as various species of flycatchers, warblers, vireos, and woodpeckers.

(28) “Forest management” means the protection, manipulation, and utilization of the forest to provide multiple benefits, including timber harvesting, water transpiration, and wildlife and plant habitats.

(29) Habitat Protection Area.

(a) “Habitat protection area” means an area that is designated for protection:

(i) Under Natural Resources Article, §8-1806, Annotated Code of Maryland, regulations adopted under that authority, or a local program; or

(ii) By the Secretary of Natural Resources.

(b) “Habitat protection area” includes:

(i) The buffer, as defined in this regulation and set forth in COMAR 27.01.09;

(ii) A nontidal wetland, as defined in Environment Article, §5-901, Annotated Code of Maryland, and as applied by the Department of the Environment;

(iii) A habitat of a threatened species, as defined in this regulation and set forth in COMAR 27.01.09.03;

(iv) A habitat of an endangered species, as defined in this regulation and set forth in COMAR 27.01.09.03;

(v) A habitat of a species in need of conservation, as defined in this regulation and set forth in COMAR 27.01.09.03;

(vi) A plant habitat, as defined in this regulation and set forth in COMAR 27.01.09.04;

(vii) A wildlife habitat, as defined in this regulation and set forth in COMAR 27.01.09.04; and

(viii) Anadromous fish propagation waters, as defined and set forth in COMAR 27.01.09.05.

(30) “Highly erodible soil” means a soil with:

(a) A slope greater than 15 percent; or

(b) A K-factor greater than 0.35 and a slope greater than 5 percent.

(31) Repealed.

(32) “Hydric soil” means a soil that is wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils.

(33) Intensely Developed Area.

(a) “Intensely developed area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(b) “Intensely developed area” includes the provisions of COMAR 27.01.02.03.

(34) K-factor means the soil erodibility factor in the Universal Soil Loss Equation.

(35) “Landward edge” means the limit of a site feature that is farthest away from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of a bank of a tributary stream.

(36) Repealed.

(37) Limited Development Area.

(a) “Limited development area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(b) “Limited development area” includes the provisions of COMAR 27.01.02.04.

(37-1) “Locally significant habitat” means a wildlife or plant habitat that may not be of Statewide significance but, in a local jurisdictions Critical Area program, is considered to be significant in a local or regional context because the habitat contains a species:

(a) Uncommonly found or of limited occurrence in that area; or

(b) With an unusually high concentration in that area.

(37-2) “Lot coverage” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(38) Marina.

(a) “Marina” means a commercial facility for the mooring, berthing, storing, or securing of vessels.

(b) “Marina” does not include a community pier, a private pier, or any other noncommercial facility for the docking or storage of vessels.

(39) “Mean high water line” means the average level of high tides at a given location.

(39-1) “Mitigation” means an action taken to compensate for an adverse impact to the environment resulting from a development activity or a change in land use or intensity.

(39-2) Modified Buffer Area.

(a) “Modified buffer area” means an area of land:

(i) Where a pattern of residential, industrial, commercial, or recreational development existed in the first 100 feet of the buffer on December 1, 1985 in the Chesapeake Bay Critical Area or on June 1, 2002 in the Atlantic Coastal Bays Critical Area; and

(ii) That, as part of a local program approved by the Commission, is shown on a map maintained on file by the local jurisdiction and is subject to modified development provisions.

(b) “Modified buffer area” includes an area referred to by a local jurisdiction as a buffer exemption area, buffer exempted area, buffer modification area, buffer management area, buffer management overlay, buffer modified area, special buffer management area, special buffer area, or any other similar term that has the same substantive meaning as modified buffer area.

(40) “Natural features” means components and processes present in or produced by nature, including soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, a floodplain, and fish, wildlife, and plant habitats.

(41) “Natural heritage area” has the meaning stated in COMAR 08.03.08.01, as designated in COMAR 08.03.08.10.

(42) “Natural vegetation” means a plant community that develops in the absence of human activity.

(43) “Nature-dominated” means a condition where landforms or biological communities, or both, have developed by natural processes in the absence of human intervention.

(44) “Nonpoint source pollution” means the introduction of a contaminant into the natural environment that is generated by diffuse land use activities and is conveyed to a waterway through natural processes, such as stormwater or groundwater seepage.

(45) Repealed.

(46) “Nontidal wetland” has the meaning stated in Environment Article, §5-901, Annotated Code of Maryland, and as applied by the Department of the Environment.

(47) “Offsets” means structures or actions that compensate for undesirable impacts.

(48) “Open space” means land and water areas retained in an essentially undeveloped state.

(49) Repealed.

(50) Repealed.

(51) “Pier” has the meaning stated in Natural Resources Article, §8-1808.4(a), Annotated Code of Maryland.

(51-1) “Plant habitat” means a community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics, as covered in COMAR 27.01.09.04.

(52) “Port” means a facility or area established or designated by the State or a local jurisdiction for the purpose of water-borne commerce.

(53) Repealed.

(54)—(57) (text unchanged)

(54) Project Approvals.

(a) “Project approvals” means the approval of development, other than development by a State or local government agency, in the Critical Area by the appropriate local approval authority.

(b) “Project approvals” includes approval of subdivision plats and site plans, inclusion of areas within floating zones, issuance of variances, special exceptions, and conditional use permits and issuance of zoning permits.

(55) “Public water-oriented recreation” means shore-dependent recreation facilities or activities provided by public agencies which are available to the general public.

(56) Repealed.

(56-1) Reconfiguration.

(a) “Reconfiguration” means a change of the arrangement of the existing lot or parcel lines of any legal parcel of land or recorded, legally buildable lots.

(b) “Reconfiguration” includes any term used by a local jurisdiction for a development application that proposes to change the arrangement of the existing lot or parcel lines of any legal parcel of land or recorded, legally buildable lot that existed before the application, such as a subdivision, lot line adjustment, boundary line adjustment, replatting request, or a revision of acreage to increase density.

(57) “Redevelopment” means the process of developing land which is or has been developed.

(58) “Reforestation” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.

(59) Resource Conservation Area.

(a) “Resource conservation area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(b) “Resource conservation area” includes the provisions of COMAR 27.01.02.05.

(60) “Riparian habitat” means a habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.

(60-1) Road.

(a) “Road” means a public thoroughfare under the jurisdiction of the State, a county, a municipal corporation, or any other public body.

(b) “Road” does not include a drive aisle or driveway.

(61) Repealed.

(62) “Selection” means the removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.

(62-1) “Shoreline stabilization measure” includes:

(a) A nonstructural shoreline stabilization measure, as defined under COMAR 26.24.01.02; and

(b) A structural shoreline stabilization measure, as defined under COMAR 26.24.01.02.

(63) Repealed.

(64) “Soil conservation and water quality plan” means an agricultural plan approved by a local soil conservation district to minimize soil erosion and the movement of sediment, animal waste, nutrients, or agricultural chemicals into waters of the State.

(65) “Species in need of conservation” means a species of fauna determined by the Secretary of Natural Resources to be in need of conservation measures for its continued ability to sustain itself successfully, in accordance with the provisions of:

(a) Natural Resources Article, Title 4, Subtitle 2A, or Title 10, Subtitle 2A, Annotated Code of Maryland; or

(b) COMAR 08.03.08.

(66) “Steep slope” means a slope with an incline of at least 15 percent.

(67) Stormwater.

(a) “Stormwater” has the meaning stated in COMAR 26.17.02.02.

(b) “Stormwater” includes runoff associated with:

(i) An increase in lot coverage onsite, including all additions to a building, road, or parking lot;

(ii) A change in permeability caused by compaction during construction or a modification in contour, including the filling or drainage of a small depression area;

(iii) Alteration of a drainageway or the regrading of a slope;

(iv) Destruction of forest and developed woodland; and

(v) Installation of a collection system to intercept street flow or to replace a swale or other drainageway.

(67-1) Structure.

(a) “Structure” means building or construction materials, or a combination of those materials, that are purposely assembled or joined together on or over land or water.

(b) “Structure” includes a temporary or permanent fixed or floating pier, piling, deck, walkway, dwelling, building, boathouse, platform, gazebo, and shelter for the purpose of marina access, navigation, working, eating, sleeping, or recreating.

(67-2) Subdivision.

(a) “Subdivision” has the meaning stated in Land Use Article, §1-101, Annotated Code of Maryland.

(b) “Subdivision” includes division of a parcel under Natural Resources Article, §8-1808.2, Annotated Code of Maryland, and the creation of a condominium regime under Real Property Article, Title 11, Annotated Code of Maryland.

(68) “Threatened species” means a species of flora or fauna that appears likely within the foreseeable future to become endangered, including a species determined to be a threatened species in accordance with the provisions of:

(a) The federal Endangered Species Act of 1973, 16 U.S.C. §§15311544;

(b) Natural Resources Article, Title 4, Subtitle 2A, or Title 10, Subtitle 2A, Annotated Code of Maryland; or

(69) “Topography” means the existing configuration of the earth's surface including the relative relief, elevation, and position of land features.

(70) “Transitional habitat” means a plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.

(71) “Transportation facility” has the meaning stated in Transportation Article, §3-101, Annotated Code of Maryland.

(71-1) “Tree” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.

(72) “Tributary stream” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(72-1) “Upland” has the meaning stated in COMAR 26.24.01.02B.

(73) Utility Transmission Facility.

(a) “Utility transmission facility” means a fixed structure that conveys or distributes resources, wastes, or both, including electric lines, water conduits, and sewer lines.

(b) “Utility transmission facility” does not include a power plant.

(73-1) “Vessel” has the meaning stated in Natural Resources Article, §8-701, Annotated Code of Maryland.

(74) Repealed.

(75) Repealed.

(76) Repealed.

(77) “Waterfowl” means a species of bird that frequents and often swims in water, nests and raises its young near water, and derives at least part of its food from aquatic plants and animals.

(77-1) “Waterfowl staging and concentration area” means an area of open water and adjacent marshes where, as documented by the Department of Natural Resources, waterfowl gather during migration and throughout the winter season.

(78) Wildlife Corridor.

(a) “Wildlife corridor” means an area of vegetation that connects wildlife habitats and provides wildlife habitat and passage.

(b) “Wildlife corridor” includes a habitat protection area, as defined in this regulation, and a wetland migration area, as defined in COMAR 27.01.14.01.

(79) “Wildlife habitat” means a plant community and physiographic features that provide food, water and cover, nesting, and foraging or feeding conditions necessary to maintain a population of animals in the Critical Area, as described in COMAR 27.01.09.04.

Cross References

20.79.01.02B(15)

26.24.01.02B(10)

27.01.02.06-3E(3)(a)

27.01.14.04C

27.02.05.05A

27.02.05.15A(2)(c)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.01 recodified to COMAR 27.01.01 August, 1992
Administrative History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .01B amended effective April 6, 2009 (36:7 Md. R. 527); August 10, 2009 (36:16 Md. R. 1251); February 8, 2010 (37:3 Md. R. 177); March 8, 2010 (37:5 Md. R. 428); November 1, 2010 (37:22 Md. R. 1555); March 5, 2012 (39:4 Md. R. 339); October 29, 2012 (39:21 Md. R. 1380); September 2, 2013 (40:17 Md. R. 1421); December 22, 2014 (41:25 Md. R. 1487); November 4, 2019 (46:22 Md. R. 980); June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218); September 6, 2021 (48:18 Md. R. 694); February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .03 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), 8-1808.5(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.01.02 Explanation of Certain Terms.

A. Every provision of this subtitle constitutes part of the “criteria for program development” within the meaning and intent of Natural Resources Article, §8-1808(d), whether that provision is termed a “definition”, “general policy”, “policy”, or “criteria”.

B. Unless the context specifically provides otherwise or construction of the text would be rendered unreasonable, in this subtitle:

(1) All words importing one gender include and apply to the other gender; and

(2) The singular includes the plural and vice versa.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.01 recodified to COMAR 27.01.01 August, 1992
Administrative History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .01B amended effective April 6, 2009 (36:7 Md. R. 527); August 10, 2009 (36:16 Md. R. 1251); February 8, 2010 (37:3 Md. R. 177); March 8, 2010 (37:5 Md. R. 428); November 1, 2010 (37:22 Md. R. 1555); March 5, 2012 (39:4 Md. R. 339); October 29, 2012 (39:21 Md. R. 1380); September 2, 2013 (40:17 Md. R. 1421); December 22, 2014 (41:25 Md. R. 1487); November 4, 2019 (46:22 Md. R. 980); June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218); September 6, 2021 (48:18 Md. R. 694); February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .03 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), 8-1808.5(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.01.03 Applicability.

A. Notwithstanding any provision in a local law or ordinance, or the lack of a provision in a local law or ordinance, all of the requirements of this title shall apply to, and be applied by, a local jurisdiction as minimum standards for a local program sufficient to meet the goals of the Critical Area Program.

B. In the event that a provision of this title conflicts with a provision of a local program, the stricter provision applies.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.01 recodified to COMAR 27.01.01 August, 1992
Administrative History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .01B amended effective April 6, 2009 (36:7 Md. R. 527); August 10, 2009 (36:16 Md. R. 1251); February 8, 2010 (37:3 Md. R. 177); March 8, 2010 (37:5 Md. R. 428); November 1, 2010 (37:22 Md. R. 1555); March 5, 2012 (39:4 Md. R. 339); October 29, 2012 (39:21 Md. R. 1380); September 2, 2013 (40:17 Md. R. 1421); December 22, 2014 (41:25 Md. R. 1487); November 4, 2019 (46:22 Md. R. 980); June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218); September 6, 2021 (48:18 Md. R. 694); February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .03 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), 8-1808.5(a), and 8-1811, Annotated Code of Maryland

27.01.02 Development in the Critical Area

COMAR 27.01.02.01 Definition.

In this chapter, “300-foot setback” means an area that is at least 300 feet landward from the mean high water line of tidal waters or from the landward boundary of a tidal wetland that is provided on a growth allocation site in order to provide habitat and stormwater benefits to supplement benefits required in accordance with COMAR 27.01.09.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.01-1 Introduction.

The Commission is charged with the development of criteria that will accommodate growth, and provide for the conservation of habitat and the protection of water quality in the Critical Area. In this chapter, criteria are proposed for directing, managing, and controlling development, including residential, commercial, institutional, industrial, and related facilities, so that the adverse impacts of growth in the Critical Area are minimized. These criteria are based on the general policies in Regulation .02 of this chapter.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.02 General Policies.

A. The Commission recognizes these types of land classifications:

(1) Intensely developed areas;

(2) Limited development areas; and

(3) Resource conservation areas.

B. A local jurisdiction shall:

(1) Based on the criteria stated in Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, and in this subtitle, identify each of the land classifications within its jurisdiction; and

(2) Develop policies and programs to achieve the objectives proposed by the Commission.

C. The policies and programs developed under §B(2) of this regulation shall include all of the following provisions:

(1) Development in each type of land classification shall be subject to strict criteria in order to prevent adverse impacts on water quality or fish, wildlife, or plant habitat;

(2) It is preferable to direct intense development activities outside the Critical Area;

(3) If proposed in the Critical Area, an intense development activity is appropriately located in an intensely developed area;

(4) Low intensity development may be authorized in a limited development area;

(5) Land uses in a resource conservation area are primarily designated for nature-dominated environments, such as wetlands, forests, and abandoned fields, and resource-utilization activities, such as agriculture, forestry, and fishery activities; and

(6) It is a priority to improve the quality of stormwater entering the Chesapeake or Atlantic Coastal Bays or their tributary streams.

Cross References

27.01.02.01-1

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.02-1 General Criteria.

A. A local jurisdiction shall maintain areas of public access to the shoreline, and, if possible, encourage the establishment of additional areas of shoreline access for public use, such as foot paths, scenic drives, and other public recreational facilities.

B. In developing and updating its Critical Area program, a local jurisdiction shall refer to all of the following complementary State statutes and regulations, including:

(1) For soil erosion and sediment control, management measures shall be consistent with the requirements of Environmental Article, §§4-101—4-116, Annotated Code of Maryland, and COMAR 26.17.01;

(2) For stormwater runoff, stormwater management measures shall be consistent with the requirements of Environmental Article, §§4-201—4-215, Annotated Code of Maryland, and COMAR 26.17.02;

(3) For shore erosion, shoreline stabilization measures shall be consistent with the requirements of Environmental Article, Title 16, Annotated Code of Maryland, and COMAR 26.24.04; and

(4) Any other applicable State statute or regulation.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.02-2 Restricted Activities.

A. Applicability. The provisions of this regulation may not be construed to limit a local jurisdiction from restricting an activity or facility if the local jurisdiction considers the activity or facility to be detrimental to its water quality, or fish, wildlife, or plant habitat.

B. A local jurisdiction may not authorize a development activity or facility in the Critical Area if, by its intrinsic nature, the activity or facility has the potential to cause an adverse effect on water quality, or fish, wildlife, or plant habitat, unless:

(1) For an activity or facility such as nonmaritime heavy industry:

(a) It is located within an intensely developed area;

(b) It fully complies with all requirements under Regulation .03 of this chapter; and

(c) The owner or operator of the activity or facility demonstrates to all applicable State and local agencies that there will be a net improvement in water quality to the adjacent body of water; or

(2) For an activity or facility such as a sanitary landfill or a solid or hazardous waste collection or disposal facility:

(a) There is no environmentally acceptable alternative outside the Critical Area; and

(b) The activity or facility is necessary in order to correct a water quality or wastewater management problem.

C. In addition to the requirements of §B(1) of this regulation, a local jurisdiction may not authorize a development activity or facility in the Critical Area such as a transportation facility or a utility transmission facility, unless it is:

(1) A facility that serves a use identified under the local jurisdiction’s Critical Area program;

(2) A linear regional or interstate transportation facility that must cross tidal waters; or

(3) A linear regional or interstate utility transmission facility that must cross tidal waters.

D. In addition to the requirements of §B(1)(c) of this regulation, a local jurisdiction may not authorize a development activity or facility in the Critical Area such as a permanent sludge handling, storage, or disposal activity or facility, unless:

(1) The activity or facility is associated with a wastewater treatment facility; or

(2) In accordance with an approved nutrient management plan under Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland, and COMAR 15.20.04 and .06—.08, sludge is applied on agricultural land that is not in the buffer.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.03 Intensely Developed Areas.

A. Intensely developed areas are those areas where residential, commercial, institutional, or industrial developed land uses predominate, and where relatively little natural habitat occurs. This land classification shall have at least one of the following features:

(1) Housing density is at least four dwelling units per acre;

(2) Industrial, institutional, or commercial uses are concentrated in the area; or

(3) Public sewer and water collection and distribution systems are currently serving the area and housing density is greater than three dwelling units per acre.

B. Location of Features.

(1) Except as authorized under §B(2) of this regulation, the features in §A(1)—(3) of this regulation shall be located in an area of at least 20 adjacent acres, or that entire upland portion of the Critical Area within the boundary of a municipality, whichever is less.

(2) The features may be located in an area of less than 20 adjacent acres if:

(a) As part of a local program, the Commission has approved an alternative standard for designation of an intensely developed area; and

(b) The area is part of a growth allocation approved by the Commission.

C. In developing and updating its Critical Area program, a local jurisdiction shall follow all of these policies when addressing intensely developed areas:

(1) Improve the quality of stormwater from developed areas that enters the Chesapeake or Atlantic Coastal Bays or their tributary streams;

(2) Accommodate additional development of the type and intensity designated by the local jurisdiction if water quality is not impaired;

(3) Minimize the expansion of intensely developed areas into portions of the Critical Area designated as habitat protection areas under COMAR 27.01.09 and resource conservation areas under Regulation .05 of this chapter;

(4) Conserve and enhance fish, wildlife, and plant habitats, as identified in COMAR 27.01.09, within intensely developed areas;

(5) Minimize the adverse water quality and quantity impact of stormwater and encourage the use of retrofitting measures to address existing stormwater management problems;

(6) Cluster future development as a means to reduce lot coverage and to maximize areas of natural vegetation; and

(7) With assistance from the State, establish programs to enhance biological resources that provide positive effects on water quality and urban wildlife habitat within the Critical Area, such as urban forestry, landscaping, gardens, wetlands, and aquatic habitat restoration elements.

D. In developing and updating its Critical Area program, a local jurisdiction shall use all of the following criteria for intensely developed areas:

(1) A local jurisdiction shall develop a strategy to reduce the impacts on water quality that are generated by existing development. This shall include an assessment of water quality and impacts to biological resources prompted by community redevelopment plans and programs and may further include a public education program, the implementation of urban best management practices, and the use of such techniques as are outlined in §D(9)(a) of this regulation;

(2) Development and redevelopment shall be subject to the habitat protection area criteria prescribed in COMAR 27.01.09;

(3) A local jurisdiction shall require, at the time of development or redevelopment:

(a) Stormwater best management practices, as required by applicable State and local ordinances to minimize adverse impacts to water quality caused by stormwater;

(b) If stormwater best management practices do not reduce pollutant loadings by at least 10 percent below the level of pollution on the site prior to development or redevelopment, then [offsets shall be provided.] the local jurisdiction shall require appropriate offsets; and

(i) Water quality benefits are equivalent;

(ii) Benefits are obtained within the same watershed; and

(iii) Benefits are determined through the use of modeling, monitoring, or other computation of mitigation measures;

(4) A local jurisdiction shall prohibit the location of a road, bridge, or utility in any portion of the Critical Area designated as a habitat protection area under COMAR 27.01.09, unless there is no feasible alternative;

(5) If the location of a road, bridge, or utility in a habitat protection area is authorized under §D(4) of this regulation, a local jurisdiction shall ensure that the design, construction, and maintenance of the road, bridge, or utility:

(a) Provides maximum erosion protection;

(b) Minimizes negative impact on wildlife, aquatic life, and their habitats; and

(6) A local jurisdiction shall prohibit the location of a development activity if that development or any related activity would cross or affect a stream, unless there is no feasible alternative;

(7) If the location of a development activity is authorized under §D(6) of this regulation, a local jurisdiction shall ensure that the design and construction of the development activity:

(a) Prevents increases in flood frequency and severity that are attributable to the development;

(b) Retains tree canopy and maintains stream water temperature within a normal variation; and

(8) Ports and industries which use water for transportation and derive economic benefits from shore access shall be located near existing port facilities. Local jurisdictions may identify other sites for planned future port facility development and use if this use will provide significant economic benefit to the State or local jurisdiction and is consistent with the provisions of COMAR 27.01.03.03—.05 and 27.01.09, and other State and federal regulations; and

(9) When the cutting or clearing of trees in forests and developed woodland areas is associated with current or planned development activities, all of the following shall be required

(a) Establishment of programs for the enhancement of forest and developed woodland resources such as urban forestry programs, including street tree plantings, gardens, landscaping, and open land buffer plantings;

(b) Establishment by regulation that development activities shall be designed and implemented to minimize destruction of forest and woodland vegetation; and

Cross References

26.17.02.01D

27.01.01.01B(33)(b)

27.01.02.02-2B(1)(b)

27.01.02.06-3B

27.01.02.06-4B(2)(b)(ii)

27.01.11.05B

27.02.05.01A(2)(a)(ii)

27.02.05.01D

27.02.07.02J

27.03.01.01B(9)(b)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.04 Limited Development Areas.

A. Limited development areas are those areas which are currently developed in low or moderate intensity uses. They also contain areas of natural wildlife and plant habitats, and the quality of stormwater from these areas has not been substantially altered or impaired. This land classification shall have at least one of the following features:

(1) Housing density ranging from one dwelling unit per 5 acres up to four dwelling units per acre;

(2) Areas not dominated by agriculture, wetland, forest, barren land, surface water, or open space;

(3) Areas meeting the conditions of Regulation .03A, but not .03B, of this chapter; or

(4) Areas having public sewer or public water, or both.

B. In developing and updating its Critical Area program, a local jurisdiction shall follow all of these policies when addressing limited development areas:

(1) Maintain, to the extent practicable, existing areas of natural habitat;

(2) Accommodate additional low or moderate intensity development if:

(a) This development conforms to the water quality and habitat protection criteria in §§C and D of this regulation; and

(b) The overall intensity of development within the limited development area is not increased beyond the level established in a particular area so as to change its prevailing character as identified by density and land use currently established in the area; and

(3) Reduce the extent of lot coverage and maximize areas of natural vegetation through consideration of cluster development when planning for future development.

C. In developing and updating its Critical Area program, a local jurisdiction shall require that a developer incorporate all of the following general environmental protection criteria for each development activity in a limited development area:

(1) If the location of a road, bridge, or utility in a habitat protection area is authorized under §D(1)(b) of this regulation, the design, construction, and maintenance of the road, bridge, or utility so as to:

(a) Provide maximum erosion protection;

(b) Minimize negative impact on fish, wildlife, and their habitats; and

(2) Prohibition on the location of a development activity if that development or any related activity would cross or affect a stream, unless there is no feasible alternative;

(3) If the location of a development activity is authorized under §C(2) of this regulation, the design and construction of the development activity so as to:

(a) Reduce increases in flood frequency and severity that are attributable to development;

(b) Retain tree canopy so as to maintain stream water temperature within normal variation;

(d) Minimize the adverse water quality and quantity impact of stormwater;

(4) All development sites shall incorporate a wildlife corridor system that connects the largest undeveloped, or most vegetated tracts of land within and adjacent to the site in order to provide continuity of existing wildlife and plant habitats with offsite habitats. The wildlife corridor system may include habitat protection areas identified in COMAR 27.01.09. A local jurisdiction shall ensure the maintenance of the wildlife corridors by requiring the establishment of conservation easements, restrictive covenants, or similar instruments through which the corridor is preserved by public or private groups, including homeowner associations, nature trusts, and other organizations;

(5) For the cutting or clearing of trees in forest and developed woodland areas which are associated with current or planned development activities in the limited development area, a local jurisdiction shall:

(a) Require that the developer consider the recommendations of the Department of Natural Resources when planning development on forested lands;

(b) Require that development activities be designed and implemented to minimize destruction of woodland vegetation; and

(6) For the alteration of forest and developed woodland areas in the limited development area, a local jurisdiction shall apply all of the following criteria:

(a) The total acreage in forest and developed woodland within a jurisdiction in the Critical Area shall be maintained or, preferably, increased;

(b) All forests and developed woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis;

(c) If a developer is authorized to clear more than 20 percent of a forest or developed woodland on a lot or parcel, the developer shall replace the forest or developed woodland at 1.5 times the areal extent of the forest or developed [woodlands] woodland cleared, including the first 20 percent of the forest or developed woodland cleared;

(d) A developer may not clear more than 30 percent of a forest or developed woodland on a lot or parcel, unless the local jurisdiction:

(i) Authorizes the removal of more than 30 percent by the granting of a variance; or

(ii) Adopts procedures for the removal of more than 30 percent of a forest or developed woodland and the Commission has approved those procedures as part of a local program; and

(e) If a developer is authorized to clear any percentage of forest or developed woodland from forest use under §C(6) of this regulation, the remaining percentage shall be maintained through recorded, restrictive covenants or similar instruments;

(7) For forest and woodland development, a local jurisdiction shall adhere to all of the following criteria :

(a) A local program shall make provision for surety to be provided by owners or developers in an amount acceptable to the local jurisdiction and suitable to assure satisfactory replacement as required by §C(6) of this regulation;

(b) Local permits or approvals shall be required before forest or developed woodland is cleared;

(c) Forests and developed woodlands which have been cleared before obtaining a local permit or approval, or that exceed the maximum clearing allowed in §C(6) of this regulation shall be replanted at three times the areal extent of the cleared forest and developed woodlands;

(d) If the areal extent of the site limits the application of §C(6) and (7)(c) of this regulation, a local jurisdiction may develop alternative provisions or reforestation guidelines that:

(i) In accordance with the intent and requirements of COMAR 27.01.05, conserve the forest and developed woodland resources of the Critical Area; and

(ii) May include fees-in-lieu provisions if the fee is adequate to ensure the restoration or establishment of an equivalent forest or developed woodland area;

(e) If no forest is established on proposed development sites, these sites shall be planted to provide a forest or developed woodland cover of at least 15 percent;

(f) All forests designated on development plans shall be maintained, to the extent practicable, through conservation easements, restrictive covenants, or other protective instruments;

(g) The developer shall designate, subject to the approval of the local jurisdiction, a new forest area on a part of the site not forested; and

(h) The afforested area shall be maintained as forest cover through easements, restrictive covenants, or other protective instruments;

(8) Disturbance on a slope measuring at least 15 percent, as measured before disturbance, shall be prohibited unless the disturbance is the only effective way to stabilize the slope and is consistent with the policies in §B of this regulation;

(9) A local jurisdiction shall limit lot coverage on a parcel in accordance with all of the following maximums:

(a) When a site is mapped entirely as a limited development area, 15 percent of the total site;

(b) When a portion of a lot or parcel is mapped as a limited development area, 15 percent of that portion of the lot or parcel; and

(i) 15 percent of the growth allocation development envelope; or

(ii) 15 percent of the acreage proposed for growth allocation deduction; and

(10) A local jurisdiction may authorize development activity on soils having development constraints if the jurisdiction includes mitigation measures that:

(a) Adequately address the identified constraints; and

(b) Will not have significant adverse impacts on water quality or fish, wildlife, or plant habitat.

D. In addition to the general environmental protection criteria required under §C of this regulation, a local jurisdiction shall require that a developer incorporate all of the following criteria, as applicable to each development activity in a limited development area:

(1) For a habitat protection area:

(a) Criteria as provided in §C(5)(c) of this regulation and in COMAR 27.01.09; and

(b) Prohibition on the location of a road, bridge, or utility in any portion of the Critical Area designated as a habitat protection area under COMAR 27.01.09, unless there is no feasible alternative; and

(2) For a water-dependent facility or activity, criteria as provided in COMAR 27.01.03.

Cross References

27.01.01.01B(37)(b)

27.01.02.05C(8)

27.02.05.01A(2)(b)(ii)

27.03.01.01B(10)(b)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.05 Resource Conservation Areas.

A. Resource conservation areas are those areas characterized by nature-dominated environments such as, wetlands, forests, or abandoned fields, and resource-utilization activities such as, agriculture, forestry, fisheries activities, or aquaculture. This land classification shall have at least one of the following features:

(1) Density is less than one dwelling unit per 5 acres; or

(2) Dominant land use is in agriculture, wetland, forest, barren land, surface water, or open space.

B. In developing and updating its Critical Area program, a local jurisdiction shall follow all of these policies when addressing resource conservation areas:

(1) Conserve, protect, and enhance the overall ecological values of the Critical Area, its biological productivity, and its diversity;

(2) Provide adequate breeding, feeding, and wintering habitats for wildlife populations that require the Chesapeake and Atlantic Coastal Bays, their tributaries, or coastal habitats in order to sustain their species;

(3) Conserve the land and water resource base that is necessary to maintain and support land uses such as agriculture, forestry, fisheries activities, and aquaculture;

(4) Conserve the existing developed woodlands, forests, and riparian areas for the water quality benefits that they provide;

(5) Promote agricultural and conservation easements;

(6) Encourage tax incentives or other incentive or disincentive programs that promote the continuation of agriculture, forestry, and natural habitats; and

(7) Consider cluster development, transfer of development rights, maximum lot size provisions, and any other means likely to maintain the land area necessary to support the protective uses.

C. In developing and updating its Critical Area program, a local jurisdiction shall use all of the following criteria for resource conservation areas:

(1) Land use management practices shall be consistent with the policies and criteria for habitat protection areas in COMAR 27.01.09, the policies and criteria for agriculture in COMAR 27.01.06, and the policies and criteria for forestry in COMAR 27.01.05;

(2) Land within the resource conservation area may be developed for residential uses at a density not to exceed one dwelling unit per 20 acres. A local jurisdiction:

(a) Shall calculate and track density rights that are to be recorded on a subdivision plat; and

(b) May not authorize a variance to the maximum density of one dwelling unit per 20 acres;

(3) Existing industrial and commercial facilities, including those that directly support agriculture, forestry, aquaculture, or residential development not exceeding the density specified in §C(2) of this regulation, shall be allowed in resource conservation areas;

(4) Additional industrial or commercial facilities may not be located in the resource conservation area unless the use is authorized by a local program;

(5) Institutional facilities may not be located in the resource conservation area unless the use is authorized by a local program;

(6) A commercial, institutional, or industrial solar energy generating system may be authorized in accordance with COMAR 27.01.14;

(7) A local jurisdiction shall develop a program to assure that the overall acreage of forest and woodland within its resource conservation areas does not decrease;

(8) Development activity within the resource conservation area shall be consistent with the criteria for limited development areas in Regulation .04 of this chapter; and

(9) Limitations on lot coverage on a parcel shall be in accordance, as applicable, with the following maximums:

(a) When a site is mapped entirely as a resource conservation area, 15 percent of the total site; and

(b) When a portion of a lot or parcel is mapped as a resource conservation area, 15 percent of that portion of the lot or parcel.

D. Notwithstanding any other provision of law, a participant in an agricultural easement program may convey real property impressed with an agricultural easement to a family member, if the conveyance will not result in a density greater than one dwelling unit per 20 acres.

Cross References

27.01.01.01B(59)(b)

27.01.02.03C(3)

27.01.02.06-4E

27.02.05.01A(2)(d)(ii)

27.02.05.01E(1)

27.03.01.01B(12)(b)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.06 Growth Allocation — Minimum Local Program Requirements

A. A local jurisdiction shall calculate its growth allocation based on 5 percent of the total resource conservation area in its Critical Area at the time of original approval of the local jurisdiction’s program by the Commission, excluding:

(1) Tidal wetlands; and

(2) Land owned by the federal government.

B. A county shall coordinate future expansions of intensely developed areas and limited development areas in coordination with affected municipalities.

C. A local jurisdiction shall require an application for new intensely developed or limited development areas to be:

(1) In conformance with the requirements of this subtitle; and

(2) Designated on the locally approved Critical Area map that is submitted by the local jurisdiction as part of its application to the Commission for growth allocation approval.

D. If a local jurisdiction has within its territorial limits an area that is subject to the Chesapeake Bay Critical Area program and an area that is subject to the Atlantic Coastal Bays Critical Area program, the growth allocation for that jurisdiction may be utilized within either Critical Area in accordance with Natural Resources Article, §8-1808.1(d), Annotated Code of Maryland.

E. As part of an approved growth allocation by the Commission, the local jurisdiction shall enforce:

(1) A buffer management plan;

(2) A habitat protection plan; and

(3) Other applicable conditions of approval as determined by the Commission at the time of project approval.

Cross References

27.01.02.07B(3)(b)

27.01.02.07B(5)(b)

27.02.03.02D

27.02.04.02C(2)

27.02.04.02F

27.02.05.01F

27.02.07.02-1B

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.06-1 Growth Allocation Submittal Requirements.

A. The Commission may not accept for processing a growth allocation request unless all of the following are provided at the time of submittal:

(1) All information and documentation relevant to the local jurisdiction's determination that the project meets the standards listed under Natural Resources Article, §8-1808.1(c)(2), Annotated Code of Maryland, and Regulation .06-3 of this chapter;

(2) All information and documentation that addresses the factors to be considered by the Commission under Natural Resources Article, §8-1808.1(c)(4), Annotated Code of Maryland, and Regulation .06-3 of this chapter;

(3) A conceptual site development plan;

(4) An environmental features map;

(5) In accordance with Regulation .06-2 of this chapter, an environmental report that demonstrates that the project has been designed and will be constructed in compliance with all requirements of the proposed Critical Area land classification;

(6) For the following resources, as appropriate for the project site and each government agency, a preliminary review and comment from the Department of the Environment, Department of Natural Resources, Maryland Historical Trust, and U.S. Army Corps of Engineers regarding:

(a) Threatened and endangered species, and species in need of conservation;

(b) Forest interior dwelling birds and colonial nesting water birds;

(d) Wildlife and plant habitats and waterfowl staging and concentration areas;

(e) Submerged aquatic vegetation;

(f) Riparian forests and tidal and nontidal wetlands; and

(g) Natural heritage areas and other historical and cultural resources;

(7) A map that shows the land area where the local jurisdiction proposes a change to a Critical Area land classification; and

(8) Verification that the amount of proposed growth allocation indicated on the map submitted under §A(7) of this regulation is accurate and equal to the amount of growth allocation to be deducted from the local jurisdiction's existing total allotment of growth allocation.

B. The conceptual site development plan and environmental features map required under §A(3) and (4) of this regulation shall each include:

(1) The name of the project and its street address;

(2) Tax map information that includes, as applicable, the:

(a) Tax map number;

(b) Block number;

(d) Lot number;

(3) A site plan with a scale provided at 1"=10', 1"=20', 1"=30', 1"=40', 1"=50', 1"= 60', or 1"=100';

(4) Orientation;

(5) A vicinity map with the project site clearly identified;

(6) Existing parcel and tract boundaries or lot lines;

(7) The project boundary;

(8) The limits of disturbance;

(9) A proposed development envelope;

(10) All Critical Area boundaries, including existing and proposed land classifications and the land classification of all lots or parcels adjacent to the project site;

(11) The boundaries of the 100-year floodplain;

(12) The field-run topography;

(13) Vegetative cover information by acre or square footage, including:

(a) Field determination of existing forest and developed woodland cover;

(b) Location of proposed forest and developed woodland clearing; and

(14) Soil features of the project and where each soil type is located;

(15) Field determination of each intermittent stream and each perennial stream;

(16) A delineation of the buffer;

(17) As applicable and in accordance with the requirements of COMAR 27.01.09.01E or the local program, a delineation of an expanded buffer that is necessary because of a contiguous slope of 15 percent or greater or the presence of a hydric soil, highly erodible soil, or a nontidal wetland;

(18) When converting from a resource conservation area to a limited development area or an intensely developed area, the location and extent of the 300-foot setback;

(19) A field-delineated location and description of the extent of a nontidal wetland, including the buffer from that nontidal wetland, that is:

(a) In accordance with the provisions of COMAR 26.23.01; and

(b) Unless the Commission determines an otherwise acceptable period of time, less than 2 years old;

(20) Unless the Commission determines an otherwise acceptable period of time, a field-delineated location and description of the extent of a tidal wetland that is less than 2 years old, including the delineation of State and private tidal wetland boundaries;

(21) Identification and location of all wildlife habitat and plant habitat, including a nesting site of colonial nesting water birds, a waterfowl staging and concentration area, a riparian habitat, a habitat of forest interior dwelling birds, a locally significant habitat, and a natural heritage area;

(22) Identification and location of habitat of threatened and endangered species, and species in need of conservation;

(23) Identification and location of anadromous fish propagation waters;

(24) Location of existing and proposed area of lot coverage, including identification of a building, road, parking lot, and any other area that contributes to lot coverage;

(25) Location of any other proposed development feature, including an outlot, storm drain and outfall, utility connection, septic system, stormwater management system, shoreline stabilization measure, and pier;

(26) Location of a path or walkway, including those exempt from lot coverage requirements;

(27) Location of an existing or proposed mitigation area that is required because of an impact on forest, developed woodland, wetland, buffer, or other habitat protection area; and

(28) If applicable:

(a) The identification and location of agricultural land, a surface mining site, natural park, dredging activity, and dredge material disposal area; and

(b) The boundary and area of an existing easement, the identity of the easement holder, and any restriction on development as a result of the easement.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.06-2 Environmental Report.

A. The environmental report required under Regulation .06-1A(5) of this chapter shall include all of the following:

(1) A project description;

(2) The subdivision and development history:

(a) Between December 1, 1985 and the date of growth allocation application in the Chesapeake Bay Critical Area; and

(b) Between June 1, 2002 and the date of growth allocation application in the Atlantic Coastal Bays Critical Area;

(3) A brief narrative that describes:

(a) The type of project;

(b) The proposed change of Critical Area land classification; and

(c) How the growth allocation would support the jurisdiction's overall planning goals, including reference to the relevant sections of the local jurisdiction's adopted comprehensive plan, water and sewer plan, and adopted zoning ordinance;

(4) Total acreage in the Critical Area and total acreage for which Critical Area designation is proposed to be changed;

(5) Total forest, developed woodland, and vegetated area proposed to be cleared;

(6) Method and description of proposed stormwater management, including all qualitative and quantitative management measures;

(7) In the intensely developed area, the preliminary plan for compliance with the 10 percent pollutant reduction rule, including all worksheets and all supporting documentation;

(8) Measures proposed for soil erosion and sediment control, including implementation strategy;

(9) In the limited development area and resource conservation area, existing and proposed lot coverage information, calculated by square feet of coverage for each lot and total area of lot coverage within the limited development area and total area of lot coverage within the resource conservation area;

(10) Mitigation required for clearing of forest area, developed woodland, or vegetation in accordance with the requirements of Regulations .04C and .05C(9) of this chapter, COMAR 27.01.05, or the local program;

(11) If applicable, the proposed afforestation area:

(a) In the Chesapeake Bay Critical Area, in the limited development area and the resource conservation area; and

(b) In the Atlantic Coastal Bays Critical Area, in all land classifications;

(12) Identification of the local zoning district and that district's defining characteristics;

(13) A buffer management plan, consistent with §B of this regulation if:

(a) It is a condition of development that the buffer be established on the development site;

(b) A proposed development activity impacts the buffer; or

(14) If the proposed development will impact an identified habitat protection area, a habitat protection plan that is consistent with §C of this regulation.

B. If §A(13) of this regulation is applicable, the local jurisdiction shall require the developer to prepare a buffer management plan in accordance with COMAR 27.01.09.01-3.

C. If §A(14) of this regulation is applicable, a local jurisdiction shall:

(1) Require the developer to prepare a habitat protection plan that:

(a) Is based on consultation with the Department of Natural Resources and any other appropriate federal or State agency;

(b) Identifies any habitat or species on the project site, as set forth under COMAR 27.01.09; and

(c) Includes protective measures necessary and appropriate to provide for long-term conservation of the identified habitat and species; and

(2) Ensure:

(a) That full implementation of the proposed protective measures can be achieved on the project site; and

(b) The execution of necessary long-term protective agreements.

Cross References

27.01.02.06-1A(5)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.06-3 Requirements for New Intensely Developed Areas and Limited Development Areas.

A. Definition. In §§E, F, and G(1) of this regulation, “consistency with” or “consistent with” a jurisdiction’s adopted comprehensive plan means that a standard or factor will further, and not be contrary to:

(1) For a growth allocation application that is to be located in a priority funding area, in accordance with State Finance and Procurement Article, §§5-7B-02 and 5-7B-03, Annotated Code of Maryland, all of the following items in the plan:

(a) Policies;

(b) Timing of the implementation of the plan;

(d) Timing of rezoning; and

(e) Development patterns; or

(2) For a growth allocation application that is not to be located in a priority funding area, all of the following items in the plan:

(a) All of the items under §A(1) of this regulation;

(b) Land uses; and

B. Except as authorized under Regulation .03B(2) of this chapter, a new intensely developed area shall be at least 20 acres.

C. Except as provided in §D of this regulation, a local jurisdiction may not use more than 1/2 of its total allotted growth allocation acreage to convert a resource conservation area into a new limited development area or a new intensely developed area.

D. A local jurisdiction may use a standard that varies from §C of this regulation if:

(1) The local jurisdiction is a municipal corporation; or

(2) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester Counties:

(a) The county is unable to utilize up to ½ of its total allotted growth allocation acreage;

(b) The alternative standard is consistent with the county's adopted comprehensive plan;

(d) The county requires an applicant for growth allocation to cluster development in the growth allocation area.

E. Except as authorized under §F of this regulation, a local jurisdiction shall use all of the following standards when locating new intensely developed areas or limited development areas:

(1) Locate a new intensely developed area in a limited development area or adjacent to an existing intensely developed area;

(2) Locate a new limited development area adjacent to an existing limited development area or an intensely developed area;

(3) Locate in a manner that:

(a) Minimizes impacts to a habitat protection area as defined in COMAR 27.01.01.01;

(b) Optimizes benefits to water quality; and

(4) Locate a new intensely developed area or limited development area in a resource conservation area at least 300 feet landward from the mean high water line of tidal waters or from the landward boundary of a tidal wetland, unless the local jurisdiction proposes, and the Commission approves, alternative measures for enhancement of water quality and habitat that provide greater benefits to the resources; and

(5) For a growth allocation application for a residential subdivision, comply with the requirements and procedures under Environment Article, §9-206, Annotated Code of Maryland, and Land Use Article, Title 1, Subtitle 5, and §5-104, Annotated Code of Maryland.

F. A local jurisdiction may use a standard that varies from §E(1) and (2) of this regulation if:

(1) The alternative standard is consistent with the local jurisdiction's adopted comprehensive plan; and

(2) The Commission has approved the alternative standard as part of the local program.

G. When reviewing a map amendment or refinement involving the use of growth allocation, the Commission shall consider all of the following factors:

(1) Consistency with the jurisdiction's adopted comprehensive plan and whether the growth allocation would implement the goals and objectives of the adopted plan;

(2) For a new intensely developed area, whether the development will:

(a) Be served by a public wastewater system;

(b) Have an allowed average density of at least 3.5 units per acre, as calculated under State Finance and Procurement Article, §5-7B-03(h), Annotated Code of Maryland;

(d) Have a demonstrable economic benefit to the area;

(3) For a new limited development area, whether the development will:

(a) Be served by a public wastewater system or septic system that uses the best available nitrogen removal technology;

(b) Complete an existing subdivision;

(d) Be clustered;

(4) The use of existing public infrastructure, where practical;

(5) Consistency with State and regional environmental protection policies concerning the protection of threatened and endangered species, and species in need of conservation that may be located on-site or off-site;

(6) Impacts on a priority preservation area, as defined under Agriculture Article, §2-518, Annotated Code of Maryland;

(7) Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and

(8) Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development.

H. The Commission shall ensure that the provisions of this regulation have been applied in a manner that is consistent with the purposes, policies, goals, and provisions of this subtitle, and all criteria of the Commission.

Cross References

27.01.02.06-1A(1)

27.01.02.06-1A(2)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.06-4 Deduction of Growth Allocation Acreage.

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Defined Terms.

(a) “Deduction” means the total number of growth allocation acres that are necessary for approval of a growth allocation project and, after approval by the Commission, are subtracted from the growth allocation reserves of the local jurisdiction in which the project is located.

(b) “Growth allocation envelope” means all of the proposed components of a growth allocation project that are necessary to serve the proposed development, including an individually owned lot, lot coverage, a road, a utility, a stormwater management measure, an on-site sewage disposal measure, an active recreation area, and additional acreage needed to meet the development requirements of the Critical Area criteria.

B. A local jurisdiction shall deduct acreage from its growth allocation reserves:

(1) For the total number of acres of a parcel for which growth allocation is approved if, as of December 1, 1985 in the Chesapeake Bay Critical Area or June 1, 2002 in the Atlantic Coastal Bays Critical Area:

(a) The parcel was less than 20 acres; or

(b) The parcel was at least 20 acres but the growth allocation application does not qualify for use of a growth allocation envelope under §B(2) of this regulation; or

(2) For the number of growth allocation acres approved within a growth allocation envelope, if:

(a) Areas that support the proposed development are included within the growth allocation envelope; and

(b) When converting:

(i) A resource conservation area to a new limited development area or a new intensely developed area, the remaining resource conservation area on the parcel outside the growth allocation envelope is at least 20 acres; or

(ii) A limited development area to a new intensely developed area, the new intensely developed area is at least 20 acres unless a lesser amount is approved in accordance with Regulation .03B(2) of this chapter.

C. Applicability. The provisions of §§D and E of this regulation are applicable to a growth allocation application to convert a resource conservation area to a new limited development area or a new intensely developed area when the application uses a growth allocation envelope under §B(2) of this regulation.

D. A local jurisdiction shall make a determination under §E of this regulation in accordance with the parcel’s resource conservation area acreage as it existed:

(1) In the Chesapeake Bay Critical Area, on December 1, 1985; or

(2) In the Atlantic Coastal Bays Critical Area, on June 1, 2002.

E. A local jurisdiction may not approve the application unless the local jurisdiction, by use of the subdivision and development history required under Regulation .06-2A(2) of this chapter, determines that, given the existing dwelling units and the development potential on the parcel outside the proposed growth allocation envelope, there remains sufficient resource conservation area acreage outside the envelope to support a minimum density of one dwelling per 20 acres, as required under Regulation .05C(4) of this chapter.

F. A local jurisdiction may exclude the following from a growth allocation deduction:

(1) The remaining resource conservation area outside a growth allocation envelope in accordance with §B(2)(b)(i) of this regulation;

(2) The remaining resource conservation area that is outside a growth allocation envelope and is less than 20 acres if:

(a) The remaining resource conservation area on the growth allocation parcel is adjacent and contiguous to a permanently protected resource conservation area on another parcel; and

(b) The sum of the total acreage of the remaining resource conservation area on the growth allocation parcel and the acreage of the permanently protected resource conservation area on another parcel is at least 20 acres;

(3) The acreage of a 300-foot setback, even when it is less than 20 acres;

(4) The acreage within the buffer required in COMAR 27.01.09.01 when it is within a 300-foot setback; and

(5) The acreage of tidal wetlands on the parcel.

G. A local jurisdiction shall authorize a maximum of one growth allocation envelope per parcel unless:

(1) Deduction of more than one growth allocation envelope will provide a water quality or habitat benefit; and

(2) The Commission approves the use of more than one growth allocation envelope.

H. A local jurisdiction shall require deduction of the number of growth allocation acres that are shown on the locally approved map.

I. When a 300-foot setback is not provided, a local jurisdiction shall require deduction for the area of the buffer required under COMAR 27.01.09.01.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.07 Grandfathering.

A. After program approval, local jurisdictions shall allow the continuation, but not necessarily the intensification or expansion, of any use in existence on the date of program approval, unless the use has been abandoned for more than 1 year or is otherwise restricted by existing local ordinances. If any existing use does not conform with the provisions of a local program, its intensification or expansion may be [permitted] authorized only in accordance with the variance procedures outlined in COMAR 27.01.12.

B. Local jurisdictions shall establish grandfather provisions as part of their local Critical Area programs. Except as otherwise provided, local jurisdictions shall allow the development of the types of land described in the following subsections in accordance with density requirements in effect prior to the adoption of the local Critical Area program, notwithstanding the density provisions of this chapter:

(1) A single lot or parcel of land that was legally of record on the date of program approval to be developed with a single family dwelling, if a dwelling is not already placed there, notwithstanding that the single family dwelling may be inconsistent with the density provisions of the approved local program;

(2) Any land on which development activity has progressed to the point of the pouring of foundation footings or the installation of structural members;

(3) Any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985, and land that was subdivided into recorded, legally buildable lots, where the subdivision received the local jurisdiction's final approval prior to June 1, 1984, if:

(a) The local jurisdiction develops, as part of its program, procedures to bring these lands into conformance with the local Critical Area program insofar as possible, including the consolidation or reconfiguration of lots not individually owned, and these procedures are approved by the Commission, or

(b) The land has received a building permit subsequent to December 1, 1985 but prior to local program approval, and is located in a resource conservation area, then the acreage of that land shall be deducted from the total growth allocation allotted to the local jurisdiction under Regulation .06 of this chapter, unless the Commission determines at the time of program approval that steps had been taken to conform the development to the criteria in this subtitle insofar as possible;

(4) In accordance with Natural Resources Article, §8-1813, Annotated Code of Maryland, land that was subdivided into recorded, legally buildable lots, where the subdivision received the local jurisdiction's final approval between June 1, 1984 and December 1, 1985; and

(5) Land that was subdivided into recorded, legally buildable lots, where the subdivision received the local jurisdiction's final approval after December 1, 1985, if:

(a) Development of any such land conforms to the criteria in this subtitle; or

(b) The acreage of that land is deducted from the total growth allocation allotted to the local jurisdiction under Regulation .06 of this chapter.

C. For purposes of implementing this regulation, a local jurisdiction shall have determined, based on land uses and development in existence on December 1, 1985, which land areas fall within the three types of land classifications described in this chapter.

D. Nothing in this regulation may be interpreted as altering any requirements for development activities set out in COMAR 27.01.03 and 27.01.09 of this subtitle.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.02.08 Lot Consolidation and Reconfiguration.

A. Definition.

(1) In this regulation, the following term has the meaning stated .

(2) Conforming.

(a) “Conforming” means a parcel or lot that meets all Critical Area requirements.

(b) “Conforming” does not include a parcel or lot:

(i) For which a Critical Area variance is sought or has been issued; or

(ii) That is in the resource conservation area and is less than 20 acres.

B. Applicability.

(1) Except as provided under §C of this regulation, and notwithstanding the location of the affected parcels or lots in a modified buffer area, the provisions of this regulation shall apply to a consolidation or reconfiguration of:

(a) In the Chesapeake Bay Critical Area:

(i) Any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985;

(ii) Land that was subdivided into recorded, legally buildable lots, if the subdivision received the local jurisdiction's final approval before June 1, 1984; and

(iii) Land that was subdivided into recorded, legally buildable lots, if the subdivision received the local jurisdiction's final approval after December 1, 1985, but not later than the date of the jurisdiction's program approval; and

(b) In the Atlantic Coastal Bays Critical Area:

(i) Any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of June 1, 2002; and

(ii) Land that was subdivided into recorded legally buildable lots, if the subdivision received the local jurisdiction's final approval before June 1, 2002.

(2) The provisions of this regulation do not apply to a conforming parcel or lot.

C. A local jurisdiction may adopt alternative procedures and requirements for the consolidation or reconfiguration of legal parcels of land or recorded, legally buildable lots listed under §B of this regulation if:

(1) The alternative procedures and requirements are at least as effective as the Critical Area program under Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, regulations adopted under the authority of that subtitle, and any additional requirements of the local program; and

(2) The Commission has approved those alternative procedures and requirements.

D. A local jurisdiction shall include in its local Critical Area program specific, written procedures and requirements for the consolidation and reconfiguration of any legal parcels of land and recorded, legally buildable lots that demonstrate how the proposed consolidation or reconfiguration:

(1) Will, to the extent possible:

(a) Minimize adverse impacts to water quality;

(b) Conserve or create additional or enhanced fish, wildlife, and plant habitats ; and

(c) Establish land use policies for development activities in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which accommodate growth and address the fact that, even if pollution is controlled, the number, movement, and activities of persons in that area can create adverse environmental impacts; and

(2) Will not increase or intensify development activities or human activities in the buffer or any other habitat protection area when compared with those activities that would result from the parcel or lot configuration in existence at the time of application for consolidation or reconfiguration.

E. An application to a local jurisdiction for the consolidation or reconfiguration of any legal parcels of land or recorded, legally buildable lots shall contain at least the following information:

(1) The date of recordation of each legal parcel of land or recorded, legally buildable lot to be consolidated or reconfigured;

(2) A plan drawn to scale in accordance with local procedures;

(3) A plan that shows all existing and proposed parcel or lot boundaries;

(4) A table that lists the number of all legal parcels of land or recorded, legally buildable lots and the number of proposed parcels or lots to be derived; and

(5) Information sufficient for the local jurisdiction to make the findings set forth in §F of this regulation.

F. A local jurisdiction may not approve a proposed parcel or lot consolidation or reconfiguration unless the local jurisdiction makes written findings that:

(1) The proposed consolidation or reconfiguration will not result in a greater number of parcels, lots, or dwelling units in the Critical Area than the configuration in existence at the time of application would allow;

(2) In the limited development area or resource conservation area, the proposed consolidation or reconfiguration:

(a) Will not result in greater lot coverage than development activities within the configuration in existence at the time of application would allow; and

(b) Will not result in greater impact to a steep slope than development activities within the lot configuration in existence at the time of application would allow, if that steep slope is located outside the buffer or expanded buffer;

(3) The proposed consolidation or reconfiguration will not:

(a) Create an additional riparian parcel or lot, waterfront lot, or any other parcel or lot deeded with water access; or

(b) Intensify or increase impacts associated with riparian access;

(4) The proposed consolidation or reconfiguration will not create:

(a) A parcel, lot, or portion of a parcel or lot that will serve development activities outside the Critical Area; or

(b) A resource conservation area parcel or lot that will serve development activities in the intensely developed area or limited development area;

(5) The proposed consolidation or reconfiguration identifies each habitat protection area on site, and, if the proposal impacts a habitat protection area, the proposed protective and restoration measures provide for the least possible adverse impact;

(6) The proposed consolidation or reconfiguration:

(a) Will not result in a greater impact to a habitat protection area than the impact that would result from development activities within the configuration in existence at the time of application; and

(b) Will minimize adverse impacts to the habitat protection area;

(7) The proposed consolidation or reconfiguration provides:

(a) Stormwater management for all proposed development activities; and

(b) Benefits to fish, wildlife, and plant habitats that are clearly identified; and

(8) The proposed consolidation or reconfiguration fully complies with the afforestation and reforestation requirements in COMAR 27.01.05 and 27.01.09, unless clearing is necessary to avoid a habitat protection area.

G. Final Written Decision or Order.

(1) A local jurisdiction shall issue a final written decision or order granting or denying an application for a consolidation, reconfiguration, or a modification or reconsideration of a consolidation or reconfiguration.

(2) Within 10 business days after the issuance of a final written decision or order, the local jurisdiction shall send to the Commission a copy of the decision or order and, if applicable, the approved development plan.

H. Appeal.

(1) The time period during which the Commission may file an appeal or a petition for judicial review begins on the date of the Commission's receipt of the final written decision or order.

(2) Unless a local ordinance or other local legal authority specifies a time period greater than 30 days, the Commission may file an appeal or a petition for judicial review within 30 days of the date of the Commission's receipt of the final decision or order.

I. A local jurisdiction may not issue a permit or approval of any type on a property affected by the final written decision or order until after the expiration of the time within which the Commission may file an appeal or a petition for judicial review.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.02 recodified to COMAR 27.01.02 in August, 1992
Administrative History: Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Administrative History: Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .04C amended effective February 8, 2010 (37:3 Md. R. 177); November 1, 2010 (37:22 Md. R. 1555)
Administrative History: Regulation .05 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .05C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .05-1 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .05-2 adopted effective April 6, 2009 (36:7 Md. R. 527)
Administrative History: Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Administrative History: Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Administrative History: Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .05C amended effective June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .06-1 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .06-1B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3A, D amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06-3G amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

27.01.03 Water-Dependent Facilities and Activities

COMAR 27.01.03.01 Definition.

A. In this chapter, the following term has the meaning indicated.

B. Term Defined — Water-Dependent Facility or Activity.

(1) “Water-dependent facility or activity” means a structure or activity that, by reason of its intrinsic nature or operation or because of its association with an industrial, maritime, recreational, educational, aquaculture, or fishery activity, is dependent on the water and requires location at or near the shoreline or in the buffer.

(2) “Water-dependent facility or activity” includes:

(a) A port;

(b) An intake or outfall structure;

(c) A marina, another boat-docking facility, or a structure or activity that is essential to the operation of the water-dependent facility, structure, or activity;

(d) A fuel pump or other fuel-dispensing equipment on a pier, a sanitary sewage pump or other wastewater removal equipment on a pier, and an office on a pier for managing marina operations, such as monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations;

(e) A public beach and any other public water-oriented recreation area; and

(f) Any other water-dependent facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds.

Cross References

27.02.05.04

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
Administrative History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland

COMAR 27.01.03.01-1 . Applicability.

A. The provisions of this chapter are not applicable to:

(1) A private pier that:

(a) Is installed or maintained by a riparian landowner; and

(b) Is not part of a residential project that provides a community pier or other community boat-docking or storage facility under Regulation .07 of this chapter; or

(2) A nonwater-dependent project covered under COMAR 27.01.13.

B. The requirements of COMAR 27.01.02 apply to this chapter.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
Administrative History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland

COMAR 27.01.03.02 Policy.

In developing and updating its Critical Area program, a local jurisdiction shall provide design and locational criteria to assure that a water-dependent facility or activity has minimal individual and cumulative impact on water quality and fish, wildlife, and plant habitats in the Critical Area.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
Administrative History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland

COMAR 27.01.03.03 General Criteria.

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

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;

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) The facility or activity is water-dependent;

(2) The facility or activity meets a recognized private right or public need;

(3) Adverse impacts on water quality and fish, wildlife, and plant habitats are first avoided or, if unavoidable, minimized; and

(4) Insofar as possible, a nonwater-dependent project associated with the water-dependent facility or activity is located outside the buffer;

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;

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

(a) Backfill for a shoreline stabilization measure;

(b) Use in a nonstructural shoreline stabilization measure, including a living shoreline;

(d) Restoration of an island;

(e) The creation, restoration, or enhancement of a wetland, or a fish, wildlife, or plant habitat; or

(f) Any other approved beneficial use; or

(2) Placement in an area that was approved for the disposal of channel maintenance dredged material before June 11, 1988; and

E. Shall ensure:

(1) The avoidance or, if unavoidable, the minimization of impacts to fish, wildlife, or plant habitat; and

(2) Mitigation at a ratio of 1:1 based on the square footage of the area of the canopy coverage removed.

Cross References

27.01.03.04A

27.01.09.01E(1)(a)(v)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
Administrative History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland

COMAR 27.01.03.04 General Requirements for the Location of Water-Dependent Facilities or Activities.

A. The provisions of this regulation are in addition to the provisions of Regulation .03 of this chapter.

B. In accordance with the provisions of this chapter and in conjunction with, as applicable, the Departments of Agriculture, the Environment, and Natural Resources, and any other appropriate federal or State agency, a local jurisdiction shall develop a plan for the approval of an area as suitable for the location of a new or expanded water-dependent facility or activity.

C. In developing the plan required under §B of this regulation, a local jurisdiction shall document how each of the following siting factors is accorded due consideration:

(1) The impact on the water body upon which the water-dependent facility or activity is proposed that would likely result from the approval of that location, including:

(a) Alteration of an existing water circulation pattern or salinity regime;

(b) Adequacy of area flushing characteristics;

(d) Interference with the natural transport of sand;

(2) Disturbance to:

(a) An oyster harvest area, as defined in COMAR 08.02.04.11;

(b) An area covered in a current aquaculture lease, as defined in Natural Resources Article, §4-11A-01, Annotated Code of Maryland;

(d) An oyster sanctuary, as established in COMAR 08.02.04.15A; and

(e) Any other shellfish located in a shellfish area regulated by the Department of Natural Resources;

(3) Avoidance of disturbance to water quality and aquatic or terrestrial habitat resulting from the method or manner of dredging; and

(4) The avoidance or, if avoidance is not possible, the minimization of:

(a) Disturbance to:

(i) A wetland;

(ii) Submerged aquatic vegetation;

(iii) A habitat of threatened or endangered species or species in need of conservation;

(iv) In accordance with COMAR 26.08.02.04-2, a water body identified by the Department of the Environment as a Tier II, high quality water body and its watershed;

(v) In accordance with COMAR 26.08.02.04-3, a water body identified by the Department of the Environment as a Tier III, outstanding natural resource water body and its watershed; and

(vi) A nontidal wetland of special State concern, as set forth in COMAR 26.23.01.01 and .04, and COMAR 26.23.06; and

(b) Adverse impact on water quality that would likely result from the facility or activity, such as nonpoint source pollution, sewage discharge, or other pollution related to vessel maintenance.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
Administrative History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland

COMAR 27.01.03.05 Industrial and Port-Related Water-Dependent Facilities and Activities.

A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.

B. A local jurisdiction may approve the development of an industrial or port-related water-dependent facility or activity that is located in the buffer in an intensely developed area that:

(1) Under the provisions of COMAR 27.01.09.01-8 has been designated as a modified buffer area; or

(2) Is an approved use in accordance with the local Critical Area program.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
Administrative History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland

COMAR 27.01.03.06 Commercial Marinas and Other Water-Dependent Commercial Maritime Facilities and Activities.

A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.

B. A local jurisdiction shall require that the operation of each commercial marina and each related commercial maritime facility or activity complies with:

(1) The requirements of COMAR 26.08.04.09 and, as applicable, COMAR 26.24.04.03; and

(2) The stormwater, wastewater, noncontact cooling water discharge, and any other applicable requirements of the Department of the Environment.

C. A local jurisdiction may approve:

(1) The development of a commercial marina or a related commercial maritime facility or activity located in the buffer of an intensely developed area or a limited development area;

(2) The redevelopment or expansion of a commercial marina or other related commercial maritime facility or activity located in the buffer of a resource conservation area; or

(3) The development of a new commercial marina or other related commercial maritime facility or activity located in the buffer of a resource conservation area, if the marina or other related facility or activity is publicly owned and meets all the requirements under Regulation .08 of this chapter.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
Administrative History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland

COMAR 27.01.03.07 Community Piers and Other Community Boat-Docking and Storage Facilities.

A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.

B. Subject to the requirements under §C of this regulation, a local jurisdiction may approve the location of a new or expanded community pier or other community boat-docking or storage facility in the buffer if:

(1) The owner or operator of the pier or facility:

(a) Does not offer food, fuel, or other goods and services for sale in the buffer or on the community pier; and

(b) As applicable, complies with the requirements of COMAR 26.24.04.03;

(2) The pier or facility is community-owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision;

(3) The pier or facility is associated with a residential project approved by the local jurisdiction as consistent with all State and local program requirements;

(4) Disturbance to the buffer is the minimum necessary to provide a single point of access to the pier or facility; and

(5) If a community pier is provided as part of a new residential project, private piers are prohibited in that residential project.

C. The number of slips authorized at a pier or facility shall be the lesser of §C(1) or (2) of this regulation:

(1) One slip for each 50 feet of shoreline in a residential project in the intense development and limited development areas, and one slip for each 300 feet of shoreline in a residential project in the resource conservation area; or

(2) A density of slips to platted lots or dwellings within a residential project in the Critical Area according to the following schedule:

| Platted Lots or Dwellings in the Critical Area | Slips | | --- | --- | | up to 15 | 1 for each lot | | 16—40 | 15 or 75%, whichever is greater | | 41—100 | 30 or 50%, whichever is greater | | 101—300 | 50 or 25%, whichever is greater | | over 300 | 75 or 15%, whichever is greater |

Cross References

27.01.03.01-1A(1)(b)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
Administrative History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland

COMAR 27.01.03.08 Public Beaches and Other Public Water-Oriented Recreation or Education Areas or Activities.

A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.

B. A local jurisdiction may approve the location of:

(1) A public beach or other public water-oriented recreation or education area or activity in the buffer of:

(a) An intensely developed area; or

(b) A limited development area or a resource conservation area if:

(i) Adequate sanitary facilities exist;

(ii) Sanitary and service facilities are, to the extent possible, located outside the buffer;

(iii) A permeable surface is used to the extent practicable, if no degradation of ground water would likely result; and

(iv) Disturbance to natural vegetation is first avoided or, if unavoidable, minimized; or

(2) A public passive outdoor recreation or education area, such as for hiking, hunting, trapping, or nature study, in the buffer of a limited development area or a resource conservation area if sanitary and service facilities to support these uses are located outside the buffer.

Cross References

27.01.03.06C(3)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
Administrative History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland

COMAR 27.01.03.09 Research-Associated and Education-Associated Water-Dependent Facilities or Activities.

A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.

B. As applicable, if an associated nonwater-dependent project is located outside the buffer, a local jurisdiction may approve the location in the buffer of a research-associated water-dependent facility or activity or of an education-associated water-dependent facility or activity.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
Administrative History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland

COMAR 27.01.03.10 Aquaculture and Fishery Facilities and Activities; Water Quality Restoration.

A. The provisions of this regulation are in addition to the provisions of Regulations .03 and .04 of this chapter.

B. A local jurisdiction may approve the location of the following facilities and activities in the buffer:

(1) A shore-based facility or activity necessary for a commercial aquaculture operation;

(2) A commercial water-dependent fishery facility or activity, including a structure for crab shedding, a fish off-loading dock, and a shellfish culture operation; and

(3) A facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.03 recodified to COMAR 27.01.03 in August, 1992
Administrative History: Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .07 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland

27.01.04 Shoreline Stabilization Measures

COMAR 27.01.04.01 Definition.

In this chapter, “shoreline stabilization measure” has the meaning stated in COMAR 27.01.01.01.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.04 recodified to COMAR 27.01.04 in August, 1992
Administrative History: Regulation .01 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .02 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .03 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .03C adopted effective September 2, 2013 (40:17 Md. R. 1421)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.04.01-1 Applicability.

The provisions of this chapter do not apply to a structure that is, by necessity, associated with a water-dependent facility under COMAR 27.01.03.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.04 recodified to COMAR 27.01.04 in August, 1992
Administrative History: Regulation .01 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .02 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .03 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .03C adopted effective September 2, 2013 (40:17 Md. R. 1421)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.04.02 Policies.

In developing and updating its Critical Area program, a local jurisdiction shall follow these policies when addressing shoreline stabilization measures:

A. Encourage the preservation of the natural shoreline.

B. Encourage public and private landowners to protect significantly eroding portions of the shoreline in the Critical Area; and

C. In order to conserve and protect plant, fish, and wildlife habitat, encourage the use of appropriate shoreline stabilization measures that effectively and practically reduce shore erosion.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.04 recodified to COMAR 27.01.04 in August, 1992
Administrative History: Regulation .01 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .02 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .03 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .03C adopted effective September 2, 2013 (40:17 Md. R. 1421)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.04.03 Criteria.

In developing and updating its Critical Area program, a local jurisdiction shall satisfy these criteria when addressing shoreline stabilization measures:

A. In accordance with COMAR 26.24.04.01-1, adherence to the structural shoreline stabilization maps developed and maintained by the Department of the Environment;

B. In accordance with Environment Article, §16-201(c), Annotated Code of Maryland, and COMAR 26.24.04.01, prohibition of the use of a structural shoreline stabilization measure in an area where no significant shore erosion occurs;

C. Performance of mitigation measures applicable to the type of shoreline stabilization measure to be undertaken, as specified in the Commission form entitled “Shoreline Stabilization Measure Buffer Management Plan”; and

D. In accordance with COMAR 26.24.04.01-3 and 27.01.09.01-3, delivery to the Commission of an approved buffer management plan for each approved shoreline stabilization measure.

Cross References

27.01.09.01-2H

27.03.01.04B(2)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.04 recodified to COMAR 27.01.04 in August, 1992
Administrative History: Regulation .01 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .02 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .03 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .03C adopted effective September 2, 2013 (40:17 Md. R. 1421)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

27.01.05 Forest and Woodland Protection

COMAR 27.01.05.01 Policies.

In developing and updating its Critical Area program, a local jurisdiction shall follow all of these policies in regard to forest and developed woodland protection:

A. Maintain and increase the forest and developed woodland vegetation of the Critical Area;

B. Conserve forests and developed woodlands and provide for expansion of forested areas;

C. Provide that the removal of trees associated with development activities is minimized and, where appropriate, mitigated; and

D. Recognize that forests are a protective land use to be managed so that maximum values for water quality, wildlife, timber, recreation, and other resources are maintained, recognizing that, in some cases, these uses may be mutually exclusive.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.05 recodified to COMAR 27.01.05 in August, 1992
Administrative History: ——————
Administrative History: Chapter revised effective March 8, 2010 (37:5 Md. R 428)
Administrative History: Regulation .01 amended effective November 1, 2010 (37:22 Md. R. 1555); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806 and 8-1808(d), Annotated Code of Maryland

COMAR 27.01.05.02 Criteria.

In developing and updating its Critical Area program, a local jurisdiction shall use all of the following criteria:

A. Where forests or developed woodlands occur within a local jurisdiction, the local jurisdiction shall develop a forest preservation plan as part of its Critical Area program. These plans are to be developed in cooperation with the Department of Natural Resources and other appropriate agencies.

B. Each forest preservation plan shall consist of the following:

(1) Identification and mapping, or otherwise designating, forests and developed woodland occurring within the Critical Area;

(2) Identification of those forest areas and developed woodlands which include habitat protection areas in COMAR 27.01.09; and which also may include forest areas that are periodically flooded within the State wetlands boundary; and

(3) Programs to provide incentives for the conversion of other land uses to forested conditions.

C. Where forests or developed woodland occur within the local jurisdiction's Critical Area, local policies and programs for tree cultural operations in the Critical Area shall include all of the following:

(1) A forest management plan shall be required for all timber harvesting occurring within any 1-year interval and affecting 1 or more acres in forests and developed woodland in the Critical Area. The plans shall be prepared by a registered professional forester and be reviewed and approved by the Department of Natural Resources through the district forestry boards and the project forester, and filed with an appropriate designated agency within their local jurisdiction. Plans shall include measures to protect surface and ground water quality and identify whether the activities will disturb or affect habitat protection areas as identified in COMAR 27.01.09, and incorporate protection measures for these areas as specified by the local jurisdictions. To provide for the continuity of habitat, the plans shall address mitigation through forest management techniques which include scheduling size, timing and intensity of harvest cuts, afforestation, and reforestation.

(2) A sediment control plan shall be required for all harvests of at least 5,000 square feet of disturbed area in the Critical Area, including harvesting on agricultural lands. This plan shall be developed according to the State guidelines entitled: “Standard Erosion and Sediment Control Plan for Forest Harvest Operations.” The operations shall be implemented in accordance with specifications set out by the Department of Natural Resources and enforced by the Department of Natural Resources or the local jurisdictions.

(3) The cutting or clearing of trees within the buffer, as described in COMAR 27.01.09, shall be in accordance with that chapter.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.05 recodified to COMAR 27.01.05 in August, 1992
Administrative History: ——————
Administrative History: Chapter revised effective March 8, 2010 (37:5 Md. R 428)
Administrative History: Regulation .01 amended effective November 1, 2010 (37:22 Md. R. 1555); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806 and 8-1808(d), Annotated Code of Maryland

27.01.06 Agriculture

COMAR 27.01.06.01 Definitions.

Repealed.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.06 recodified to COMAR 27.01.06 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 repealed effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .02 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .02B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .03 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1808(d), Annotated Code of Maryland

COMAR 27.01.06.02 Policies.

In developing and updating its Critical Area program, a local jurisdiction shall follow these policies when addressing agriculture:

A. Assure that agricultural lands are identified and that programs are established for the Critical Area to maintain, where appropriate, agricultural lands in agricultural use, to the greatest extent possible; and

B. Recognize that agriculture is a protective land use that should be properly managed so that it minimizes its contribution to pollutant loadings to the Chesapeake and Atlantic Coastal Bays and their tributaries.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.06 recodified to COMAR 27.01.06 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 repealed effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .02 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .02B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .03 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1808(d), Annotated Code of Maryland

COMAR 27.01.06.03 Criteria.

A. Applicability. The provisions of this regulation apply only to a local jurisdiction in which agriculture exists as a land use in that jurisdiction.

B. In developing and updating its Critical Area program, a local jurisdiction shall develop an agricultural protection plan as part of its Critical Area program in cooperation with the local soil conservation district, the county agricultural land preservation advisory board, and any other appropriate agency.

C. Each agricultural protection plan developed under §B of this regulation shall:

(1) Consist of:

(a) An identification, inventory, and mapping of agricultural land within the Critical Area;

(b) An identification of agricultural land that includes a habitat protection area covered in COMAR 27.01.09; and

(c) A program to maintain agricultural land in agricultural use and to protect water quality and plant and wildlife habitats, which shall at least include:

(i) Measures to encourage the preservation of agricultural land;

(ii) In accordance with the provisions of COMAR 27.01.09, protection of a habitat protection area located within agricultural land; and

(iii) In order to conform to harvest practice requirements in COMAR 27.01.05 and 27.01.09.01-7, a forest management plan for each agricultural operation that harvests timber; and

(2) Assure that:

(a) Each agricultural operation has in place and is implementing a current:

(i) Soil conservation and water quality plan; and

(ii) Nutrient management plan prepared by a certified nutrient management consultant or certified farm operator in accordance with COMAR 15.20.04.07 and .08;

(b) Agricultural activities authorized in the buffer are in accordance with COMAR 27.01.09.01-6; and

(i) By diking, draining, or filling of a nontidal wetland, except in accordance with the requirements of COMAR 26.23.05.01;

(ii) By clearing of forest or developed woodland on soil with a slope greater than 15 percent or on soil with a K-factor greater than 0.35 and a slope greater than 5 percent;

(iii) If clearing will adversely affect water quality or will destroy plant or wildlife habitat covered in COMAR 27.01.09.02.—05, as applicable; or

(iv) By clearing of existing natural vegetation within the buffer.

Cross References

27.01.09.01-6A

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.06 recodified to COMAR 27.01.06 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 repealed effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .02 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .02B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02C amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .03 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1808(d), Annotated Code of Maryland

27.01.07 Surface Mining in the Critical Area

COMAR 27.01.07.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Affected land” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

(2) “Borrow pit” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

(3) “Mineral” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

(4) “Overburden” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

(5) “Reclamation” means:

(a) The protection of a natural resource that is located in an area adjacent to a surface mining activity, including a forest, wildlife habitat, waterbody, and wetland; and

(b) The reasonable rehabilitation of affected land for a useful purpose.

(6) “Spoil pile” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

(7) Surface Mining.

(a) “Surface mining” means:

(i) The breaking of surface soil located in the Critical Area in order to extract or remove a mineral;

(ii) An activity or process that is part of the method of extraction or removal of a mineral from its original location in the Critical Area; and

(iii) The extraction or removal of sand, gravel, rock, stone, earth, or fill from a borrow pit for the purpose of constructing a road or another public facility.

(b) “Surface mining” includes:

(i) An activity related to the processing of a mineral at the site of extraction or removal;

(ii) Extraction or removal of overburden and mining of a limited amount of a mineral when done for the purpose of prospecting, to the extent necessary, for the purpose of determining the location, quantity, or quality of a natural deposit; and

(iii) A mining activity.

(c) “Surface mining” does not include an activity or process that is excluded under the provisions of Environment Article, §15-807, Annotated Code of Maryland, or COMAR 26.21.01.08.

(8) Wash Plant.

(a) “Wash plant” means a facility where sand or gravel is washed during processing.

(b) “Wash plant” includes a stockpile, a wash pond, and related washing equipment.

Cross References

27.02.05.08B(5)

27.02.05.08B(7)

27.02.05.08B(8)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.07 recodified to COMAR 27.01.07 in August, 1992
Administrative History: Regulation .03B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .02A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1808(d), Annotated Code of Maryland

COMAR 27.01.07.01-1 Applicability and Construction.

A. The provisions of this chapter are applicable:

(1) In accordance with Land Use Article, §3-102, Annotated Code of Maryland, to each local jurisdiction in the Critical Area that is required to include a mineral resources element in its comprehensive plan;

(2) To each surface mining activity for which a license, permit, or other approval was issued on or after the date of local program approval; and

(3) To any other statutory or regulatory requirement applicable under federal or State law.

B. Notwithstanding any other provision of law, the provisions of this chapter may not be construed to prohibit the location or use of a water-dependent facility, in accordance with COMAR 27.01.03, for the transport of a surface mining product or by-product.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.07 recodified to COMAR 27.01.07 in August, 1992
Administrative History: Regulation .03B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .02A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1808(d), Annotated Code of Maryland

COMAR 27.01.07.02 Policies.

In developing and updating its Critical Area program, a local jurisdiction shall ensure that due consideration is accorded to:

A. When locating a surface mining activity, avoidance or, if unavoidable, minimization of:

(1) The substantial loss of renewable resource land; and

(2) The degradation of water quality; and

B. When conducting a surface mining activity:

(1) Utilization of all available measures to protect the Critical Area from all sources of pollution resulting from that activity, including sedimentation and siltation, chemical and petrochemical use and spillage, and storage or disposal of waste, dust, or spoil; and

(2) Facilitation of site reclamation, including renewable resource land, as soon as possible and to the maximum extent possible.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.07 recodified to COMAR 27.01.07 in August, 1992
Administrative History: Regulation .03B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .02A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1808(d), Annotated Code of Maryland

COMAR 27.01.07.03 Criteria.

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

A. In conjunction with, as applicable, the Departments of Agriculture, Environment, and Natural Resources, and any other appropriate federal or State agency, develop a mineral resources plan and management program that is included in its comprehensive plan and consists of:

(1) In accordance with Land Use Article, §§1-411 and 3-107, Annotated Code of Maryland, the identification and mapping of the undeveloped land in the Critical Area that is best kept in its undeveloped state until the land can be used to provide or assist in providing a continuous supply of minerals;

(2) Each surface mining area that includes a habitat protection area under COMAR 27.01.09; and

(3) In accordance with COMAR 27.01.02, at each location where surface mining is, or has been, conducted, the identification of:

(a) Post-reclamation land uses that, where applicable, prioritize the establishment or re-establishment of renewable resource products, such as agriculture and forestry, and other land uses that benefit water quality and habitat, such as wetlands, habitat restoration, and open space; and

(b) Any other appropriate post-reclamation land use, such as recreation and development;

B. Designate each portion of the Critical Area that is unsuitable for surface mining and prohibit surface mining in those locations, including:

(1) In accordance with the provisions of COMAR 27.01.09, a habitat protection area;

(2) An area where highly erodible soil exists; and

(3) An area that is within 100 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream, unless:

(a) A license, permit, or other approval to conduct a specific aspect of surface mining was issued before the date of local program approval; and

(b) If expansion of the scope or size of the surface mining activity has occurred since the date of local program approval, the expansion complies with State law and local program requirements;

C. Require the reclamation of a wash pond in accordance with State law and local program requirements; and

D. Prohibit the location of a wash plant within the buffer in accordance with COMAR 27.01.09.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.07 recodified to COMAR 27.01.07 in August, 1992
Administrative History: Regulation .03B amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: ——————
Administrative History: Chapter revised effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .02A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1808(d), Annotated Code of Maryland

27.01.08 Natural Parks

COMAR 27.01.08.01 Definition.

“Natural parks” means areas of natural habitat that provide opportunities for those recreational activities that are compatible with the maintenance of natural conditions.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.08 recodified to COMAR 27.01.08 in August, 1992
Administrative History: Regulation .03 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1808(d), Annotated Code of Maryland

COMAR 27.01.08.02 Policy.

It is the policy of the Commission to encourage the creation of opportunities for interaction between people and natural environments without destroying the fragile components of natural habitats.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.08 recodified to COMAR 27.01.08 in August, 1992
Administrative History: Regulation .03 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1808(d), Annotated Code of Maryland

COMAR 27.01.08.03 Criteria.

In developing and updating its Critical Area program, a local jurisdiction shall use all of the following criteria:

A. A local jurisdiction shall identify areas within its Critical Area where natural parks could be established, and consider conserving these features through acquisitions, easements, designation, or other appropriate means. Parks should not be chosen to preserve only natural curiosities, but they should be planned to include examples of coastal ecosystems that are found within the jurisdiction, each with its geological and biological resources intact. Park boundaries should be based on biological necessity rather than administrative convenience.

B. Plans developed for the use of parks should recognize that all natural terrain has a finite capacity to tolerate human disturbances and, therefore, should limit the number of park visitors in any park at any one time or in the course of a season.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: COMAR 14.15.08 recodified to COMAR 27.01.08 in August, 1992
Administrative History: Regulation .03 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1808(d), Annotated Code of Maryland

27.01.09 Habitat Protection Areas in the Critical Area

COMAR 27.01.09.01 Buffer.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Accessory” means a structure that is:

(a) Detached from a principal structure;

(b) Located on the same lot as the principal structure; and

(2) “Addition” means a newly constructed area that increases the size of a structure.

(3) Buffer Management Plan.

(a) “Buffer management plan” means a narrative, graphic description, or plan of the buffer that is necessary when an applicant proposes a development activity that will:

(i) Affect a portion of the buffer;

(ii) Alter buffer vegetation; or

(iii) Require the establishment of a portion of the buffer in vegetation.

(b) “Buffer management plan” includes a major buffer management plan, a minor buffer management plan, and a simplified buffer management plan.

(4) “Caliper” has the meaning stated in COMAR 08.19.03.01.

(5) “Canopy tree” means a tree that, when mature, reaches a height of at least 35 feet.

(5-1) “Ecosystem” means a more or less self-contained biological community together with the physical environment in which the community’s organisms occur.

(6) “Fully established” means the buffer contains as much diverse, native vegetation as necessary to support a firm and stable riparian habitat capable of self-sustaining growth and regeneration.

(6-1) Hazardous Tree.

(a) “Hazardous tree” means:

(i) A tree with a structural defect, such as a crack, canker, weak branch union, decay, dead wood, root damage, or root disease, that decreases the structural integrity of the tree and which, because of its location, is likely to fall and cause personal injury or property damage, including acceleration of soil erosion; or

(ii) Based on its location in the landscape, a healthy tree that, with continued normal growth, will damage an existing permanent structure or significantly increase the likelihood of soil erosion.

(b) “Hazardous tree” does not include a tree for which the likelihood of personal injury, property damage, or soil erosion can reasonably be eliminated or significantly diminished:

(i) With routine and proper arboricultural practices, such as regular watering, application of fertilizer or mulch, and pruning; or

(ii) By relocation of property that is likely to be damaged.

(7) “In-kind replacement” means the removal of a structure and the construction of another structure that is smaller than or identical to the original structure in use, footprint area, width, and length.

(8) “Invasive species” means a type of plant that is non-native to the ecosystem under consideration and whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health.

(9) Repealed.

(10) “Large shrub” means a shrub that, when mature, reaches a height of at least 6 feet.

(10-1) “Limit of disturbance” means the area of a development or redevelopment activity that includes temporary disturbance and permanent disturbance.

(11) “Major buffer management plan” means a plan and supporting documentation required under Regulation .01-3J of this chapter.

(12) “Minor buffer management plan” means a plan and supporting documentation required under Regulation .01-3I of this chapter.

(13) “Native” means indigenous to the physiographic area in Maryland where the planting is proposed.

(14) “Natural regeneration” has the meaning stated in COMAR 08.19.03.01.

(14-1) Permanent Disturbance.

(a) “Permanent disturbance” means a material, enduring change in the topography, landscape, or structure that occurs as part of a development or redevelopment activity.

(b) “Permanent disturbance” includes:

(i) Construction or installation of any material that will result in lot coverage;

(ii) Construction of a deck;

(iii) Except under §B(18-2)(b)(iii) of this regulation, grading;

(iv) Except under §B(18-2)(b)(ii) of this regulation, clearing of a tree, forest, or developed woodland; and

(v) A septic system in a forest or developed woodland on a lot created before local program approval, if clearing is required.

(c) “Permanent disturbance” does not include a septic system on a lot created before local program approval if the septic system is located in existing grass or clearing is not required.

(15) “Simplified buffer management plan” means a plan required for an application under Regulation .01-3H of this chapter.

(16) “Small shrub” means a shrub that, when mature, reaches a height of up to 6 feet.

(17) Repealed.

(18) “Substantial alteration” means a repair, reconstruction, replacement, or improvement of a principal structure, with a proposed total footprint that is at least 50 percent greater than that of the structure that is the subject of the application.

(18-1) “Supplemental planting plan” means a description and landscape schedule that shows the proposed species type, quantity, and size of plants to be located within a buffer if natural regeneration does not meet the required stem density.

(18-2) Temporary Disturbance.

(a) “Temporary disturbance” means a short-term change in the landscape that occurs as part of a development or redevelopment activity.

(b) “Temporary disturbance” includes:

(i) Storage of materials that are necessary for the completion of the development or redevelopment activity;

(ii) Construction of a road or other pathway that is necessary for access to the site of the development or redevelopment activity, if the road or pathway is removed immediately after completion of the development or redevelopment activity and the area is restored to its previous vegetative condition;

(iii) Grading of a development site, if the area is restored to its previous vegetative condition immediately after completion of the development or redevelopment activity; and

(iv) Locating a septic system on a lot created before local program approval if the septic system is located in existing grass or clearing is not required.

(i) A septic system in a forest or developed woodland on a lot created before local program approval, if clearing is required; and

(ii) A violation.

(19) “Understory tree” means a tree that, when mature, reaches a height of 12 to 35 feet.

(20) Repealed.

C. Policies. In developing and updating its Critical Area program, a local jurisdiction shall use all of the following policies with regard to the buffer:

(1) Provide for the removal or reduction of sediments, nutrients, and potentially harmful or toxic substances in runoff entering the Chesapeake and Atlantic Coastal Bays or their tributaries;

(2) Minimize the adverse effects of human activities on wetlands, shorelines, stream banks, tidal waters, and aquatic resources;

(3) Maintain an area of transitional habitat between aquatic and upland communities;

(4) Maintain the natural environment of streams; and

(5) Protect riparian wildlife habitat.

D. Authority of Secretary; Scope; Alternative Procedures and Requirements.

(1) The provisions of this chapter may not be construed to limit the authority of the Secretary of Agriculture under Agriculture Article, Title 9, Subtitle 4, Annotated Code of Maryland.

(2) Except for a shoreline stabilization measure in a modified buffer area, the provisions of this regulation through Regulation .01-7 of this chapter do not apply within a modified buffer area under Regulation .01-8 of this chapter.

(3) A local jurisdiction may adopt alternative procedures and requirements for the provisions of this chapter if:

(a) The alternative procedures and requirements are at least as effective as the Critical Area program under Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, regulations adopted under the authority of that subtitle, and any additional requirements of the local program; and

(b) The Commission has approved those alternative procedures and requirements.

E. Buffer Standards.

(1) In conjunction with mitigation performed in accordance with an approved buffer management plan under Regulation .01-3 of this chapter, a local jurisdiction may authorize disturbance in the buffer for:

(a) A development activity:

(i) Associated with a water-dependent facility or activity under COMAR 27.01.03;

(ii) Authorized under a variance;

(iii) In accordance with §E(8) of this regulation;

(iv) In accordance with Regulation .01-3B of this chapter; or

(v) Associated with the placement of dredged material under COMAR 27.01.03.03D; or

(b) In accordance with COMAR 26.24.02, a shoreline stabilization measure under COMAR 27.01.04.

(2) Except as authorized under §E(1) of this regulation, a local jurisdiction may not authorize disturbance in the buffer.

(3) Except for the buffer widths under §E(5)—(7) of this regulation and based on existing field conditions, a local jurisdiction shall require the measurement of a buffer of at least 100 feet [ landward from ] :

(a) Landward from the mean high water line of tidal waters;

(b) From the landward boundary of a tidal wetland; and

(4) To calculate the buffer widths under §E(5)—(7) of this regulation, a local jurisdiction shall require the measurement of the buffer from the points specified under §E(3) of this regulation.

(5) If a local jurisdiction grants final local approval for a subdivision or a site plan in a resource conservation area on or after July 1, 2008, the local jurisdiction shall require:

(a) A buffer of at least 200 feet landward from the mean high water line of tidal waters or from the landward boundary of a tidal wetland; and

(b) An expanded buffer in accordance with §E(7) of this regulation.

(6) The provisions of §E(5)(a) of this regulation do not apply if:

(a) The application for subdivision or site plan approval was submitted before July 1, 2008, and legally recorded by July 1, 2010;

(b) The application involves the use of growth allocation; or

(c) A local program procedure approved by the Commission provides for the reduction of the strict application of a 200-foot buffer under §E(5)(a) of this regulation if a 200-foot buffer would preclude a subdivision of the property at a density of one dwelling unit per 20 acres or an intra-family transfer authorized under Natural Resources Article, §8-1808.2, Annotated Code of Maryland.

(7) If a buffer is contiguous to a steep slope, a nontidal wetland, a nontidal wetland of special State concern under COMAR 26.23.06, a hydric soil, or a highly erodible soil, a local jurisdiction shall expand the buffer width required under §E(3) or (5)(a) of this regulation and shall calculate the extent of that expansion in accordance with all of the following requirements:

(a) A steep slope at a rate of 4 feet for every 1 percent of slope or to the top of the slope, whichever is greater;

(b) In accordance with COMAR 26.23.01.01B;

(i) A nontidal wetland to its upland boundary; and

(ii) A nontidal wetland of special State concern to include the wetland and its regulated 100-foot buffer; and

(i) The landward boundary; or

(ii) 300 feet, including the buffer width required under §E(3) or (5)(a) of this regulation.

(8) If a buffer is contiguous to a hydric soil or to a highly erodible soil on a slope less than 15 percent and that buffer is located on a lot or parcel that was created before January 1, 2010, a local jurisdiction may authorize a development activity in the expanded buffer if:

(a) The location of the development activity is in the expanded portion of the buffer but not in the buffer required under §E(3) of this regulation;

(b) The buffer occupies at least 75 percent of the lot or parcel; and

(c) Mitigation occurs at a 2:1 ratio based on the lot coverage of the proposed development activity that is in the expanded buffer.

Cross References

26.24.01.02B(7-2)

26.24.03.06B(3)(c)

26.24.04.01-3A(4)

27.01.02.06-1B(17)

27.01.02.06-2B

27.01.02.06-4F(4)

27.01.02.06-4I

27.01.03.05B(1)

27.01.04.03D

27.01.06.03C(1)(c)(iii)

27.01.06.03C(2)(b)

27.01.09.01-6B(1)

27.01.09.01-7A

27.01.09.01-8A

27.01.14.04C(1)

27.01.14.04C(3)(b)

27.02.05.09B(1)

27.02.05.09B(4)(a)

27.02.05.09B(5)

27.02.05.09B(6)

27.02.05.09B(8)

27.02.05.15-1C(1)

27.02.05.15-1C(3)(b)

27.02.07.02D

27.03.01.04B(2)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.01-1 Buffer Establishment.

A. Applicability.

(1) The requirements of this regulation are applicable to:

(a) A development or redevelopment activity that occurs on a lot or parcel that includes a buffer if that development or redevelopment activity is located outside the buffer; and

(b) The approval of a subdivision that includes a buffer .

(2) If an applicant for a subdivision of a lot under §A(1)(b)of this regulation uses or leases the lot for an agricultural purpose, the applicant:

(a) In accordance with local land recordation requirements, shall record an approved buffer management plan under Regulation .01-3 of this chapter; and

(b) If authorized by the local jurisdiction, may delay implementation of the buffer management plan until the use of the lot is converted to a nonagricultural purpose.

(3) The requirements of this regulation are not applicable to an in-kind replacement of a structure.

B. A local jurisdiction shall require an applicant to establish the buffer in vegetation in accordance with §C of this regulation and Regulation .01-2 of this chapter and to provide a buffer management plan under Regulation .01-3 of this chapter when an applicant applies for:

(1) Approval of a subdivision;

(2) Conversion from one land use to another land use on a lot or a parcel; or

(3) Development on a lot or a parcel created before January 1, 2010.

C. When the buffer is not fully forested or is not fully established in existing, naturally occurring woody or wetland vegetation, an applicant shall establish the buffer to the extent required in the following table:

| Development Category | Lot Created Before Local Program Adoption | Lot Created After Local Program Adoption | | --- | --- | --- | | Development on a vacant lot | Establish the buffer based on total square footage of lot coverage outside the buffer | Fully establish the buffer | | Subdivision | Fully establish the buffer | | | New lot with an existing dwelling unit | Establish the buffer based on total square footage of lot coverage outside the buffer | | | Conversion of a land use on a parcel or lot to another land use | Fully establish the buffer | | | Addition, accessory structure, or redevelopment | Establish the buffer based on net square footage increase in lot coverage outside the buffer | | | Substantial alteration | Establish the buffer based on total square footage of lot coverage outside the buffer | |

D. A local jurisdiction may authorize an applicant to deduct from the total establishment requirement an area of lot coverage removed from the buffer if:

(1) The lot coverage existed before the date of local program adoption or was allowed by local procedures; and

(2) The total area is stabilized.

Cross References

27.01.09.01-2B

27.01.09.01-3B(1)

27.01.09.01-3I(1)(a)

27.01.09.01-3I(2)(e)

27.01.09.01-3J(1)(a)

27.01.09.01-3J(2)(f)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.01-2 Mitigation and Planting Standards.

A. Applicability. The requirements of this regulation are applicable to a development or redevelopment activity that occurs on a lot or parcel that includes a buffer when that development or redevelopment activity is located inside the buffer.

B. As applicable to a site, a local jurisdiction shall require that a buffer management plan in accordance with Regulation .01-3 of this chapter satisfy the planting and mitigation standards of this regulation and satisfy the buffer establishment standards required under Regulation .01-1 of this chapter so as to:

(1) Prohibit the installation or cultivation of new lawn or turf on-site in the buffer;

(2) Ensure the planting of native species in compliance with the amounts specified under §§C, D, H, J, and K of this regulation;

(3) Ensure coverage of the buffer with mulch or native ground cover or both until buffer plantings are established; and

(4) Ensure plantings are distributed throughout the buffer to provide optimum habitat and water quality benefits.

C. Permanent Disturbance. As applicable to a site, a local jurisdiction shall calculate the cumulative amount of buffer mitigation required for permanent disturbance in accordance with the following standards:

(1) Except as specified under §C(2) and (3) of this regulation, mitigation for a development or redevelopment activity in the buffer or for the removal of an individual tree, developed woodland, or forest shall be calculated:

(a) According to the ratios under §H of this regulation; and

(b) Based on the square footage of the area of the canopy coverage removed, as determined by the local jurisdiction.

(2) For removal of a diseased, dying, invasive, or hazardous tree:

(a) Mitigation shall be one tree of at least a 3/4-inch caliper for each tree removed; or

(b) The affected area shall be stabilized in native woody vegetation, if a tree cannot be replanted due to space constraints.

(3) For removal of a dead tree, the affected area shall be stabilized with native groundcover or other native vegetation as necessary.

D. Temporary Disturbance. As applicable to a site, a local jurisdiction shall require that an area in the buffer that is temporarily disturbed by a development activity be restored to pre-disturbance conditions.

E. Except as authorized under §F of this regulation, if mitigation planting cannot be located on-site within the buffer because of site constraints, a local jurisdiction shall require planting in the following order of priority:

(1) On-site and adjacent to the buffer; and

(2) On-site elsewhere in the Critical Area.

F. A local jurisdiction may authorize payment of a fee in lieu of buffer mitigation under Regulation .01-5 of this chapter, but only if there is no feasible alternative.

G. A local jurisdiction may authorize off-site planting in the buffer if this option is part of a local Critical Area program approved by the Commission or the subject of a written agreement between the local jurisdiction and the Commission.

H. Permanent Disturbance. In accordance with the applicable activity, a local jurisdiction shall require the following ratios of mitigation for each permanent disturbance:

| Activity | Mitigation Ratio | | --- | --- | | Septic on a lot created before local program approval if located in existing grass or if clearing is not required | Not applicable | | Septic system in a forest or developed woodland on a lot created before local program approval if clearing is required | 1:1 | | A shoreline stabilization measure, unless otherwise authorized under COMAR 27.01.04.03 | 1:1 | | Riparian water access | 2:1 | | Development of a water-dependent facility or activity under COMAR 27.01.03 | 2:1 | | Variance | 3:1 | | Violation | 4:1 |

I. A local jurisdiction may authorize an applicant to deduct from the total mitigation requirement an area of lot coverage removed from the buffer if:

(1) The lot coverage existed before the date of local program adoption or was allowed by local procedures; and

(2) The total area is stabilized.

J. A local jurisdiction may authorize a combination of plantings for buffer mitigation in accordance with the following table:

| Total Mitigation Requirement | Options | | --- | --- | | Less than 1 acre | Landscaping stock according to §L of this regulation for the entire area | | 1 acre or greater | At least 50 percent of area in landscaping stock according to §L of this regulation, with the remainder according to §O of this regulation |

K. A local jurisdiction may authorize a combination of plantings and natural regeneration for buffer establishment in accordance with the following table:

| Total Establishment Requirement | Options | | --- | --- | | Less than ¼ acre | Landscaping stock according to §L of this regulation for the entire area | | ¼ acre to 1 acre | At least 25 percent landscaping stock according to §L of this regulation, with the remainder a combination according to §O of this regulation or natural regeneration according to Regulation .01-4 of this chapter | | Greater than 1 acre | At least 10 percent landscaping stock according to §L of this regulation, with the remainder a combination according to §O of this regulation or natural regeneration according to Regulation .01-4 of this chapter |

L. A local jurisdiction shall apply the following planting credits for the type and size of the vegetation proposed:

| Vegetation Type | Minimum Size Eligible for Credit | Maximum Credit Allowed (Square Feet) | Maximum Percent of Landscape Stock Credit | | --- | --- | --- | --- | | Canopy tree | 2-inch caliper | 200 | Not applicable | | Canopy tree | 3/4-inch caliper | 100 | Not applicable | | Understory tree | 3/4-inch caliper | 75 | Not applicable | | Large shrub | 3 feet high | 50 | 30 | | Small shrub | 18 inches high | 25 | 20 | | Herbaceous perennial | 1 quart or based on the area covered by plugs or seed mix | 2 | 10 | | Planting Cluster for buffer establishment or mitigation of less than ½ acre | 1 canopy tree; and 3 large shrubs or 6 small shrubs of sizes listed above | 300 | Not applicable | | Planting Cluster for buffer establishment or mitigation of less than ½ acre | 2 understory trees; and 3 large shrubs or 6 small shrubs of sizes listed above | 350 | Not applicable |

M. A local jurisdiction may authorize an applicant to increase the percentage of large shrubs, small shrubs, or herbaceous perennials in a buffer management plan if:

(1) The buffer has existing canopy coverage of at least 50 percent; or

(2) Site constraints that preclude canopy planting, including severely eroding slopes, salt water intrusion, predominately sandy soils, or unconsolidated fill.

N. All landscaping stock planted in accordance with §L of this regulation shall be 100 percent guaranteed for at least 2 years after planting is completed.

O. A local jurisdiction may use the following table to allow flexible stocking size when authorized under §§J and K of this regulation:

| Stock Size of Trees Only | Required Number of Stems Per Acre | Survivability Requirement | Minimum Financial Assurance Period After Planting | | --- | --- | --- | --- | | Bare-root seedling or whip | 700 | 50 percent | 5 years | | ½-inch to 1-inch container grown trees | 450 | 75 percent | 2 years | | More than 1-inch container grown trees | 350 | 90 percent | 2 years |

P. A local jurisdiction may not:

(1) Authorize a variance to the planting and mitigation standards under this regulation; or

(2) Issue a final use and occupancy permit for an application under Regulation .01-3B(2) of this chapter unless the applicant:

(a) Completes the planting required under an approved buffer management plan; or

(b) Pending completion of the planting required under an approved buffer management plan during the next planting season, provides financial assurance to cover the costs for:

(i) Materials and installation; and

(ii) In the case of a mitigation or establishment requirement that is at least 5,000 square feet, long-term survivability in accordance with the requirements of Regulation .01-3J(2)(d) of this chapter.

Q. Before recordation of a final subdivision or final approval of a site plan for a multifamily, commercial, industrial, or institutional use, an applicant shall:

(1) Post permanent signs delineating the upland boundary of the buffer at a ratio of at least one sign per lot or per 200 linear feet of shoreline, whichever is applicable; and

(2) Design each sign required under §Q(1) of this regulation so that it:

(a) Is at least 6 inches in width and 8 inches in height;

(b) Is placed at a height of 4.5 feet, but not attached to a tree; and

R. Concurrent with the recordation of a final plat and in accordance with Regulation .01-3 of this chapter, an applicant shall record an easement or similar instrument for a buffer management plan.

S. A local jurisdiction may not approve a final subdivision application until the jurisdiction has reviewed and approved the buffer management plan submitted under Regulation .01-3 of this chapter.

Cross References

27.01.09.01-1B

27.01.09.01-3D(1)

27.01.09.01-3I(1)(b)

27.01.09.01-3I(2)(f)

27.01.09.01-3J(1)(b)

27.01.09.01-3J(2)(g)

27.01.09.01-5A

27.01.09.01-5B(1)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.01-3 Buffer Management Plans.

A. The provisions of this regulation do not apply to maintenance of an existing grass lawn or an existing garden in the buffer.

B. A local jurisdiction shall require an applicant proposing a development activity to submit a buffer management plan if:

(1) The establishment of the buffer is required in accordance with Regulation .01-1 of this chapter; or

(2) Disturbance to the buffer will result from the issuance of an authorization, including a:

(a) Variance;

(b) Subdivision approval;

(d) Local approval of a shoreline stabilization measure, as authorized by the Board of Public Works or the Department of the Environment;

(e) Building permit;

(f) Grading permit;

(g) Special exception; or

(h) Permit or other approval by a local health department for the installation, repair, or replacement of a septic system.

C. In accordance with the requirements under Regulations .01-1 and .01-2 of this chapter, a local jurisdiction shall require an applicant to submit a:

(1) Simplified buffer management plan;

(2) Minor buffer management plan; or

(3) Major buffer management plan.

D. A local jurisdiction may not approve a buffer management plan unless:

(1) The plan clearly indicates that all planting standards under Regulation .01-2 of this chapter will be met; and

(2) Appropriate measures are in place for the protection and maintenance of all buffer areas established under this regulation.

E. A local jurisdiction may not issue a permit or other approval for a development activity under Regulation .01-1 or .01-2 of this chapter unless the local jurisdiction has approved the buffer management plan submitted under §C of this regulation.

F. If an applicant fails to implement a buffer management plan, that failure shall constitute a violation of the local Critical Area program.

G. A local jurisdiction may not issue a permit or other approval of a development activity for a property that is the subject of a violation under §F of this regulation.

H. Simplified Buffer Management Plan.

(1) Before the performance of an activity under this section in the buffer, a local jurisdiction shall require the applicant to submit a simplified buffer management plan as part of the application associated with any of the following activities:

(a) Providing access up to 3 feet wide to a private pier or shoreline that is up to 3 feet wide;

(b) Manually removing invasive or noxious vegetation;

(d) Managing storm damage;

(e) Repairing or replacing a septic system; or

(f) Except for an emergency situation under §H(2) of this regulation, cutting up to five dead, diseased, dying, invasive, or hazardous trees.

(2) If cutting a tree in the buffer is immediately necessary because of an emergency situation, the applicant shall submit a simplified buffer management plan to the local jurisdiction at the earliest possible time after the tree has been cut.

(3) A simplified buffer management plan shall include:

(a) A brief narrative describing the proposed activity, including the anticipated start date and method to be used;

(b) The proposed mitigation;

(c) In the case of the removal of invasive or noxious species, the revegetation of the area in accordance with Regulation .01-2 B(1) and (3) of this chapter;

(d) The proposed planting date; and

(e) The signature of the party responsible for the proposed activity and for ensuring the survival of the planting.

I. Minor Buffer Management Plan.

(1) A local jurisdiction shall require an applicant to submit a minor buffer management plan for:

(a) Establishment of less than 5,000 square feet of the buffer for an application listed under Regulation .01-1 of this chapter; or

(b) A requested disturbance that requires less than 5,000 square feet of mitigation for an application listed under Regulation .01-2 of this chapter.

(2) A minor buffer management plan shall include:

(a) A plan that shows the proposed limit of disturbance, the total number and size of trees to be removed, if applicable, and the arrangement of the planting to be done;

(b) A landscape schedule that shows the proposed species type, the quantity of plants, the size of plants to be installed, and the planting date;

(c) A maintenance plan for the control of invasive species, pests, and predation that shows invasive species and pest control practices, the provision of at least 2 years of monitoring, and a reinforcement planting provision if survival rates fall below the standards in Regulation .01-2M and N of this chapter;

(d) An inspection agreement that grants permission to the local jurisdiction to inspect the plantings at appropriate times;

(e) If buffer establishment is required under Regulation .01-1 of this chapter, the information on which calculation of the amount of buffer to be planted was based;

(f) If buffer mitigation is required under Regulation .01-2 of this chapter, the information on which calculation of the amount of the buffer to be planted was based; and

(g) The signature of the party responsible for the proposed activity and for ensuring the survival of the planting.

J. Major Buffer Management Plan.

(1) A local jurisdiction shall require an applicant to submit a major buffer management plan for:

(a) Establishment of at least 5,000 square feet of the buffer for an application listed under Regulation .01-1 of this chapter; or

(b) A requested disturbance that requires at least 5,000 square feet of mitigation for an application listed under Regulation .01-2 of this chapter.

(2) A major buffer management plan shall include:

(a) A plan that shows the proposed limit of disturbance, the total number and size of trees to be removed, if applicable, and the arrangement of the planting to be done;

(b) A landscape schedule that shows the proposed species type, the quantity of plants, the size of plants to be installed, and the planting date;

(c) A maintenance plan for the control of invasive species, pests, and predation that shows invasive species and pest control practices, the provisions of at least 2 years of monitoring, and a reinforcement planting provision if survival rates fall below the standards in Regulation .01-2 M and N of this chapter;

(d) A long-term protection plan that includes evidence of financial assurance that adequately covers the planting and survivability requirement, a provision for at least 2 years of monitoring as required in Regulation .01-2 M and N of this chapter, and if planting, an anticipated planting date before construction or the sale of the lot;

(e) An inspection agreement that grants permission to the local jurisdiction to inspect the plantings at appropriate times;

(f) If buffer establishment is required under Regulation .01-1 of this chapter, the information on which calculation of the amount of buffer to be planted was based;

(g) If buffer mitigation is required under Regulation .01-2 of this chapter, the information on which calculation of the amount of the buffer to be planted was based; and

(h) The signature of the party responsible for the proposed activity and for the survival of the planting.

(3) For a major buffer management plan a single species may not exceed 20 percent of the total planting requirement.

Cross References

27.01.09.01E(1)

27.01.09.01-1A(2)(a)

27.01.09.01-1B

27.01.09.01-2B

27.01.09.01-2R

27.01.09.01-2S

27.01.09.01-4A(2)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.01-4 Natural Regeneration Requirements.

A. The provisions of this regulation are:

(1) Applicable to a buffer management plan that includes natural regeneration; and

(2) In addition to the requirements under Regulation .01-3 of this chapter.

B. A local jurisdiction shall ensure that:

(1) The buffer management plan does not include any new managed lawn or turf;

(2) The natural regeneration area is within 300 feet of a mature forest of at least 1 acre that contains a seed bank of native species adequate for natural regeneration; and

(3) The buffer management plan includes all of the information identified in §C of this regulation.

C. The natural regeneration component of a buffer management plan shall consist of:

(1) A site plan that includes:

(a) Delineation of the proposed area within 300 feet of a mature forest that contains a seed bank of native species adequate to support natural regeneration;

(b) The soil type; and

(c) In accordance with Regulation .01-2P of this chapter, signage that delineates the natural regeneration area at one sign per 200 linear feet along the boundary of the area; and

(2) A description in narrative form of:

(a) Nearby seed sources of mature tree species;

(b) Presence or absence of invasive species in the proposed natural regeneration area and in the nearby forest, and, if applicable, control practices for those invasive species;

(c) Soil texture, soil moisture regime, sunlight exposure, and soil amendments of the proposed natural regeneration area;

(d) Site preparation methods and timing;

(e) A monitoring plan; and

(f) A supplemental planting plan to be implemented in accordance with §D of this regulation; and

(3) Financial assurance for at least 5 years that:

(a) Is sufficient to cover the cost of planting an area equivalent to the area of proposed natural regeneration; and

(b) Specifies that release of the financial assurance may not occur until the natural regeneration area, through natural growth and, if necessary, implementation of the supplemental planting plan, contains at least 300 live trees on a per acre basis that are at least 4 feet tall.

D. Report, Inspection, and Procedures for Release of Financial Assurance.

(1) Five years after the date of approval of a buffer management plan that includes natural regeneration, the party responsible for the development or redevelopment activity and the survival of the planting associated with that activity shall submit to the local jurisdiction a report for the natural regeneration area that contains:

(a) Photographs of the natural regeneration area;

(b) Based on standard sampling practices, an estimate of the number and average size of trees growing within the natural regeneration area on a per acre basis; and

(2) Upon receipt of the report, the local jurisdiction shall inspect the natural regeneration site.

(3) If the natural regeneration area does not contain at least 300 live trees on a per acre basis that are at least 4 feet tall, the local jurisdiction may:

(a) Extend the term of the natural regeneration and financial assurance to allow for up to 5 additional years of growth, if the report and inspection indicate viable progress toward natural regeneration; or

(b) Require implementation of the supplemental planting plan provided in the natural regeneration component of the buffer management plan.

(4) If the local jurisdiction extends the term of the natural regeneration and financial assurance to allow for additional growth under §D(3)(a) of this regulation, the local jurisdiction may increase the amount of financial assurance required.

(5) Upon expiration of the time provided under an extension of the term of natural regeneration and financial assurance or under a supplemental planting plan:

(a) The party responsible shall submit to the local jurisdiction an updated report that contains all the information required under §D(1) of this regulation; and

(b) Upon receipt of the report, the local jurisdiction shall re-inspect the natural regeneration site.

(6) At the end of 5 years after the date of approval of a buffer management plan that includes natural regeneration, at the end of a term extension provided under §D(3)(a) of this regulation, or at the end of the implementation of a supplemental planting plan required under §D(3)(b) of this regulation, if the natural regeneration area:

(a) Contains at least 300 live trees on a per acre basis that are at least 4 feet tall, the local jurisdiction shall release the financial assurance; or

(b) Does not contain at least 300 live trees on a per acre basis that are at least 4 feet tall, the local jurisdiction may not release the financial assurance.

(7) At any time during the course of performance of a buffer management plan under this regulation, if a local jurisdiction determines that natural regeneration is not likely in the time anticipated in the buffer management plan and that the party responsible is no longer available to complete performance of the buffer management plan, the local jurisdiction may apply the financial assurance to the implementation of the supplemental planting plan.

Cross References

27.01.09.01-2K

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.01-5 Fee In Lieu of Buffer Mitigation.

A. A local jurisdiction shall collect a fee in lieu of buffer mitigation if the planting requirements under Regulation .01-2 of this chapter cannot be met.

B. A local jurisdiction shall:

(1) Calculate the square footage of mitigation due in accordance with Regulation .01-2 of this chapter;

(2) Except as provided under §C of this regulation, collect at least $1.50 per square foot of mitigation required;

(3) Establish a special fund, which may not revert to the jurisdiction's general fund, for the collection of the fee in lieu of buffer mitigation; and

(4) Use money from that fund only:

(a) To establish the buffer on sites where planting is not a condition of development or redevelopment; or

(b) For water quality and habitat enhancement projects, as described in a local Critical Area program approved by the Commission or in an agreement between the local jurisdiction and the Commission.

C. A local jurisdiction may utilize a lesser fee in lieu of buffer mitigation that is based on an alternative to the amount required under §B of this regulation if:

(1) The jurisdiction demonstrates that its proposed alternative will ensure the receipt of funds sufficient to administer a financially sound fee in lieu of buffer mitigation program, based on the following costs in that jurisdiction:

(a) Planting materials;

(b) Labor;

(d) Planting maintenance; and

(e) Monitoring and administration of the special account; and

(2) The Commission approves the lesser alternative proposed.

D. Each year by April 1, on a form provided by the Commission, a local jurisdiction shall report to the Commission regarding the administration of its fee program and its special fund over the course of the previous calendar year, including:

(1) The number of projects for which a fee was collected and the amount of the fee per project;

(2) The total square footage of buffer impact that generated the fee;

(3) A short description of each planting project, including the amount spent on each project;

(4) The square footage area of buffer replanted;

(5) The account balance as of December 31; and

(6) If funds are purposely being held in the separate account in order to achieve a long-term purpose that is consistent with the local program polices and goals, the nature of that purpose and the projected time and funding that will be necessary to accomplish that purpose.

Cross References

27.01.09.01-2F

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.01-6 Agricultural Activities.

A. The provisions of this regulation may not be construed to require a buffer or a vegetated filter strip for an agricultural drainage ditch, if the adjacent agricultural land has in place a soil conservation and water quality plan as required in COMAR 27.01.06.03.

B. Agriculture is authorized in the buffer, if, as a minimum agricultural best management practice, a vegetated filter strip of at least 25 feet, measured landward from the mean high water line of tidal [waters or tributary streams or from the edge of tidal wetlands] waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream, whichever is farther inland, is established, and if:

(1) The filter strip is composed of trees, shrubs, grass, or mixed vegetation and is managed as to provide water quality benefits and habitat protection consistent with the policies stated in Regulation .01 of this chapter. Noxious weeds, including Johnson grass, Canada thistle, and other invasive plants, such as multiflora rose, which occur in the filter strip, may be controlled by authorized means;

(2) The filter strip is expanded by a distance of 4 feet for every 1 percent of slope, for slopes greater than 6 percent;

(3) The filter strip is maintained until the landowner is implementing, under a soil conservation and water quality plan, a program of agricultural best management practices for the specific purposes of improving water quality and protecting wildlife and plant habitats, and if the portion of the soil conservation and water quality plan being implemented achieves the water quality and habitat protection objectives of the filter strip;

(4) The feeding or watering of livestock does not occur within 50 feet measured landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream, whichever is farther inland;

(5) Clearing of existing natural vegetation in the buffer is prohibited; and

(6) Agricultural activities, including the grazing of livestock, do not disturb stream banks, tidal shorelines, or other habitat protection areas covered, as applicable, in this chapter.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.01-7 Tree Clearing and Timber Harvesting.

A. In accordance with all of the following requirements, the buffer shall be managed to achieve or enhance the functions stated in Regulation .01 of this chapter:

(1) Except as authorized under §A(2) of this regulation, a person may not cut or clear trees within the buffer; and

(2) The commercial harvesting of trees may be authorized if:

(a) The commercial harvesting is by:

(i) Selection cutting; or

(ii) The clearcutting of loblolly pine or tulip poplar;

(b) The cutting or clearing is at least 50 feet:

(i) Landward from the mean high water line of tidal waters;

(ii) From the landward boundary of a tidal wetland; and

(iii) From the edge of each bank of a tributary stream;

(d) The cutting is conducted in conformance with the requirements of COMAR 27.01.05 and in conformance with a buffer management plan prepared by a registered, professional forester and approved by the Department of Natural Resources.

B. The buffer management plan shall be required for all commercial harvests within the buffer, regardless of the size of the area to be cut, and shall contain the following minimum requirements:

(1) Disturbance to stream banks and shorelines shall be avoided;

(2) The area disturbed or cut shall be replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife, and reestablishes the wildlife corridor function of the buffer; and

(3) The cutting does not involve the creation of logging roads and skid trails within the buffer.

C. Commercial harvesting of trees, by any method, may be authorized up to the edge of each bank of an intermittent stream if the cutting is conducted in conformance with the requirements of §A(2)(c) of this regulation.

Cross References

27.01.09.01D(2)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.01-8 Modified Buffer Area.

A. As part of the local Critical Area program to be submitted to the Commission, a local jurisdiction may request a modification to the minimum requirements applicable in the buffer where it can be sufficiently demonstrated that the existing pattern of residential, industrial, commercial, institutional, or recreational development in the Critical Area prevents the buffer from fulfilling the functions stated in Regulation .01 of this chapter.

B. A local jurisdiction shall require mitigation for a development activity within an area mapped as a modified buffer area.

C. A local jurisdiction may propose other measures for achieving the water quality and habitat protection objectives of the policies, including public education and urban forestry programs.

Cross References

27.01.09.01D(2)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.02 Nontidal Wetlands.

The provisions of COMAR 26.23.01 apply to nontidal wetlands in the Critical Area. A person conducting a regulated activity within nontidal wetlands in the Critical Area shall obtain a permit or other authorization from the Department of the Environment. Nothing in this regulation may be interpreted as altering any requirements for development activities set out in this subtitle.

Cross References

27.01.06.03C(2)(c)(iii)

27.01.09.01-7A(2)(c)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.03 Threatened and Endangered Species and Species in Need of Conservation.

A. Repealed.

B. Policy. In developing and updating its Critical Area program, a local jurisdiction shall provide protection for threatened and endangered species, species in need of conservation, and their habitats in the Critical Area.

C. Criteria. In developing and updating its Critical Area program, a local jurisdiction shall use all of the following criteria:

(1) Protection of the habitats of threatened and endangered species and species in need of conservation in cooperation with the expertise of the Department of Natural Resources and other appropriate public agencies and private organizations; and

(2) These programs shall consist of at least one of the following elements:

(a) Designation of a protection area around each of the habitats occurring in the jurisdiction within which development and other disturbances shall be prohibited, unless it can be shown that the development or disturbance will not have or cause adverse impacts on these habitats; or

(b) Protection of the habitats of threatened and endangered species and species in need of conservation by means of acquisition, conservation easements, cooperative agreements with landowners, special provisions in forest management and soil conservation plans, or other methods approved by the Commission.

Cross References

27.01.01.01B(29)(b)(iii)

27.01.01.01B(29)(b)(iv)

27.01.01.01B(29)(b)(v)

27.02.07.02E

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.04 Plant Habitat and Wildlife Habitat.

A. Repealed.

B. Policies. In developing and updating its Critical Area program, a local jurisdiction shall:

(1) Conserve plant and wildlife habitats in the Critical Area;

(2) Protect plant and wildlife habitats that tend to be least abundant or which may become less abundant in the future if current land use trends continue;

(3) Protect plant and wildlife habitats which are required to support the continued presence of species protected under the provisions of Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, and this title;

(4) Protect plant and wildlife habitats which are determined to be locally significant habitats; and

(5) Protect natural heritage areas.

C. Criteria. In developing and updating its Critical Area program, a local jurisdiction shall:

(1) Include a plant and wildlife habitat protection program as an element of its Critical Area program. Each program shall be developed using the expertise of the Department of Natural Resources, the U.S. Fish and Wildlife Service, other appropriate agencies, and adjacent jurisdictions.

(2) Ensure that each plant and wildlife habitat protection program consists of:

(a) Identification of the following plant and wildlife habitats in the Critical Area:

(i) Nesting sites of colonial nesting water birds;

(ii) Waterfowl staging and concentration areas in tidal waters, tributary streams, or tidal and nontidal wetlands;

(iii) Existing riparian forests, such as relatively mature forests of at least 300 feet in width which occur adjacent to streams, wetlands, or the shoreline of the Chesapeake Bay, the Atlantic Coastal Bays, or their tributaries;

(iv) Forests utilized as breeding areas by forest interior dwelling birds and other wildlife species, such as relatively mature forests within the Critical Area of 100 acres or more, or forest connected with these breeding areas;

(v) Other areas which may in the future be identified by State and federal agencies as important plant or wildlife habitat;

(vi) Other plant and wildlife habitats determined to be of local significance; and

(vii) Designated natural heritage areas.

(b) Programs to conserve or protect the plant and wildlife habitats identified in §C(2)(a) of this regulation. Program objectives should include:

(i) The establishment of buffers for nesting sites of colonial nesting water birds so that these sites are protected from the adverse impacts of development and from disturbance during the breeding season.

(ii) The location of new water-dependent facilities so as to prevent disturbance to sites of significance to wildlife, such as aquatic staging and concentration areas for waterfowl.

(iii) Protection measures, including a buffer where appropriate, for other plant and wildlife habitats identified in §C(2)(a)(v) of this regulation.

(iv) Protection and conservation of forests required to support wildlife species identified in §C(2)(a)(iii) and (iv) of this regulation by developing management programs which have as their objective the conservation of wildlife that inhabit or use the areas. The programs should assure that development or the clearing or cutting of trees is conducted so as to conserve riparian habitat and forest interior dwelling birds and their habitat. Management measures may include incorporating appropriate wildlife protection elements into forest management plans, cluster zoning, or other site design criteria which provide for the conservation of plant and wildlife habitat. Measures may also include soil conservation plans that have plant and wildlife habitat protection provisions appropriate to the areas identified in §C(2)(a)(iii) and (iv) of this regulation and incentive programs which use the acquisition of easements and other similar techniques.

(v) When development or cutting or clearing of trees occurs in a forest, a requirement that, to the extent practicable, corridors of existing forest or woodland vegetation be maintained to provide effective connections among wildlife habitats.

(vi) The protection of plant and wildlife habitats considered to be locally significant habitats.

(vii) The protection of a natural heritage area from alteration resulting from development or cutting or clearing so that the structure and species composition of the area are maintained.

(c) The determination of the existence and extent of plant and wildlife habitats and the development of appropriate protection measures for these habitats shall result from a cooperative effort among a local jurisdiction, public agencies, and private organizations.

Cross References

27.01.01.01B(29)(b)(vi)

27.01.01.01B(29)(b)(vii)

27.01.01.01B(51-1)

27.01.01.01B(79)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.09.05 Anadromous Fish Propagation Waters.

A. Definitions. In this regulation, the following terms have the meanings indicated:

(1) “Anadromous fish propagation waters” means a tributary stream of the Chesapeake Bay or the Atlantic Coastal Bays that has been designated by the Department of Natural Resources as waters in which the spawning of an anadromous species occurs or has occurred.

(2) “Stream” means anadromous fish propagation waters in the Critical Area that have been designated by the Department of Natural Resources.

B. Policies. In developing and updating its Critical Area program, a local jurisdiction shall use all of the following policies with regard to anadromous fish:

(1) Protect the instream and streambank habitat of anadromous fish propagation waters;

(2) Promote land use policies and practices in the watershed of spawning streams within the Critical Area which will minimize the adverse impacts of development on the water quality of the streams; and

(3) Provide for the unobstructed movement of spawning and larval forms of anadromous fish in streams.

C. Criteria.

(1) In developing and updating its Critical Area program, a local jurisdiction shall use all of the following criteria:

(a) The installation or introduction of concrete riprap or other artificial surfaces onto the bottom of natural streams shall be prohibited unless it can be demonstrated that water quality and fisheries habitat can be improved;

(b) Channelization or other physical alterations which may change the course or circulation of a stream and thereby interfere with the movement of fish shall be prohibited;

(c) A local jurisdiction shall develop policies and programs for avoiding adverse impacts of any activities occurring on those portions of any watershed within the Critical Area which drain into anadromous fish spawning streams. These policies and programs shall address at least the following objectives:

(i) Minimize development activities or other land disturbances in the watershed;

(ii) Improve or, if improvement is not possible, maintain water quality and habitat in streams;

(iii) Minimize, to the extent possible, the discharge of sediments into streams; and

(iv) Increase or, if an increase is not possible, maintain the natural vegetation of the watershed; and

(d) Each local jurisdiction is encouraged to adopt land use policies and programs in watersheds outside the Critical Area to minimize the impacts of any activities on anadromous fish spawning streams.

(2) In developing and updating its Critical Area program, a local jurisdiction shall use all of the following complementary State statutes and regulations:

(a) Environment Article, Title 5, Subtitle 5, Annotated Code of Maryland;

(b) In accordance with COMAR 26.17.04.05, the construction or placement of dams or other structures that would interfere with or prevent the movement of spawning fish or larval forms in streams shall be prohibited. If practical, the removal of existing barriers shall be effected;

(c) A local jurisdiction shall assure that the construction, repair, or maintenance activities associated with bridges or other stream crossings or with utilities and roads, which involve disturbance within the buffer or which occur instream, as described in COMAR 26.17.04.11B(5), shall be prohibited between March 15 and June 15, inclusive; and

(d) Any other applicable State statute or regulation.

Cross References

27.01.01.01B(29)(b)(viii)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.09 recodified to COMAR 27.01.09 in August, 1992
Administrative History: Regulation .01 amended effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .01C amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulations .01-1—.01-7 adopted effective March 8, 2010 (37:5 Md. R. 428)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1651); emergency status expired April 1, 1994
Administrative History: Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 24, 1994 (21:21 Md. R. 1816)
Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Chapter revised effective March 5, 2012 (39:4 Md. R. 339)
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01B amended effective March 8, 2021 (48:5 Md. R. 218); February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01D amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .01D, E amended effective January 6, 2014 (40:26 Md. R. 2165); March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-1A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-2D, H amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01-2H amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3B amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .01-3 B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-6 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01-6B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-7 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01-8 amended effective October 29, 2012 (39:21 Md. R. 1380)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .03C amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .05 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

27.01.10 Directives for Local Program Development

COMAR 27.01.10.01 Program Elements Required.

In developing, updating, and implementing its Critical Area program, a local jurisdiction shall use all of the following general program criteria:

A. The minimum standards of the program elements set forth under Natural Resources Article, §8-1808(c), Annotated Code of Maryland, shall be applicable;

B. In accordance with all of the following requirements, each jurisdiction shall inventory or map, or both, or identify the most recently completed inventory or map, or both, of a federal or State agency in order to monitor the natural resources and resource-based uses located within its Critical Area:

(1) The inventory shall include:

(a) Agricultural lands;

(b) Nontidal wetlands;

(d) Forest resources;

(e) Sand and gravel resources;

(f) Tributary streams;

(g) Known habitats of threatened and endangered species, and species in need of conservation;

(h) The watersheds of anadromous fish propagation waters;

(i) Wildlife and plant habitats;

(j) Steep slopes; and

(k) Soils with development constraints; and

(2) Mapping of resources and resource-based uses listed under §B(1) of this regulation shall be at a scale that is relevant to the local jurisdiction and of sufficient detail to assess the potential impacts of proposed land use changes on the quality and quantity of local water resources and on local wildlife and plant habitats;

C. The mapping of intensely developed, limited development, and resource conservation areas shall be in accordance with Natural Resources Article, §8-1807, Annotated Code of Maryland, and COMAR 27.01.02;

D. Each local permitting and approval process shall be coordinated so that cumulative impacts of regulated activities can be readily assessed;

E. Each local jurisdiction shall maintain records of the area of land that converts from resource conservation area to intensely developed or limited development areas and that converts from limited development areas to intensely developed areas;

F. The local program document shall, if applicable, include:

(1) A forest and woodland protection program;

(2) A mineral resources plan;

(3) An agricultural protection plan;

(4) A habitat protection area plan; and

(5) In accordance with COMAR 27.01.03, a planning process to identify suitable areas for water-dependent facilities and activities;

G. Each local jurisdiction shall review and revise local ordinances, plans, programs, and regulations that are inconsistent with the intent of the policies and criteria in this subtitle. At a minimum, and if applicable, the review and revisions shall include:

(1) Comprehensive plans;

(2) Comprehensive water and sewer plans;

(3) Comprehensive solid waste plans and any other health or environmental ordinances, plans, programs, and regulations, such as septic system placement;

(4) Capital improvements programs and capital budgets;

(5) Zoning ordinances and comprehensive zoning maps;

(6) Subdivision regulations; and

(7) Growth management ordinances;

H. The local program document shall include a statement of the local agencies involved, their responsibilities and their coordination with each other and appropriate State, federal, or private organizations;

I. Each local jurisdiction shall demonstrate that its local ordinances, plans, programs, and regulations proposed to meet the criteria in this regulation are enforceable; and

J. Each local jurisdiction shall require that all project approvals are based on findings that each project is consistent with the following goals of the Critical Area Law and Program, as stated in Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, COMAR Title 27, and any local program provision approved by the Commission:

(1) Minimize adverse impacts on water quality that result from pollutants or stormwater discharged from structures, conveyances, or surrounding lands;

(2) Conserve fish, wildlife, and plant habitats; and

(3) Establish land use policies for development in the Chesapeake and Atlantic Coastal Bays Critical Area which accommodate growth and also address the fact that, even if pollution is controlled, the number, movement, and activities of persons in that area can create adverse environmental impacts.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.10 recodified to COMAR 27.01.10 in August, 1992
Administrative History: Regulation .01 amended effective July 9, 2012 (39:13 Md. R. 786); November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 adopted effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c)(d), and 8-1811, Annotated Code of Maryland

COMAR 27.01.10.02 Policies.

A. Each local jurisdiction is encouraged to establish:

(1) Cooperative arrangements with adjacent jurisdictions and with State and federal agencies concerning the policies and objectives for lands within and adjoining the jurisdiction’s Critical Area;

(2) A program that provides tax benefits or other financial incentives available under State or local law to landowners who donate conservation easements, that identifies appropriate land protection measures including acceptance of donations, acquisition of easements, or fee simple purchase, and allows for funding mechanisms that include federal and State programs, local bonding authority, or donations from private organizations; and

(3) An education program as a means by which landowners in the Critical Area may be informed of the intent of the law, the status of the local program, and sources of additional information and assistance.

B. Each local jurisdiction is encouraged to apply protection measures similar to those contained in their Critical Area program to land disturbances beyond the Critical Area boundary in an effort to protect or enhance water quality and to conserve wildlife and plant habitats of the Critical Area.

C. Counties and municipalities within their political boundaries are encouraged to develop their Critical Area protection programs cooperatively so that programs can be developed more efficiently and so that common land use objectives can be realized.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.10 recodified to COMAR 27.01.10 in August, 1992
Administrative History: Regulation .01 amended effective July 9, 2012 (39:13 Md. R. 786); November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 adopted effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c)(d), and 8-1811, Annotated Code of Maryland

27.01.11 Directives for Updating Critical Area Maps

COMAR 27.01.11.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Department” means the Department of Natural Resources.

(2) “Final approved map” means the locally approved map that has been approved by the Commission.

(3) “Initial map update” means the first time after 2008 that a local jurisdiction, working cooperatively with the Department, the Department of the Environment, and the Commission in accordance with the provisions of this chapter, develops a map of the local jurisdiction’s Critical Area that is based on the aerial photography obtained in 2007—2008 during the development of the Statewide Base Map.

(4) “Locally approved map” means the summary draft map that has been approved by the local jurisdiction.

(5) “Summary draft map” means the map that is transferred from the Commission to the local jurisdiction for formal review and approval.

(6) Unclassified Wetland.

(a) “Unclassified wetland” means an area of wetlands that at the time of original mapping was not classified as an intensely developed area, a limited development area, or a resource conservation area.

(b) “Unclassified wetland” includes a transitional area of mud flats, marsh hummocks, and eroding wetlands that was not originally classified at the time of original mapping and may have moved or been reconfigured due to natural tidal conditions.

(7) “Working draft map” means a map of a local jurisdiction’s Critical Area that is based on the aerial photography obtained in 2007—2008 during the development of the Statewide Base Map, as modified during the course of review by the Department, the Commission, or the local jurisdiction.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.11 recodified to COMAR 27.01.11 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 under Chapter, Variances repealed effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulations .01—.07 under Chapter, Directives for Updating Critical Area Maps adopted effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: Regulation .04A, G, H amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04D amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .05A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation.06 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Ch. 119, Acts of 2008, §§1—4

COMAR 27.01.11.02 Construction of this Chapter.

The mapped shoreline and landward boundary of tidal wetlands shown on a working draft map, a summary draft map, a locally approved map, or a final approved map of the Critical Area may not be construed to represent an official wetland delineation or change a statutory provision under Environment Article, Title 16, Annotated Code of Maryland, a regulatory provision under COMAR Title 26, Subtitle 24, or any other provision related to a project-specific wetland delineation that may be necessary and appropriate.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.11 recodified to COMAR 27.01.11 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 under Chapter, Variances repealed effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulations .01—.07 under Chapter, Directives for Updating Critical Area Maps adopted effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: Regulation .04A, G, H amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04D amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .05A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation.06 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Ch. 119, Acts of 2008, §§1—4

COMAR 27.01.11.03 Source Data Authorized for the Update of a Critical Area Map.

A. In order to update maps of the Critical Area, the Department and the Commission shall use the best available source information, including:

(1) 2007 or 2008 true color imagery or any other imagery determined appropriate by the Department and the Commission;

(2) Rectified 1972 State Tidal Wetlands maps;

(3) 2007 or 2008 color infrared imagery or any other imagery determined appropriate by the Department and the Commission;

(4) Local topographic data;

(5) Light Detection and Ranging data;

(6) Mapping resources of a local jurisdiction;

(7) Soils data; or

(8) Topographic maps of the United States Geological Survey Standard Series.

B. In addition to the source information specified under §A of this regulation, the Department and the Commission may, at their discretion, use additional sources that they regard as relevant, including an on-site evaluation, a map, a photograph, or permit information.

Cross References

27.01.11.04A

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.11 recodified to COMAR 27.01.11 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 under Chapter, Variances repealed effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulations .01—.07 under Chapter, Directives for Updating Critical Area Maps adopted effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: Regulation .04A, G, H amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04D amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .05A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation.06 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Ch. 119, Acts of 2008, §§1—4

COMAR 27.01.11.04 Mapping Methodology for the Assessment of Physical Features.

A. Using the source information under Regulation .03 of this chapter, the Department and the Commission shall digitize the shoreline and the landward boundary of a tidal wetland.

B. The Department and the Commission shall determine the location of the shoreline by remote sensing and an evaluation of:

(1) The location of vertical shoreline structures;

(2) The location of water at the time of image capture;

(3) An estimate of the high tide limit, based on photo interpretation and collateral data; and

(4) On sandy beaches, the location of a debris line or the wettest land.

C. Except for a structural shoreline stabilization measure that is located offshore, the Department and the Commission shall map the shoreline:

(1) At the landward edge of a bulkhead;

(2) At the midpoint between the waterline and the upland edge of a revetment;

(3) Around the landward edge of a man-made groin or jetty that is at least 30 feet in width; and

(4) Along the shoreline when a man-made groin or jetty is less than 30 feet in width.

D. Except for a living shoreline or a mudflat, the Department and the Commission shall map the following land features as upland:

(1) An upland island surrounded by open water;

(2) An upland area surrounded by a tidal wetland if the upland area:

(a) Was mapped as upland on the 1972 tidal wetlands maps and is at least one acre in size; or

(b) Except for a duckblind or a water-dependent facility or activity under COMAR 27.01.03, is developed with a legally authorized improvement; and

(3) A dredged material containment facility surrounded by open water that is part of a State-sponsored restoration project with conservation and habitat protection as essential elements of its operation.

E. A local jurisdiction may not construe the mapping of an area as a wetland or an upland to affect the allowable density or the number of development rights of that newly mapped area as part of a map update, except in accordance with written requirements and procedures in a local jurisdiction’s Critical Area program.

F. A local jurisdiction may include within the Critical Area land located more than 1,000 feet from tidal waters or tidal wetlands if the newly included area is:

(1) Completely surrounded by Critical Area land and is:

(a) Up to one acre in size and adjoins an intensely developed area or a limited development area, by which the designation of the newly included area becomes an intensely developed area or a limited development area;

(b) Up to two acres in size and adjoins a resource conservation area, by which the designation of the newly included area becomes a resource conservation area; or

(i) A local jurisdiction proposes alternative mapping standards; and

(ii) The alternative standards are approved by the Commission; or

(2) An environmentally sensitive area contiguous to the Critical Area that is approved by the Commission.

G. The Department and the Commission, in collaboration with a local jurisdiction, shall maintain the Critical Area layer of the Statewide Base Map.

H. Each map of the Critical Area layer of the Statewide Base Map shall include:

(1) A State-determined shoreline;

(2) A State-determined landward boundary of tidal wetlands;

(3) A digitally generated, georeferenced 1,000-foot Critical Area boundary; and

(4) Land newly included within the Critical Area under §F of this regulation.

Cross References

27.01.11.05A(1)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.11 recodified to COMAR 27.01.11 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 under Chapter, Variances repealed effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulations .01—.07 under Chapter, Directives for Updating Critical Area Maps adopted effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: Regulation .04A, G, H amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04D amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .05A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation.06 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Ch. 119, Acts of 2008, §§1—4

COMAR 27.01.11.05 Mapping Methodology for Critical Area Classifications.

A. The Department, the Commission, and the local jurisdiction shall:

(1) In accordance with the standards under Regulation .04 of this chapter and in cooperation with the Department of the Environment, review the digitized shoreline and the landward boundaries of tidal wetlands that are indicated on the working draft map;

(2) Where applicable, use the existing Critical Area classification for an area shown on the working draft map that was previously included within the Critical Area;

(3) In accordance with the standards under §B of this regulation, assign a Critical Area classification to an area that is newly included in the Critical Area on the working draft map; and

(4) Work cooperatively to apply the provisions of this chapter to the working draft map and resolve any conflict that may arise.

B. In order to determine the Critical Area classification for an area newly included in the Critical Area on the working draft map, the Commission and a local jurisdiction shall use the mapping standards in COMAR 27.01.02.03.05.

C. Except as required under §D of this regulation, a local jurisdiction shall classify an area newly included in the Critical Area in accordance with at least one of the following factors:

(1) Current land use based on present conditions;

(2) Adjacent land use based on present conditions;

(3) Future land use based on an approved, platted subdivision even if the lots newly included in the Critical Area are nonconforming under local Critical Area requirements in effect at the time of delivery of the summary draft map to the local jurisdiction; or

(4) Proposed land use based on future conditions if the local jurisdiction:

(a) Accepted for processing an application for a subdivision, final site plan, or other final approval at least 90 days before the date of delivery of the summary draft map to the local jurisdiction; and

(b) Issues a written final approval for the application within 2 years of the date of delivery of the summary draft map to the local jurisdiction.

D. A local jurisdiction shall classify a dredged material containment facility as a resource conservation area if the facility is:

(1) Surrounded by open water; and

(2) A State-sponsored island restoration project with conservation and habitat protection as essential elements of its operation.

E. A local jurisdiction may not use a dredged material containment facility that meets the requirements of §D of this regulation to generate growth allocation.

F. At the time of a development application, a local jurisdiction shall classify an unclassified wetland as a resource conservation area if it is determined to be an upland area or a private wetland.

G. A local jurisdiction shall provide to the Commission a list of all parcels and lots that meet the requirements under §C(3) and (4) of this regulation, including the tax map and parcel number of each lot and parcel, as documentation that growth allocation will not be necessary.

H. As part of the mapping process, a local jurisdiction shall provide to the Commission documentation for those instances where the Critical Area boundary was moved and the resulting Critical Area classification is different from the adjacent Critical Area classification.

I. A local jurisdiction may propose alternative criteria for development to address an instance in which an area newly included in the Critical Area, as a result of changes in the Critical Area boundary during a map update, would be rendered nonconforming or unbuildable without a variance.

J. Federal lands not given a Critical Area classification are managed in accordance with the Coastal Zone Management Act, 16 U.S.C. §§1451—1464.

Cross References

27.01.11.06F(3)

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.11 recodified to COMAR 27.01.11 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 under Chapter, Variances repealed effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulations .01—.07 under Chapter, Directives for Updating Critical Area Maps adopted effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: Regulation .04A, G, H amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04D amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .05A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation.06 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Ch. 119, Acts of 2008, §§1—4

COMAR 27.01.11.06 Process for Approval of an Updated Critical Area Map.

A. Upon completion of a local jurisdiction’s review of a working draft map, including its proposed Critical Area classifications for all areas newly included in the Critical Area, the Department and the Commission shall incorporate all necessary revisions and prepare a summary draft map for the local jurisdiction.

B. The Department and the Commission shall deliver to the local jurisdiction a summary draft map of that jurisdiction’s Critical Area that:

(1) Identifies the shoreline and landward boundaries of tidal wetlands by use of the most recent aerial imagery or the best available aerial imagery of comparable scale; and

(2) Ensures that the 1,000-foot Critical Area boundary is accurate to a scale of 1inch equals 100 feet.

C. Except as authorized under §D of this regulation, within 24 months of the date of delivery of the summary draft map under §A of this regulation, a local jurisdiction shall complete the process of local approval.

D. The initial map update of a local jurisdiction’s Critical Area map may occur in coordination with the local jurisdiction’s 6-year comprehensive review process, as required under Natural Resources Article, §8-1809(g), Annotated Code of Maryland, if the local jurisdiction provides evidence satisfactory to the Commission that reasonable progress has been made toward approval of its summary draft map.

E. Upon receipt of a summary draft map under §B of this regulation, a local jurisdiction shall:

(1) Provide public notice of its review of the final draft for approval;

(2) Hold at least one public hearing;

(3) Provide a reasonable public comment period; and

(4) Review and approve the summary draft map in accordance with local procedures for map amendments.

F. Upon the completion of all public hearings and the comment period, the local jurisdiction shall amend its local Critical Area program by approving all elements of the summary draft map, including;

(1) The shoreline and landward boundaries of tidal wetlands;

(2) The digitally generated and georeferenced Critical Area 1,000-foot boundary line which may be adjusted in accordance with Regulation .04 F of this chapter; and

(3) In accordance with Regulation .05 of this chapter, Critical Area classifications of all areas newly included in the Critical Area.

G. Upon completion of the approval process under this regulation, the local jurisdiction shall forward its locally approved map to the Commission for final approval.

H. In accordance with Natural Resources Article, §§8-1807 and 8-1809, Annotated Code of Maryland, when the Commission approves the locally approved map:

(1) It becomes the final approved map; and

(2) The final approved map shall be the officially designated map of the Critical Area for that local jurisdiction.

I. The local jurisdiction shall adopt the final approved map by incorporating it into its Critical Area program in accordance with its process for adoption of local law.

Cross References

27.01.11.07A

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.11 recodified to COMAR 27.01.11 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 under Chapter, Variances repealed effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulations .01—.07 under Chapter, Directives for Updating Critical Area Maps adopted effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: Regulation .04A, G, H amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04D amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .05A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation.06 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Ch. 119, Acts of 2008, §§1—4

COMAR 27.01.11.07 Periodic Review of a Local Critical Area Map.

A. Beginning with the date on which the Department and the Commission delivered a summary draft map to a local jurisdiction under Regulation .06B of this chapter, at least once every 12 years thereafter:

(1) The Department, the Commission, and the local jurisdiction shall conduct a review of the local Critical Area map; and

(2) The local jurisdiction shall submit any proposed map updates to the Commission for approval.

B. The Commission shall determine the appropriate process for consideration and approval of the local jurisdiction’s proposed map updates.

C. An update of a local jurisdiction’s Critical Area map that is after the initial map update may occur in coordination with the local jurisdiction’s 6-year comprehensive review process, as required under Natural Resources Article, §8-1809(g), Annotated Code of Maryland, if the local jurisdiction provides evidence satisfactory to the Commission that reasonable progress has been made on its comprehensive review and on the review of its maps.

History

Administrative History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
Administrative History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
Administrative History: ——————
Administrative History: COMAR 14.15.11 recodified to COMAR 27.01.11 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 under Chapter, Variances repealed effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulations .01—.07 under Chapter, Directives for Updating Critical Area Maps adopted effective July 9, 2012 (39:13 Md. R. 786)
Administrative History: Regulation .04A, G, H amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04D amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .05A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation.06 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Ch. 119, Acts of 2008, §§1—4

27.01.12 Variances

COMAR 27.01.12.01 Definition.

In this chapter, “unwarranted hardship” means that, without a variance, an applicant shall be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.

History

Administrative History: Effective date: July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective March 4, 2013 (40:4 Md. R. 347)
Administrative History: Regulation .06A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07B, C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806 and 8-1808, Annotated Code of Maryland

COMAR 27.01.12.02 Local Program Requirements.

A. A local jurisdiction shall include standards and procedures in its local Critical Area program for the granting of a variance to the provisions of Title 8, Subtitle 18, Natural Resources Article, Annotated Code of Maryland, COMAR 27.01, and its local program requirements.

B. A local jurisdiction may establish additional, more restrictive standards for the granting of a variance consistent with the intent and purposes of this subtitle and the approved local Critical Area program.

History

Administrative History: Effective date: July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective March 4, 2013 (40:4 Md. R. 347)
Administrative History: Regulation .06A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07B, C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806 and 8-1808, Annotated Code of Maryland

COMAR 27.01.12.03 Standing.

In accordance with Natural Resources Article, §8-1808(d)(2), Annotated Code of Maryland, if a person meets the threshold standing requirements under federal law, the person shall have standing to participate as a party in a local administrative proceeding.

Cross References

27.01.12.07A

History

Administrative History: Effective date: July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective March 4, 2013 (40:4 Md. R. 347)
Administrative History: Regulation .06A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07B, C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806 and 8-1808, Annotated Code of Maryland

COMAR 27.01.12.04 Variance Standards.

A local jurisdiction may not grant a variance unless the local jurisdiction makes written findings based on competent and substantial evidence that:

A. In accordance with Natural Resources Article, §8-1808(d)(3)(ii), Annotated Code of Maryland, an applicant has overcome the presumption that the specific development activity for which the variance is required does not conform with the general intent of the local jurisdiction’s program; and

B. The applicant has satisfied each of the following variance provisions:

(1) Due to special features of the site or special conditions or circumstances peculiar to the applicant’s land or structure, a literal enforcement of the local Critical Area program would result in an unwarranted hardship to the applicant;

(2) A literal interpretation of the local Critical Area program would deprive the applicant of a use of land or a structure permitted to others in accordance with the provisions of the local Critical Area program;

(3) The granting of the variance would not confer upon the applicant any special privilege that would be denied by the local Critical Area program to other lands or structures in accordance with the provisions of the local Critical Area program;

(4) The variance request is not based upon conditions or circumstances that are the result of actions by the applicant;

(5) The variance request does not arise from any conforming or nonconforming condition on any neighboring property;

(6) The granting of the variance would not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the jurisdiction’s local Critical Area; and

(7) The granting of the variance would be in harmony with the general spirit and intent of the Critical Area law, the regulations in this subtitle, and the local Critical Area program.

Cross References

27.01.12.05A

27.01.12.05B

History

Administrative History: Effective date: July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective March 4, 2013 (40:4 Md. R. 347)
Administrative History: Regulation .06A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07B, C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806 and 8-1808, Annotated Code of Maryland

COMAR 27.01.12.05 Variance Procedures.

A. With due regard for a person’s experience, technical competence, and specialized knowledge, a local jurisdiction may base its written findings required in Regulation .04 of this chapter on evidence introduced and testimony presented by:

(1) The applicant;

(2) The local jurisdiction or another government agency; or

(3) A person deemed appropriate by the local jurisdiction.

B. Within 10 working days after a local jurisdiction’s issuance of a written variance decision described in Regulation .04 of this chapter, the Commission shall receive a copy of the decision from the local jurisdiction.

History

Administrative History: Effective date: July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective March 4, 2013 (40:4 Md. R. 347)
Administrative History: Regulation .06A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07B, C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806 and 8-1808, Annotated Code of Maryland

COMAR 27.01.12.06 After-the-Fact Variance Procedures.

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) Issues a notice of violation; and

(2) Assesses an administrative or civil penalty for the violation.

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) 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) 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) Performed the abatement measures in the approved plan in accordance with the local Critical Area program.

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

(1) Order removal or relocation of any structure; and

(2) Order restoration of the affected resources.

History

Administrative History: Effective date: July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective March 4, 2013 (40:4 Md. R. 347)
Administrative History: Regulation .06A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07B, C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806 and 8-1808, Annotated Code of Maryland

COMAR 27.01.12.07 Variance Appeals.

A. A person with standing under Regulation .03 of this chapter may:

(1) Participate as a party in an administrative proceeding at a board of appeals even if the person was not a party to the original administrative proceeding; and

(2) Petition for judicial review and participate as a party even if the person was not a party to the action which is the subject of the petition.

B. An appeal may be filed by:

(1) A person aggrieved or adversely affected by a decision made under this chapter, including a government agency; and

(2) The Chair, even if the Chair was not a party to or is not specifically aggrieved by the action or decision.

C. A local jurisdiction may not issue a permit or any other type of authorization for the activity that was the subject of the variance application until the applicable 30-day appeal period has elapsed.

History

Administrative History: Effective date: July 9, 2012 (39:13 Md. R. 786)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective March 4, 2013 (40:4 Md. R. 347)
Administrative History: Regulation .06A amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07B, C amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806 and 8-1808, Annotated Code of Maryland

27.01.13 Nonwater-Dependent Projects

COMAR 27.01.13.01 Definition.

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.

B. “Nonwater-dependent project” includes:

(1) A dwelling unit on a pier;

(2) A restaurant, a shop, an office, or any other commercial building or use on a pier;

(3) A temporary or permanent roof or covering on a pier;

(4) A pier used to support a nonwater-dependent use; and

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

(a) A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment;

(b) A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and

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

(1) A fuel pump or other fuel-dispensing equipment on a pier;

(2) A sanitary sewage pump or other wastewater removal equipment on a pier;

(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) A water-dependent facility or activity covered under COMAR 27.01.03.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .01C amended effective February 7, 2022 (49:3 Md. R. 139)
Authority: Natural Resources Article, §§8-1808.4, Annotated Code of Maryland;Ch.492, Acts of 2013, §§1—4

COMAR 27.01.13.02 Applicability.

The provisions of this chapter do not apply to a nonwater-dependent project located on State or private wetlands within the Critical Area in Prince George’s County.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .01C amended effective February 7, 2022 (49:3 Md. R. 139)
Authority: Natural Resources Article, §§8-1808.4, Annotated Code of Maryland;Ch.492, Acts of 2013, §§1—4

COMAR 27.01.13.03 General Prohibitions.

Except as provided under Natural Resources Article, §8-1808.4, Annotated Code of Maryland, and Regulations .04—.06 of this chapter and notwithstanding any other provision of law, on or after July 1, 2013:

A. A person may not construct or establish a nonwater-dependent project on State or private wetlands within the Critical Area; and

B. A local jurisdiction may not issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project constructed or established on State or private wetlands within the Critical Area.

Cross References

27.01.13.07

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .01C amended effective February 7, 2022 (49:3 Md. R. 139)
Authority: Natural Resources Article, §§8-1808.4, Annotated Code of Maryland;Ch.492, Acts of 2013, §§1—4

COMAR 27.01.13.04 Authorization of a Nonwater-Dependent Project; Local Program Amendments; Local Options.

A. Subject to the prohibition under §E of this regulation, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project on State or private wetlands within the Critical Area if, on or after July 1, 2013, the Commission has approved a local program amendment covering the project, which may include a process for the retroactive consideration of the project.

B. Subject to the prohibition under §E of this regulation, the Commission may approve a local program amendment regarding a nonwater-dependent project if the project:

(1) Satisfies the requirements of:

(a) A commercial nonwater-dependent project under Regulation .05 of this chapter; or

(b) A small-scale renewable energy system under Regulation .06 of this chapter; or

(2) Was constructed or established on or after July 1, 2013 in the absence of, or in violation of, an approved local program amendment but satisfies the requirements under §B(1)(a) or (b) of this regulation, and the local jurisdiction’s program amendment establishes a process for the retroactive consideration of the project.

C. If a nonwater-dependent structure is constructed or established on or after July 1, 2013 in a local jurisdiction that has not received Commission approval of a local program amendment regarding retroactive consideration of a project, the local jurisdiction may:

(1) Submit to the Commission a local program amendment to establish a process for retroactive consideration of the project, and, pending the Commission’s decision regarding the program amendment, may stay any enforcement procedures; or

(2) Provide written notification to the Commission of its decision not to submit a local program amendment under §C(1) of this regulation, which shall activate the following enforcement procedures:

(a) A prohibition on the local jurisdiction’s issuance of a building permit, variance, or special exception or any other retroactive authorization for the project;

(b) Complete removal of the project by, or under the supervision of, the local jurisdiction; and

D. If a local program amendment provides for requirements that are more restrictive than the State requirements regarding nonwater-dependent projects under Natural Resources Article,§8-1808.4, Annotated Code of Maryland, or under this chapter, the local jurisdiction may establish an alternative procedure for consideration, on a case-by case basis, of a modification of its more restrictive requirements.

E. Notwithstanding any other provision of law, a local jurisdiction may not issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project that fails to satisfy the State requirements established under Natural Resources Article, §8-1808.4, Annotated Code of Maryland, and this chapter.

Cross References

27.01.13.03

27.01.13.05

27.01.13.06

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .01C amended effective February 7, 2022 (49:3 Md. R. 139)
Authority: Natural Resources Article, §§8-1808.4, Annotated Code of Maryland;Ch.492, Acts of 2013, §§1—4

COMAR 27.01.13.05 Criteria for a Commercial Nonwater-Dependent Project.

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:

A. Involves a commercial activity that:

(1) Is permitted as a secondary or accessory use to a permitted primary commercial use;

(2) Is not located on a pier that is attached to residentially, institutionally, or industrially used property;

(3) Is located in:

(a) An intensely developed area; or

(b) An area that has been excluded from a local Critical Area program, if the exclusion has been approved by the Commission;

(4) Is approved by the local planning and zoning authorities;

(5) Allows or enhances public access to State wetlands, if applicable;

(6) Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;

(7) Has a height of up to 18 feet, unless the project is located at a marina; and

(8) Is up to 1,000 square feet in total area; or

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

(1) Satisfies all of the requirements under §A(1)—(7) of this regulation; and

(2) If applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area.

Cross References

27.01.13.04B(1)(a)

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .01C amended effective February 7, 2022 (49:3 Md. R. 139)
Authority: Natural Resources Article, §§8-1808.4, Annotated Code of Maryland;Ch.492, Acts of 2013, §§1—4

COMAR 27.01.13.06 Criteria for a Small-Scale Renewable Energy System.

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 for a small-scale renewable energy system on a pier located on State or private wetlands within the Critical Area if the project:

A. Is permitted as a secondary or accessory use on a pier that is authorized under Environment Article, Title 16, Annotated Code of Maryland;

B. Is located in:

(1) The Critical Area; or

(2) An area that has been excluded from local Critical Area program, if the exclusion has been approved by the Commission;

C. Is approved by the local planning and zoning authorities; and

D. Involves the installation or placement of:

(1) A solar energy system attached to:

(a) A pier, if the device or equipment associated with that system does not extend more than 4 feet above or 18 inches below the deck of the pier or more than 1 foot beyond the length or width of the pier;

(b) A piling, if there is only one solar panel per boat slip; or

(c) A boathouse roof, if the device or equipment associated with that system does not extend beyond the length, width, or height of the boathouse roof;

(2) A closed-loop geothermal heat exchanger under a pier, if the geothermal heat exchanger or any associated devices or equipment do not:

(a) Extend beyond the length, width, or channelward encroachment of the pier;

(b) Deleteriously alter longshore drift; or

(3) A wind energy system attached to a pier, if there is only one wind energy system per pier for which:

(a) The height from the deck of the pier to the blade extended at its highest point is up to 12 feet;

(b) The rotor diameter of the wind turbine is up to 4 feet; and

(c) The setbacks of the wind energy system from the nearest property line and from the channelward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point.

Cross References

27.01.13.03

27.01.13.04B(1)(b)

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .01C amended effective February 7, 2022 (49:3 Md. R. 139)
Authority: Natural Resources Article, §§8-1808.4, Annotated Code of Maryland;Ch.492, Acts of 2013, §§1—4

COMAR 27.01.13.07 Penalties and Injunctive Relief.

A person that violates Regulation .03A of this chapter shall be subject to all penalties and injunctive relief applicable under:

A. Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland;

B. COMAR Title 27; and

C. The enforcement procedures adopted under the local program of the jurisdiction in which the violation occurred.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .01C amended effective February 7, 2022 (49:3 Md. R. 139)
Authority: Natural Resources Article, §§8-1808.4, Annotated Code of Maryland;Ch.492, Acts of 2013, §§1—4

27.01.14 Renewable Energy Generating Systems

COMAR 27.01.14.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Energy generating system” has the meaning stated in the Land Use Article, §4-211, Annotated Code of Maryland.

(2) Major Solar Energy Generating System.

(a) “Major solar energy generating system” means an energy generating system that derives energy from the sun to produce more than two megawatts of electricity.

(b) “Major solar energy generating system” includes multiple minor solar energy generating systems that are located on the same parcel that collectively produce more than two megawatts of electricity.

(3) Minor Solar Energy Generating System.

(a) “Minor solar energy generating system” means an energy generating system that derives energy from the sun to produce two megawatts or less of electricity.

(b) “Minor solar energy generating system” does not include a small residential accessory solar energy generating system.

(4) “Planting plan” means a narrative, graphic description, or plan of an area when planting is required for mitigation, on-site or off-site plantings, or under solar panels.

(5) Project Area.

(a) “Project area” means the total area within the limits of disturbance inside the Critical Area of a solar energy generating system.

(b) “Project area” includes:

(i) A parcel or portions of parcels within the limits of disturbance inside the Critical Area, whether or not those parcels are contiguous;

(ii) The components of a solar energy generating system listed in §B(9)(b)(i) of this regulation; and

(iii) Any required roads, internal access ways, transmission infrastructure, fencing, or improvements accessory to the solar energy generating system.

(6) “Reservation of resource conservation area density rights” means withholding a certain number of density rights that are attributable to a lot or parcel that prevents them from being used for development for a specified period of time.

(7) “Reservation of Resource Conservation Area Density Rights Agreement” means a legal instrument recorded among the land records and approved by the local jurisdiction, restricting land development within a defined area in the resource conservation area and for a specified period of time.

(8) Small Residential Accessory Solar Energy Generating System.

(a) “Small residential accessory solar energy generating system” means an energy generating system that derives energy from the sun to produce electricity to support the principal use on a residential property on the same lot or parcel as the principal use.

(b) “Small residential accessory solar energy generating system” includes an energy generating system that delivers electricity to a power grid and complies with the laws of the State of Maryland.

(9) Solar Energy Generating System.

(a) “Solar energy generating system” means an energy generating system that derives energy from the sun to produce electricity.

(b) “Solar energy generating system” includes:

(i) A land use that uses solar collectors, panels, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware, or equipment to produce electricity; and

(ii) Any term used by a local jurisdiction for a solar application that proposes to construct a solar energy generating system such as a solar energy system utility scale, solar energy system utility scale on farms, utility scale solar array, solar power plant, solar energy system large scale, solar energy system medium scale, solar array, power generating facilities, solar facilities, solar energy system grid connected, and solar energy generating facility commercial.

(c) “Solar energy generating system” does not include an energy storage device or facility where the device or facility operates independently of, is separate from, and the primary purpose of which does not include supporting the solar energy generating system within the Critical Area.

(10) “Wetland migration area” means an area that will likely be suitable for future wetland establishment in response to a change in sea level.

Cross References

27.02.05.15A(2)(a)

27.02.05.15A(2)(b)

27.02.05.15A(2)(d)

27.02.05.15A(2)(e)

27.02.05.15A(2)(f)

History

Administrative History: Effective date: March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02-1 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .03A, B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03G, H repealed effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06A amended effective March 6, 2023 (50:4 Md. R. 123)
Authority: Natural Resources Article, §§8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.14.02 Authority of the Public Service Commission; Applicability.

A. The provisions of this chapter may not be construed to limit the authority of the Public Service Commission under Public Utilities Article, §7-207, Annotated Code of Maryland.

B. The requirements of this chapter are applicable to major, minor, and small residential accessory solar energy generating systems.

History

Administrative History: Effective date: March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02-1 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .03A, B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03G, H repealed effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06A amended effective March 6, 2023 (50:4 Md. R. 123)
Authority: Natural Resources Article, §§8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.14.02-1 Application Requirements.

A. To ensure compliance with the requirements of this chapter for a major solar energy generating system in a resource conservation area, a local jurisdiction shall require a site plan that addresses the requirements of COMAR 27.02.07 and includes the following:

(1) Calculations of any required reservation of resource conservation area density development rights; and

(2) The identification and location of property restrictions including the boundary and area of a conservation easement, restrictive covenant, or other protective instrument.

B. A local jurisdiction may require a site plan for a minor solar energy generating system.

History

Administrative History: Effective date: March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02-1 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .03A, B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03G, H repealed effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06A amended effective March 6, 2023 (50:4 Md. R. 123)
Authority: Natural Resources Article, §§8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.14.03 General Provisions.

A. On or after April 1, 2021, a local jurisdiction may authorize:

(1) A major or minor solar energy generating system within the Critical Area in accordance with Regulation .04 of this chapter;

(2) A major solar energy generating system in the resource conservation area without growth allocation in accordance with Regulation .05 of this chapter; and

(3) A small residential accessory solar energy generating system in the buffer or in a modified buffer area if:

(a) There is not an alternative location outside the buffer;

(b) The lot is 1/4 acre or less in size and created before local program approval; and

B. On or after April 1, 2021, a local jurisdiction:

(1) Notwithstanding existing local standards and procedures, shall apply the provisions of this chapter; or

(2) Except for the growth allocation provision in §D of this regulation, the lot coverage provision in Regulation .04B of this chapter, and the forest conservation and planting plan provisions in Regulation .04D and F of this chapter, may adopt alternative procedures and requirements if:

(a) The alternative procedures and requirements are as least as effective as the Critical Area program under Natural Resource Article, Title 8, Subtitle 18, Annotated Code of Maryland, regulations adopted under the authority of that subtitle, and any additional requirements of the local program; and

(b) The Commission has approved those alternative procedures and requirements.

C. A local jurisdiction may authorize a major and minor solar energy generating system in a modified buffer area in accordance with a local Critical Area program if the project is located over existing legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland.

D. In addition to meeting the requirements of this chapter, a local jurisdiction may not authorize a growth allocation to accommodate a major or a minor solar energy generating system in the limited development area or the resource conservation area.

E. Except for a regulated activity that is authorized by the Maryland Department of the Environment in accordance with COMAR 26.23.02, a local jurisdiction may not authorize a major or minor solar energy generating system:

(1) In a habitat protection area designated under COMAR 27.01.09; or

(2) On a steep slope or a highly erodible soil.

F. Unless authorized under an approved Critical Area program in accordance with §B(2) of this regulation, a local jurisdiction may not authorize a variance, modification, waiver, or other local procedure or approval that alters the requirements of this chapter.

Cross References

27.01.14.04A

History

Administrative History: Effective date: March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02-1 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .03A, B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03G, H repealed effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06A amended effective March 6, 2023 (50:4 Md. R. 123)
Authority: Natural Resources Article, §§8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.14.04 Criteria for a Solar Energy Generating System.

A. Except for a small residential accessory solar energy generating system as provided in Regulation .03 of this chapter, the provisions of this regulation are applicable to a major and minor solar energy generating system in an intensely developed area, a limited development area, and a resource conservation area.

B. A local jurisdiction shall not count the area of a solar panel as lot coverage and:

(1) For a minor solar energy generating system, the solar panel is:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or

(b) Elevated above the ground and the area under the solar panel is maintained as an area of existing grass, established grass, or other natural vegetation, or as an agricultural use; and

(2) For a major solar energy generating system, the solar panel is:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or

(b) Elevated above the ground and the area under the solar panel is maintained in accordance with the planting plan requirements of Regulation .06 of this chapter as:

(i) Pollinator habitat;

(ii) Native vegetation other than pollinator habitat; or

(iii) An agricultural use.

C. A local jurisdiction shall require the following minimum standards for the buffer as defined in COMAR 27.01.01.01:

(1) Measure and delineate the buffer in accordance with COMAR 27.01.09.01E(3)—(7);

(2) Unless there is no feasible alternative, prohibit access through the buffer to the project area; and

(3) When there is no feasible alternative to access through the buffer, authorize one point of access through the buffer to the project area, or where a project includes noncontiguous parcels, minimize the number of access points through the buffer if:

(a) The disturbance inside the buffer is replanted at a 2.5:1 ratio; and

(b) A buffer management plan is required in accordance with COMAR 27.01.09.01-3.

D. Except when a project area is in an intensely developed area, a local jurisdiction shall minimize the clearing of forest and developed woodlands and not exceed the following standards:

(1) In a limited development area, limit clearing of forest and developed woodlands to 20 percent of the entirety of the forest and developed woodlands on the parcel or parcels on which the project area is located; and

(2) In a resource conservation area, limit clearing of forest to 10 acres or 20 percent of the entirety of the forest and developed woodlands on the parcel or parcels on which the project area is located, whichever is less.

E. A local jurisdiction shall require replacement of cleared forest and developed woodlands on an equal area basis.

F. For a major solar energy generating system, a local jurisdiction shall require on-site or off-site planting in accordance with the following:

(1) 15 percent of the total project area in a limited development area; and

(2) 20 percent of the total project area in a resource conservation area.

G. A local jurisdiction shall require a planting plan for mitigation in accordance with Regulation .06 of this chapter.

H. A local jurisdiction shall require stormwater management in accordance with Environment Article, §§4-201—4-215, Annotated Code of Maryland, and COMAR 26.17.02.

I. Except for a small residential accessory solar energy generating system, a local jurisdiction shall require a decommissioning plan if one is not otherwise required as a result of obtaining a Certificate of Public Convenience and Necessity from the Public Service Commission.

Cross References

27.01.14.03A(1)

27.01.14.03B(2)

27.01.14.05A

27.01.14.05B

27.01.14.05E(1)

27.01.14.06B

27.02.07.02G

History

Administrative History: Effective date: March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02-1 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .03A, B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03G, H repealed effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06A amended effective March 6, 2023 (50:4 Md. R. 123)
Authority: Natural Resources Article, §§8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.14.05 Criteria for a Major Solar Energy Generating System in the Resource Conservation Area.

A. In addition to the requirements of this regulation, a local jurisdiction shall also apply the standards under Regulation .04 of this chapter when authorizing a major solar energy generating system in the resource conservation area.

B. Except for access allowed in accordance with Regulation .04C of this chapter and in accordance with the provisions in COMAR 27.01.06, a local jurisdiction shall restrict forest clearing within 300 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream.

C. In addition to any applicable local land recordation requirements, a local jurisdiction shall record a Reservation of Resource Conservation Area Density Rights Agreement in accordance with §§D and E of this regulation.

D. The number of density rights reserved is equal to:

(1) The permitted density associated with the project area of each parcel as calculated under Natural Resources Article, §8-1808.1(e), Annotated Code of Maryland, and COMAR 27.01.02.05C(4); and

(2) The number of density rights that are attributable to the project area, with a minimum of one density right reserved.

E. The Reservation of Resource Conservation Area Density Rights Agreement shall remain in effect until:

(1) The decommissioning plan, as required in Regulation .04 of this chapter, has been implemented and completed; and

(2) A local government confirms the implementation of the decommissioning plan is complete and the termination of the Reservation of Resource Conservation Area Density Rights Agreement is reflected in the land records.

F. The remaining land unencumbered by the solar energy generating system or lands not otherwise restricted by the Reservation of Resource Conservation Area Density Rights Agreement may be developed in accordance with Natural Resources Article, §8-1808.1, Annotated Code of Maryland, and COMAR 27.01.02.05C(4).

G. A lot, a parcel, or a portion of a lot or parcel is not eligible for a major solar energy generating system if the density rights associated with that lot, parcel, or portion of a lot or parcel have been:

(1) Utilized for an intrafamily transfer;

(2) Transferred through a transfer of development rights program;

(3) Preserved or conserved through an easement; or

(4) Otherwise reserved in association with an area of land to be utilized for the solar energy generating system.

H. A local jurisdiction may propose alternatives to a Reservation of Resource Conservation Area Density Rights Agreement in the resource conservation area if the local jurisdiction submits those standards to the Commission and they are approved as part of a local Critical Area program. The standards may include:

(1) A transfer of development rights program; or

(2) A permanent restriction of development rights of other lands that proffer water quality and habitat benefits such as wetland migration areas

Cross References

20.79.03.03B(5)(a)

27.01.14.03A(2)

27.02.04.02H

27.02.04.02I

27.02.07.02F

History

Administrative History: Effective date: March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02-1 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .03A, B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03G, H repealed effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06A amended effective March 6, 2023 (50:4 Md. R. 123)
Authority: Natural Resources Article, §§8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.14.06 Planting Plan Requirements.

A. Based on the constraints and opportunities presented by a project area, a local jurisdiction shall select from the following options to address the requirements for a planting plan in Regulation .04E and F of this chapter:

(1) Plant on-site in one of the following planting areas:

(a) The area within 300 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream;

(b) Contiguous to or within a designated forest interior dwelling bird habitat; or

(2) If a local jurisdiction has in place an agreement with the Commission:

(a) Plant off-site in accordance with the options specified in §A(1) of this regulation;

(b) Create a wetland migration area, nonstructural shoreline stabilization measure, or other nature-based practice that naturally adjusts to changing environmental conditions through the lifespan of the practice and is designed to address future sea level rise, precipitation-induced flooding, or other climate change impacts;

(c) Create, restore, or enhance a nontidal wetland that results in habitat and water quality benefits if it is authorized by the Department of the Environment; or

(d) Propose alternative mitigation options that include provisions for Commission review; or

(3) Collect a fee in lieu in accordance with Regulation .07 of this chapter.

B. A local jurisdiction shall ensure that any general landscape screening requirements for an energy generating system are not included as part of the mitigation planting required in Regulation .04 of this chapter.

C. A local jurisdiction shall require a planting plan for:

(1) The area under the solar panels; or

(2) Replanting required in Regulation .04D and F of this chapter.

D. A local jurisdiction shall ensure long-term maintenance of the plantings through financial assurance measures.

E. A local jurisdiction shall require that all planting is in accordance with local reforestation and planting plan requirements, including protecting all planted areas through conservation easements, restrictive covenants, or other protective instruments.

Cross References

27.01.14.04B(2)(b)

27.01.14.04G

27.01.14.07A

27.01.14.07E(1)

27.01.14.07E(2)

History

Administrative History: Effective date: March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02-1 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .03A, B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03G, H repealed effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06A amended effective March 6, 2023 (50:4 Md. R. 123)
Authority: Natural Resources Article, §§8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

COMAR 27.01.14.07 Fee In Lieu.

A local jurisdiction shall:

A. Collect at least $1.50 per square foot of mitigation as required in Regulation .06 of this chapter;

B. Ensure the fee is adequate to cover the cost associated with administration, acquisition, planting, monitoring, and maintenance for the required mitigation or required planting requirements of Regulation .04D and F of this chapter;

C. Establish a separate account independent of other Critical Area funds, which may not revert to a local jurisdiction’s general fund, for the collection of the fee in lieu;

D. Prohibit the use of the fees to meet other landscaping requirements; and

E. Use the fees to accomplish:

(1) Off-site plantings in accordance with the options provided in Regulation .06A(1) of this chapter; or

(2) Other water quality and habitat enhancement projects provided in Regulation .06A(2) of this chapter, and as described in a local Critical Area program approved by the Commission or in an agreement between the local jurisdiction and the Commission.

Cross References

27.01.14.06A(3)

History

Administrative History: Effective date: March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02-1 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .03A, B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03G, H repealed effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .06A amended effective March 6, 2023 (50:4 Md. R. 123)
Authority: Natural Resources Article, §§8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

27.01.15 Enforcement

COMAR 27.01.15.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Abatement.

(a) “Abatement” means the elimination of the violation;

(b) “Abatement” includes stabilization of the site.

(2) “Restoration” means returning the affected area to its previous condition prior to the violation.

(3) “Violator” means a contractor, property owner, or any other person who committed, assisted, authorized, or participated in the violation.

(4) Violation.

(a) “Violation” means an act that violates the provisions of this subtitle or Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland.

(b) “Violation” includes:

(i) Clearing, disturbance of the Buffer, construction of unpermitted structures, grading in the Critical Area without a permit, grading in the Critical Area beyond the allowable limits authorized by a local jurisdiction, and exceedance of allowable lot coverage limits; and

(ii) Failure to comply with the deadlines required under Regulation .03 of this chapter.

History

Administrative History: Effective date: December 11, 2025 (52:24 Md. R. 1199)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1809, 8-1815, and 8-1815.1, Annotated Code of Maryland

COMAR 27.01.15.02 Applicability.

A. Notwithstanding any provision in a local law or ordinance, or the lack of provision in a local law or ordinance, all of the requirements of this regulation shall apply to, and be applied by, a local jurisdiction as minimum standards for a local program sufficient to meet the goals of the Critical Area program.

B. In the event that a provision of this chapter conflicts with a provision of a local program, the stricter provision applies.

History

Administrative History: Effective date: December 11, 2025 (52:24 Md. R. 1199)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1809, 8-1815, and 8-1815.1, Annotated Code of Maryland

COMAR 27.01.15.03 Minimum Requirements for Enforcement Program.

A local jurisdiction shall include all of the following requirements as part of their enforcement program.

A. A local jurisdiction may obtain access to and enter a property in order to:

(1) Identify or verify a suspected violation;

(2) Restrain a development activity; or

(3) Issue a notice of violation if a local jurisdiction believes that a violation of the local program has occurred or is occurring.

B. A local jurisdiction shall make a reasonable effort to contact a property owner before obtaining access to or entering the property.

C. If a property owner denies entry, a local jurisdiction may seek an injunction to enter the property to pursue an enforcement action.

D. If a local jurisdiction identifies an active violation, it shall issue a stop work order.

E. Within 30 days of identifying a violation or issuing a stop work order, a local jurisdiction shall send the alleged violator, via certified mail, a notice of violation letter that includes:

(1) A description of the facts supporting the alleged violation;

(2) References to the provisions of Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, this title, or a local jurisdiction’s Critical Area program which have been alleged to have been violated;

(3) A notice of the right to file an appeal in accordance with §J of this regulation;

(4) If eligible to apply for a variance, an explanation that applying for a variance constitutes a waiver of the right to appeal the notice of violation;

(5) Actions necessary to bring the site into compliance, which may include:

(a) Paying fines in accordance with Regulation .04 of this chapter;

(b) A description of the abatement and restoration measures required under §H of this regulation to resolve the violation and the deadline by which those measures must be implemented;

(c) If the violation is a clearing violation, a requirement that the alleged violator replant trees where the cutting or clearing occurred in accordance with a plan prepared by the State Forester, a licensed professional forester, a licensed landscape architect, or a Forest Conservation Qualified Professional approved by the Department of Natural Resources;

(d) A mitigation plan as required under §H of this regulation; and

(e) Applying for an after-the-fact variance; and

(6) A deadline for when a response action is required from the alleged violator.

F. The local jurisdiction shall:

(1) Track the deadlines required in §E of this regulation;

(2) Communicate in writing if an alleged violator fails to meet the initial deadline; and

(3) Perform one of the following actions if the alleged violator does not resolve the violation as required by the notice of violation, and fails to respond to the local jurisdiction’s written communication for 30 days:

(a) Request assistance from the Commission;

(b) Refer the matter to the Commission as required under Regulation .05 of this chapter for referral to the Office of the Attorney General;

(c) Refer the matter to the local jurisdiction’s Office of Law to bring an enforcement action, including civil penalties;

(d) Refer the matter to the Office of the Attorney General for criminal prosecution; or

(e) If the violation is for clearing, file suit in circuit court for damages in an amount equal to the estimated cost of replanting trees which shall be paid by the alleged violator to the local jurisdiction.

G. If a local jurisdiction fails to comply with the requirements under §F of this regulation, the Commission may notify the local jurisdiction of the deficiency and take any necessary actions, in accordance with Natural Resources Article, §8-1809(n), Annotated Code of Maryland.

H. The local jurisdiction may require any of the following actions in order to remedy the violation:

(1) Abatement;

(2) A restoration plan to provide plantings at a mitigation rate in accordance with a local program; and

(3) A mitigation plan to provide plantings at the rate required by a local program if the alleged violator pursues an after-the-fact variance.

I. If the alleged violator pursues an after-the-fact variance, mitigation requirements are cumulative and consist of plantings for:

(1) The violation in accordance with an approved restoration plan under §H(2) of this regulation; and

(2) The variance in accordance with an approved mitigation plan under §H(3) of this regulation.

J. A local jurisdiction shall provide an appeals process consistent with their local program that allows the alleged violator to appeal the notification of violation.

History

Administrative History: Effective date: December 11, 2025 (52:24 Md. R. 1199)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1809, 8-1815, and 8-1815.1, Annotated Code of Maryland

COMAR 27.01.15.04 Fees and Penalties.

A. These regulations are not intended to alter a local jurisdiction’s authority to assess fines, as provided under the Maryland Constitution or the Express Powers Act.

B. Each alleged violator who violates a provision of a local program shall be subject to separate fines for each offense in accordance with Natural Resources Article, §8-1808(c)(1)(iii)15, Annotated Code of Maryland, including:

(1) Each violation constitutes a separate offense;

(2) Each calendar day that a violation continues constitutes a separate offense; and,

(3) Fines for a continuing violation shall accrue without a requirement for an additional assessment, notice, or opportunity for hearing for each separate offense.

C. In determining the amount of the penalty to be assessed, a local jurisdiction shall consider:

(1) The gravity of the violation;

(2) Any willfulness or negligence involved in the violation;

(3) The environmental impact of the violation; and

(4) The cost of restoration of the resources affected by the violation and mitigation for damage to that resource.

D. A jurisdiction shall require a bond or other financial security for restoration or mitigation that exceeds 1,000 square feet or $1,000, or adopt procedures approved by the Commission that ensure the restoration or mitigation is properly completed.

History

Administrative History: Effective date: December 11, 2025 (52:24 Md. R. 1199)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1809, 8-1815, and 8-1815.1, Annotated Code of Maryland

COMAR 27.01.15.05 Request for Assistance from the Chair of the Commission or the Attorney General.

A. At any time during the enforcement process, a local jurisdiction may request, in writing, assistance from the Commission with an enforcement action.

B. A local jurisdiction may request in writing that the Chair refer an enforcement action to the Office of the Attorney General.

History

Administrative History: Effective date: December 11, 2025 (52:24 Md. R. 1199)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1809, 8-1815, and 8-1815.1, Annotated Code of Maryland

COMAR 27.01.15.06 Timeframes.

A. A local jurisdiction shall require any additional mitigation as a condition of approval for a permit, approval, variance, or special exception be completed within 90 days of issuance of the permit, approval, variance, or special exception unless an extension of time is appropriate because of adverse planting conditions, not to exceed an additional 90 days.

B. A local jurisdiction shall institute a criminal prosecution or suit for a civil penalty for a violation within three years after a Commission or the local jurisdiction knew or reasonably should have known of a violation.

History

Administrative History: Effective date: December 11, 2025 (52:24 Md. R. 1199)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1809, 8-1815, and 8-1815.1, Annotated Code of Maryland

27.02.01 General Provisions

COMAR 27.02.01.01 Definitions.

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Afforestation” has the meaning stated in Natural Resources Article, §5-1601(b), Annotated Code of Maryland.

(1-1) “Agricultural best management practice” has the meaning stated in COMAR 27.01.01.01.

(2) “Agriculture” has the meaning stated in COMAR 27.01.01.01.

(3) “Anadromous fish” has the meaning stated in COMAR 27.01.01.01.

(4) “Aquaculture” has the meaning stated in Natural Resources Article, §4-11A-01(b), Annotated Code of Maryland.

(5) Repealed.

(6) “Buffer” has the meaning stated in COMAR 27.01.01.01.

(6-1) “Chair” has the meaning stated in COMAR 27.01.01.01.

(7) “Clearcutting” has the meaning stated in COMAR 27.01.01.01.

(7-1) “Clearing” has the meaning stated in COMAR 27.01.01.01.

(7-2) “Climate” means a long-term trend in weather that extends over multiple decades.

(7-3) “Climate resilient practice” means a management measure that, in the context of sea level rise, increasing tidal inundation, increasing average temperatures, precipitation changes, and coastal and riverine flooding:

(a) Guides and informs decisions regarding the siting, design, construction, or reconstruction of a development project; and

(b) Enables a natural system to absorb disturbance and adapt while undergoing change, so as to retain essentially the same identity, structure, and function.

(8) “Cluster development” has the meaning stated in COMAR 27.01.01.01.

(8-1) “Coastal hazard” means an episodic, naturally occurring event or long-term coastal process that causes, or has foreseeable potential to cause, substantial damage to a given stretch of shoreline or a coastal area, including a coastal storm, a tsunami, a flood, shore erosion, and land subsidence.

(9) “Colonial nesting water bird” has the meaning stated in COMAR 27.01.01.01.

(10) “Commercial harvesting” has the meaning stated in COMAR 27.01.01.01.

(11) “Commission” has the meaning stated in COMAR 27.01.01.01.

(12) Repealed.

(13) “Critical Area” has the meaning stated in COMAR 27.01.01.01.

(13-1) “Design life” means the projected life expectancy of a structure or project.

(14) “Development” has the meaning stated in COMAR 27.01.01.01.

(15) “Developed woodlands” has the meaning stated in COMAR 27.01.01.01.

(16) Repealed.

(17) “Endangered species” has the meaning stated in COMAR 27.01.01.01.

(18) “Energy generating system” has the meaning stated in Land Use Article, §4-211, Annotated Code of Maryland.

(19) “Fishery activity” has the meaning stated in COMAR 27.01.01.01.

(20) “Forest” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.

(21) “Forest interior dwelling bird” has the meaning stated in COMAR 27.01.01.01.

(22) “Forest management” has the meaning stated in COMAR 27.01.01.01.

(23) “Habitat protection area” has the meaning stated in COMAR 27.01.01.01.

(24) “Highly erodible soil” has the meaning stated in COMAR 27.01.01.01.

(25) “Hydric soil” has the meaning stated in COMAR 27.01.01.01.

(26) Repealed.

(27) “K-factor” has the meaning stated in COMAR 27.01.01.01.

(28) “Landward edge” has the meaning stated in COMAR 27.01.01.01.

(29) “Lot coverage” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(29-1) Major Development.

(a) “Major development” means development on a scale that may cause:

(i) Statewide, regional, or interjurisdictional environmental or economic effects in the Critical Area; or

(ii) Substantial impact on the Critical Area program of a local jurisdiction.

(b) “Major development” includes:

(i) An airport, power plant, major solar energy generating system, wastewater treatment plant, highway, port, regional utility transmission facility, prison, hospital, public housing project, public beach, and an intensely developed park and recreation facility; and

(ii) A development or project authorized by the Public Service Commission under a Certificate of Public Convenience and Necessity.

(30) “Marina” has the meaning stated in COMAR 27.01.01.01.

(31) “Mean high water line” has the meaning stated in COMAR 27.01.01.01.

(31-1) “Minor development” means development of a reduced scale that:

(a) Causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which the development is located;

(b) Is consistent with the local Critical Area program;

(d) Is not considered by the Commission to be major development.

(32) “Natural features” has the meaning stated in COMAR 27.01.01.01.

(33) “Natural heritage area” has the meaning stated in COMAR 08.03.08.01, as designated in COMAR 08.03.08.10.

(34) “Natural vegetation” has the meaning stated in COMAR 27.01.01.01.

(35) “Nonpoint source pollution” has the meaning stated in COMAR 27.01.01.01.

(36) “Nontidal wetland” has the meaning stated in Environment Article, §5-901, Annotated Code of Maryland, and as applied by the Department of the Environment.

(37) “Offsets” has the meaning stated in COMAR 27.01.01.01.

(38) Repealed.

(39) Repealed.

(40) “Pier” has the meaning stated in Natural Resources Article, §8-1808.4(a), Annotated Code of Maryland.

(40-1) “Plant habitat” has the meaning stated in COMAR 27.01.01.01.

(41) “Port” has the meaning stated in COMAR 27.01.01.01.

(42) “Public water-oriented recreation” has the meaning stated in COMAR 27.01.01.01.

(43) Repealed.

(44) “Redevelopment” has the meaning stated in COMAR 27.01.01.01.

(45) “Reforestation” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.

(46) “Riparian habitat” has the meaning stated in COMAR 27.01.01.01.

(46-1) “Road” has the meaning stated in COMAR 27.01.01.01.

(46-2) “Sea level rise” means a rise in mean sea level that impacts a coastal area through seasonally high tides, prolonged inundation, or permanent submergence.

(47) Repealed.

(48) “Selection” has the meaning stated in COMAR 27.01.01.01.

(48-1) “Shoreline stabilization measure” has the meaning stated in COMAR 27.01.01.01.

(49) Repealed.

(50) “Soil conservation and water quality plan” has the meaning stated in COMAR 27.01.01.01.

(50-1) “Solar energy generating system” has the meaning stated in COMAR 27.01.14.01.

(51) “Species in need of conservation” has the meaning stated in COMAR 27.01.01.01.

(52) Repealed.

(53) State and Local Agency Actions.

(a) “State and local agency actions” means any direct action, including an action undertaken by a private sponsor on behalf of a State or local agency, such as construction, that causes development to occur.

(b) “State and local agency actions” include:

(i) The issuance of a Certificate of Public Convenience and Necessity by the Maryland Public Service Commission that results in development within the Critical Area; and

(ii) The issuance of a Certificate of Public Necessity by the Maryland Hazardous Waste Facilities Siting Board which allows the siting of a hazardous waste disposal facility.

(i) Actions required or specifically provided for by the Critical Area criteria, including construction or installation of structures or measures in order to implement approved stormwater management, grading, or sediment control plans, and the construction or installation of structures or measures on farms in order to implement approved soil conservation and water quality plans;

(ii) Actions causing development which are subject to approval under a Critical Area program by the local agency responsible for implementation of that program; or

(iii) Dredging of any waterway in the Critical Area that is conducted in accordance with applicable State and federal laws, rules, and regulations.

(54) “Steep slope” has the meaning stated in COMAR 27.01.01.01.

(55) “Stormwater” has the meaning stated in COMAR 27.01.01.01.

(56) Repealed.

(57) Repealed.

(58) “Transportation facility” has the meaning stated in Transportation Article, §3-101, Annotated Code of Maryland.

(58-1) “Tree” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.

(59) “Tributary stream” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(60) “Utility transmission facility” has the meaning stated in COMAR 27.01.01.01.

(61) “Vessel” has the meaning stated in Natural Resources Article, §8-701, Annotated Code of Maryland.

(62) Repealed.

(63) “Waterfowl” has the meaning stated in COMAR 27.01.01.01.

(64) “Wildlife corridor” has the meaning stated in COMAR 27.01.01.01.

(65) “Wildlife habitat” has the meaning stated in COMAR 27.01.01.01.

Cross References

27.02.05.15-1C

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.01 recodified to COMAR 27.01.01 in August, 1992
Administrative History: Regulation .01B amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380); December 22, 2014 (41:25 Md. R. 1487); March 12, 2018 (45:5 Md. R. 289); November 4, 2019 (46:22 Md. R. 980); June 29, 2020 (47:13 Md. R. 644); March 8, 2021 (48:5 Md. R. 218); September 6, 2021 (48:18 Md. R. 694); February 7, 2022 (49:3 Md. R. 139); March 6, 2023 (50:4 Md. R. 123) ; January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

27.02.02 State and Local Agency Actions Resulting in Development of Local Significance on Private Lands or Lands Owned by Local Jurisdictions

COMAR 27.02.02.01 Definition.

A. In this chapter, the following terms have the meanings indicated.

B. “Major development” has the meaning stated in COMAR 27.02.01.01.

C. “Minor development” has the meaning stated in COMAR 27.02.01.01.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.02 recodified to COMAR 27.02.02 in August, 1992
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

COMAR 27.02.02.02 Criteria.

A. Minor development on private land or lands owned by local jurisdictions, which is caused by State or local agency actions, shall be consistent with the provisions and requirements of the Critical Area program of the local jurisdiction within which the development is proposed.

B. Before initiating or approving these actions, the State or local agency shall obtain certification from the appropriate agency within the local jurisdiction that the actions are consistent with the local Critical Area program. A description of the proposed development and the request for local certification shall be submitted to the Commission.

C. If the Commission determines that a proposed development project is major development, then the Commission will review, and may give approval to, the project in accordance with the provisions of COMAR 27.02.04. The Commission shall notify a local jurisdiction within 15 days of receipt of the request for local certification if it determines that the project is a major development.

D. Copies of the local jurisdiction's approval or denial of certification shall be filed with the Commission.

E. If a local jurisdiction denies certification, then the proposed development may not occur. However, State agencies may appeal denials to the Commission according to the procedures set forth in COMAR 27.02.08.

Cross References

27.02.07.01A

27.02.07.04B(1)

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.02 recodified to COMAR 27.02.02 in August, 1992
Administrative History: ——————
Administrative History: Chapter revised effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

27.02.03 General Approval of State and Local Agency Programs Which Result in Development of Local Significance on Private Lands or Lands Owned by Local Jurisdictions

COMAR 27.02.03.01 Definition.

In this chapter, “minor development” has the meaning stated in COMAR 27.02.01.01.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.03 recodified to COMAR 27.02.03 in August, 1992
Administrative History: ——————
Administrative History: COMAR 14.19.03 recodified to COMAR 27.02.03 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01A amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01 recodified to be Regulation .02 effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01 adopted effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

COMAR 27.02.03.02 Criteria.

A. Rather than obtaining certification for an individual project or action, as provided in COMAR 27.02.02, a State or local agency may seek a general approval from the Commission for a program or class of activities that will result in development of local significance in the Critical Area, such as forest management plans and soil conservation and water quality plans.

B. Agencies wishing to apply for general approval shall submit the following information to the Commission:

(1) A description of the program or class of activities;

(2) An assessment of the extent to which development resulting from the program or class of activities will be consistent with the criteria described in COMAR 27.01; and

(3) A proposed process by which the program or class of activities could be so conducted as to conform with the requirements of COMAR 27.01.

C. The Commission shall seek comments from affected local jurisdictions in the Critical Area on any proposed general approval for State or local agency programs or activities.

D. The Commission may approve requests for general approval upon considering the comments of the affected local jurisdictions and after finding that the programs or activities conform with the requirements of COMAR 27.01 and will not cause any significant adverse effects on the growth allocation of a local jurisdiction as described in COMAR 27.01.02.06. In approving these requests, the Commission may condition, or request modifications to, the program or class of activities. The Commission may also establish a termination date for any general approval and specify the conditions by which an agency shall be required to seek renewal of a general approval.

E. The Commission may revoke a general approval with 90 days notice to the affected State or local agency, if the Commission finds that the agency has failed to follow the process described in §B(3), above.

F. Appeal of the Commission's decision may be made in accordance with the provisions of COMAR 27.02.08.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.03 recodified to COMAR 27.02.03 in August, 1992
Administrative History: ——————
Administrative History: COMAR 14.19.03 recodified to COMAR 27.02.03 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01A amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .01 recodified to be Regulation .02 effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .01 adopted effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

27.02.04 State or Local Agency Actions Resulting in Major Development on Private Lands or Lands Owned by Local Jurisdictions

COMAR 27.02.04.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Major development” has the meaning stated in 27.02.01.01.

(2) “Reservation of Resource Conservation Area Density Rights Agreement” has the meaning stated in COMAR 27.01.14.01.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.04 recodified to COMAR 27.02.04 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .01B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02B,C amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02G—I adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02G amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

COMAR 27.02.04.02 Criteria.

A. New major development which is caused by State or local agency actions shall, to the extent practical, be located outside the Critical Area.

B. If the siting of a major development within the Critical Area is unavoidable because of water dependency or other locational requirements that cannot be satisfied outside the Critical Area, the State or local agency responsible for the development, or the agency proposing a capital project, shall seek approval for the development from the Commission.

C. In seeking approval, the agency shall submit the following information to the Commission:

(1) Findings, supported by adequate documentation, showing the extent to which the development is consistent with the provisions and requirements of the Critical Area program of the local jurisdiction within which it is located; and

(2) An evaluation of the effects of the development on the Critical Area program of the local jurisdiction, or jurisdictions, within which it is located, including any effects on the jurisdiction's growth allocation as described in COMAR 27.01.02.06.

D. Upon receipt of a request for approval, the Commission shall seek comments on the proposed development from the affected local jurisdictions and from the general public.

E. The Commission shall approve, deny, or request modifications to, the proposed development based on an assessment of the effects of the development on the criteria described in COMAR 27.01, and on the approved local Critical Area program which may be affected by the development. Appeal of the Commission's decision may be made according to the procedures set forth in COMAR 27.02.08.

F. Commission approval of development in an area that is designated as a resource conservation area by the local jurisdiction does not have the effect of diminishing the acreage of resource conservation area within that jurisdiction or diminishing the acreage of growth allocation as described in COMAR 27.01.02.06.

G. When the Public Service Commission is reviewing an application for a Certificate of Public Convenience and Necessity for development within the Critical Area, the Critical Area Commission or its Chair shall:

(1) Review the Critical Area impacts to ensure the development meets the requirements of COMAR 27.01 and COMAR 27.02;

(2) Provide comments on the Critical Area impacts to the Power Plant Research Program of the Department of Natural Resources and request the comments be incorporated as recommended conditions to the Public Service Commission; and

(3) Forward comments to the affected local jurisdictions.

H. A major solar energy generating system proposed by a private sponsor in the resource conservation area requires a Reservation of Resource Conservation Area Density Rights Agreement in accordance with COMAR 27.01.14.05.

I. A major solar energy generating system proposed by a local agency on locally owned lands in the resource conservation area does not require reservation of development rights or recordation of a Reservation of Resource Conservation Area Density Rights Agreement in accordance with COMAR 27.01.14.05.

Cross References

27.02.07.01C

27.02.07.02-1E(2)

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.04 recodified to COMAR 27.02.04 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .01B amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02B,C amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02G—I adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02G amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

27.02.05 State Agency Actions Resulting in Development on State-Owned Lands

COMAR 27.02.05.01 General Provisions.

A. Definitions.

(1) In this chapter, the following words have the meanings indicated.

(2) Terms Defined.

(a) Intensely Developed Area.

(i) “Intensely developed area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(ii) “Intensely developed area” includes the provisions of COMAR 27.01.02.03.

(b) Limited Development Area.

(i) “Limited development area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(ii) “Limited development area” includes the provisions of COMAR 27.01.02.04.

(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.

(d) Resource Conservation Area.

(i) “Resource conservation area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(ii) “Resource conservation area” includes the provisions in COMAR 27.01.02.05.

(e) “State agency” or “agency” means the executive department within State government that:

(i) Owns or is responsible for management of the land on which development will occur; or

(ii) Proposes a development project.

(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) A program or class of activities for which the Commission has issued a general approval under COMAR 27.02.03; or

(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) 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) 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.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.02 Commission Review.

A. If the action of a State agency will result in development in the Critical Area, the agency, as soon as practicable in the planning process, shall consult with the Commission regarding an assessment of:

(1) The requirements under Regulations .03—.15 of this chapter and the likely effects of these requirements on a development project, including the fee simple acquisition or disposal of land in the Critical Area; and

(2) Climate resilient practices that address coastal hazards, extreme weather events, sea level rise, and other impacts.

B. At any time during the Commission’s review process, the Commission may comment in writing on a proposed development or land acquisition or disposal, and, when applicable, shall transmit its comments to the agency, but these comments may not prevent the agency from submitting the proposed development for funding or from acquiring or disposing of land.

C. When the Commission determines that the consultation process under §A of this regulation has been completed, a State agency shall submit its proposed development for the Commission’s approval before the earliest to occur of the following stages of development:

(1) The commencement of construction or the issuance of a request for proposal for site design, development, or engineering; or

(2) For a major transportation capital project, as defined in Transportation Article, §2-103.1, Annotated Code of Maryland, the final project planning phase.

D. In its development proposal under §C of this regulation, an agency shall submit, at a minimum:

(1) A description of the development project;

(2) Findings that the development project complies with all requirements under Regulations .03—.15 of this chapter, as applicable;

(3) All information and documentation required by the Commission; and

(4) If applicable, findings under COMAR 27.02.06.

E. The Commission:

(1) Shall:

(a) Review the description and findings in accordance with the procedures under COMAR 27.02.07; and

(b) Seek comments from the local jurisdiction within which the proposed development is located; and

(2) May approve, deny, approve with conditions, or send back the proposed development project, based on an assessment of the extent to which the project complies with the requirements under Regulations .03—.14 of this chapter.

F. If the Commission finds that the development project, as proposed or as modified under §E(2) of this regulation, does not comply with the requirements of this chapter, the Commission may not authorize the development to proceed, unless otherwise approved under the provisions of COMAR 27.02.06.

G. A State agency may appeal, or request consideration of, a final decision of the Commission in accordance with the provisions of COMAR 27.02.08.

Cross References

27.02.05.03B(5)

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.03 Criteria for Development by a State Agency on State-Owned Land.

A. The following general criteria are applicable to development by a State agency on State-owned land:

(1) To the maximum extent practicable, a State agency shall locate development outside the Critical Area;

(2) A State agency may not locate a solid or hazardous waste acceptance facility on State-owned land in the Critical Area; and

(3) Except in the buffer, a State agency may apply, or authorize the application of, sludge in the Critical Area if the application:

(a) Occurs on agricultural or horticultural land; and

(b) When a permit is required, is in accordance with the permit issued by the Department of the Environment.

B. When a State agency proposes development on State-owned land in the Critical Area, the agency:

(1) Shall demonstrate to the Commission that the development project has received all applicable federal and State authorizations, including approvals related to stormwater management and soil erosion and sediment control;

(2) Shall comply with the habitat protection area requirements under Regulations.09—.13 of this chapter;

(3) Shall, to the maximum extent practicable:

(a) Incorporate and maintain a wildlife corridor system, including all habitat protection areas near the development project, so as to connect the largest, most vegetated tracts of land within, adjacent to, or near the development project and provide continuity of existing wildlife and plant habitats with other off-site habitat areas;

(b) Preserve, protect, and maintain a potential wetland migration area:

(i) Within the area of the development project; and

(ii) Adjacent to the area of the development project, if the agency owns the adjacent land or the adjacent land is within the agency’s legally enforceable right-of-way;

(c) Establish areas of public access to the shoreline, including foot paths, scenic drives, and other public recreational facilities;

(d) Maintain all forest and developed woodland designated on the development plans;

(e) Increase or, if an increase is not possible, maintain the total acreage of forest cover in the Critical Area; and

(f) Cluster development activities;

(4) When cutting or clearing trees located in a forest or developed woodland or altering a forest or developed woodland, shall:

(a) Design and implement a development project so as to minimize the clearing of forest and developed woodland;

(b) Protect an area identified as a habitat protection area; and

(c) Replace all forest and developed woodland that is cut or cleared in the Critical Area at a ratio of at least 1:1, except:

(i) In accordance with a management plan for a habitat protection area that has been approved by the Commission;

(ii) As specified under §B(10) of this regulation; or

(iii) As provided under Regulation .03-2 or .03-3 of this chapter;

(5) If development is likely to result in an adverse off-site impact on the Critical Area of a local jurisdiction, shall, with the proposal and findings required under Regulation .02 of this chapter, describe:

(a) All expected off-site impacts on the local jurisdiction’s Critical Area; and

(b) All alternatives pursued by the agency in order to minimize the off-site impacts, including any measures proposed to mitigate these impacts;

(6) Except as authorized under §E(1) of this regulation, may not locate a development project on a site where that project or a related project would cross or impact a stream;

(7) Except as authorized under §E(2) of this regulation, may not locate a road, bridge, or utility in a habitat protection area designated under COMAR 27.01.09;

(8) Shall demonstrate to the Commission that the development will comply with all stormwater pollutant reduction requirements that are applicable under the Critical Area Program;

(9) Shall demonstrate to the Commission that:

(a) In determining the proposed location, the agency has considered the likelihood of inundation by sea level rise over the course of the design life of the development; and

(b) The development identifies and incorporates climate resilient practices in order to avoid or, if avoidance is not possible, minimize environmental and structural damage associated with a coastal hazard, an extreme weather event, sea level rise, and other impacts; and

(10) Shall replant at a ratio of at least 3:1 of the entire areal extent of a cleared forest or developed woodland if the agency:

(a) Clears the forest or developed woodland before obtaining Commission approval;

(b) Clears the forest or developed woodland before obtaining all applicable federal and State authorizations under §B(1) of this regulation; or

C. If a detrimental impact to a potential wetland migration area under §B(3)(b) of this regulation is unavoidable, a State agency shall:

(1) Demonstrate to the Commission why that impact is unavoidable;

(2) Provide an assessment of the ecological features on site that could be enhanced, restored, or created in order to maintain existing wetland functions and to provide additional protection against future sea level rise and coastal storm impacts; and

(3) Make recommendations regarding the most feasible methods to address the detrimental impact and the enhancement, restoration, and creation of natural features on site.

D. When an area of public access is established under §B(3)(c) of this regulation, a State agency shall demonstrate to the Commission that:

(1) The location and design of the project will minimize impacts from coastal hazards and sea level rise; and

(2) Long-term access has been considered.

E. A State agency may locate:

(1) Development on a site where the project would cross or impact a stream if:

(a) No practicable alternative exists for the location of the development; and

(b) The agency designs, builds, and maintains the development project so as to:

(i) Prevent or, if prevention is not possible, accommodate an increase in flood frequency and severity that is attributable to the development project;

(ii) Accommodate foreseeable changes in hydrologic conditions, including an increase in tidal inundation;

(iii) Retain tree canopy to maintain stream water temperature within normal variation;

(iv) Provide a natural substrate for the streambed; and

(v) Minimize adverse impacts on water quality and quantity from stormwater; and

(2) A road, bridge, or utility in a habitat protection area if:

(a) No practicable alternative exists for the location of the road, bridge, or utility; and

(b) The agency designs, builds, and maintains the road, bridge, or utility so as to:

(i) Provide maximum protection from erosion;

(ii) Avoid or, if avoidance is not possible, minimize negative impacts on fish, wildlife, plants, and their habitats; and

(iii) Maintain hydrologic processes and water quality.

F. A State agency:

(1) Shall provide an offset if the stormwater management technology authorized under §B(8) of this regulation does not reduce pollutant loading by at least 10 percent:

(a) Of the predevelopment level, for new development; or

(b) Below the level of pollution on site before redevelopment; and

(2) May provide the offset off site if:

(a) An on-site offset is not practicable;

(b) Water quality benefits off site are equivalent to those that would be achieved on site;

(d) Water quality benefits are demonstrable through the use of modeling, monitoring, or other computation measures of mitigation acceptable to the Commission.

G. If a State agency proposes development on State-owned land under the waters of the Chesapeake Bay, the Atlantic Coastal Bays, or their tidal tributaries, the agency shall demonstrate to the Commission that:

(1) The development project has received all applicable federal and State authorizations; and

(2) Development on any fastland created by the agency will be consistent with the requirements of this chapter.

Cross References

27.02.05.02A(1)

27.02.05.02D(2)

27.02.05.02E(2)

27.02.05.03-1A

27.02.05.03-2A

27.02.05.03-3A

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.03-1 Development in an Intensely Developed Area.

A. The requirements of this regulation are in addition to the requirements under Regulation .03 of this chapter.

B. If any part of a linear project crosses an area designated as an intensely developed area, the Commission shall review the linear project in accordance with the requirements of this regulation.

C. When a State agency proposes development in an intensely developed area, to the maximum extent practicable, the agency shall:

(1) Plant native vegetation and minimize areas maintained as lawn or turf; and

(2) Utilize pervious surfaces rather than impervious surfaces on the development site.

D. Location of Future Port or Industrial Facilities

(1) Except as authorized under §D(2) of this regulation, a State agency shall locate a port or an industrial facility in an intensely developed area and as close as possible to an already-existing port or facility if the port or facility uses water for transportation and derives an economic benefit from shore access.

(2) A State agency may identify an alternative to the location specified under §D(1) of this regulation for future port or industrial facility development and use if the alternative location:

(a) Will provide significant economic benefit to the State or a local jurisdiction; and

(b) Satisfies all other applicable federal and State requirements.

E. Uses Authorized Only in Intensely Developed Areas.

(1) Subject to the requirements under §E(2) of this regulation, a State agency may locate a new facility or other new development that has the potential for adversely affecting water quality or fish, wildlife, and plant habitats in the Critical Area only if the facility or development is located in an intensely developed area.

(2) An agency may locate, or authorize the location of, the following facilities or types of development in an intensely developed area:

(a) A power plant;

(b) A permanent sludge handling, storage, or disposal facility, if it is associated with a wastewater treatment facility; or

Cross References

27.02.05.03-2B

27.02.05.03-3C

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.03-2 Development in a Limited Development Area.

A. The requirements of this regulation are in addition to the requirements under Regulation .03 of this chapter.

B. If any part of a linear project crosses an area designated as a limited development area, the Commission shall review the linear project in accordance with the requirements of Regulation .03-1 of this chapter.

C. For development proposed on State-owned land that is in a limited development area, a State agency:

(1) Except as authorized under §D of this regulation, may remove up to 20 percent of the areal extent of forest or developed woodland, and shall maintain the remaining percentage as forest or developed woodland;

(2) On a slope measuring at least 15 percent, as measured before development, may not propose a disturbance, unless the disturbance is the only effective way to stabilize the slope;

(3) May not design or construct a development project that exceeds 15 percent of the lot coverage on:

(a) The total development site, if the site is mapped entirely as a limited development area; or

(b) The portion of the development site that is mapped as a limited development area, if only a portion of the site is mapped as a limited development area; and

(4) If there is no forest or developed woodland established on a proposed development site, shall:

(a) Plant the site to provide a new forest or developed woodland cover of at least 15 percent; and

(b) Maintain the afforested area as forest or developed woodland cover.

D. The Commission may authorize a State agency to remove:

(1) More than 20 percent and up to 30 percent of the areal extent of a forest or developed woodland if:

(a) The agency replaces the forest or developed woodland removed at a ratio of 1.5:1 of the entire areal extent of the forest or developed woodland removed; and

(b) The agency maintains the remaining percentage as forest or developed woodland; or

(2) More than 30 percent of the areal extent of a forest or developed woodland if:

(a) In accordance with the requirements under COMAR 27.02.06, the Commission approves the agencys request for conditional approval;

(b) The agency replaces the forest or developed woodland removed at a ratio of at least 3:1 of the entire areal extent of the forest or developed woodland removed; and

Cross References

27.02.05.03-3B(1)

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.03-3 Development in a Resource Conservation Area.

A. The requirements of this regulation are in addition to the requirements under Regulation .03 of this chapter.

B. For development on State-owned land that is in a resource conservation area:

(1) A State agency shall comply with all of the provisions under Regulation .03-2 of this chapter, except that the prohibition under Regulation .03-2C(3) is not applicable in the resource conservation area;

(2) A State agency may not design or construct a development project that exceeds 15 percent of the lot coverage on:

(a) The total development site, if the site is mapped entirely as a resource conservation area; or

(b) The portion of the development site that is mapped as a resource conservation area, if only a portion of the site is mapped as a resource conservation area; and

(3) Overall density may not exceed one dwelling unit per 20 acres.

C. If any part of a linear project crosses an area designated as a resource conservation area, the Commission shall review the linear project in accordance with the requirements of Regulation .03-1 of this chapter.

D. A State agency may locate or expand an institutional, commercial, or industrial project or use in a resource conservation area if the project or use is:

(1) Approved by the Commission under the provisions of COMAR 27.02.03 or 27.02.06; or

(2) In accordance with a duly executed Memorandum of Understanding between the agency and the Commission.

E. A State agency may locate any commercial, institutional, or industrial solar energy generating system in a resource conservation area in accordance with Regulation .15 of this chapter.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.04 Water-Dependent Facilities and Activities — Definition.

In this regulation and in Regulations .04-1 through .04-3 of this chapter, “water-dependent facility or activity” has the meaning stated in COMAR 27.01.03.01.

Cross References

27.02.05.04-1B

27.02.05.05B

27.02.05.08-1B

27.02.05.09B(2)

27.02.05.12B(2)(b)

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.04-1 Water-Dependent Facilities and Activities — General Criteria.

An agency proposing development on State-owned land or responsible for the administration of a water-dependent facility or activity located on State-owned land:

A. In accordance with Natural Resources Article, §8-1808.3, Annotated Code of Maryland, and COMAR 27.02.05.09, shall limit development in the buffer to the minimum lot coverage necessary to accommodate each water-dependent facility or activity;

B. Except as otherwise provided under Regulations .04—.04-3 of this chapter, may develop a water-dependent facility or activity in the buffer if:

(1) The facility or activity is water-dependent;

(2) The facility or activity meets a recognized public need;

(3) Adverse impacts on water quality and fish, wildlife, and plant [habitat] habitats are first avoided or, if unavoidable, minimized; and

(4) A nonwater-dependent project associated with the water-dependent facility or activity is located outside the buffer;

C. May not place, or 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) A beneficial use approved by the Board of Public Works or the Department of the Environment, such as:

(a) Backfill for a shoreline stabilization measure;

(b) Use in a nonstructural shoreline stabilization measure, including a living shoreline;

(d) Restoration of an island;

(e) The creation, restoration, or enhancement of a wetland or a fish, wildlife, or plant habitat; or

(f) Any other approved beneficial use; or

(2) Placement in an area that was approved for the disposal of channel maintenance dredged material before June 11, 1988; and

D. Shall ensure:

(1) The avoidance or, if unavoidable, the minimization of impacts to fish, wildlife, or plant habitat; and

(2) Mitigation at a ratio of 1:1 based on the square footage of the area of the canopy coverage removed.

Cross References

27.02.05.04-2A

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.04-2 Water-Dependent Facilities and Activities — General Location Requirements.

A. The provisions of this regulation are in addition to the provisions of Regulation .04-1 of this chapter.

B. An agency proposing development on State-owned land or responsible for the administration of a water-dependent facility or activity located on State-owned land shall document how each of the following siting factors is accorded due consideration:

(1) The impact on the water body upon which the water-dependent facility or activity is proposed that would likely result from the approval of that location, including:

(a) Alteration of an existing water circulation pattern or salinity regime;

(b) Adequacy of area flushing characteristics;

(d) Interference with the natural transport of sand;

(2) Disturbance to:

(a) An oyster harvest area, as defined in COMAR 08.02.04.11;

(b) An area covered in a current aquaculture lease, as defined in Natural Resources Article, §4-11A-01, Annotated Code of Maryland;

(d) An oyster sanctuary, as established in COMAR 08.02.04.15A; and

(e) Any other shellfish located in a shellfish area regulated by the Department of Natural Resources;

(3) Avoidance of disturbance to water quality and aquatic or terrestrial habitat resulting from the method or manner of dredging; and

(4) Avoidance or, if avoidance is not possible, minimization of:

(a) Disturbance to:

(i) A wetland;

(ii) Submerged aquatic vegetation;

(iii) A habitat of threatened or endangered species or species in need of conservation;

(iv) In accordance with COMAR 26.08.02.04-2, a water body identified by the Department of the Environment as a Tier II, high quality water body and its watershed;

(v) In accordance with COMAR 26.08.02.04-3, a water body identified by the Department of the Environment as a Tier III, outstanding natural resource water body and its watershed; and

(vi) A nontidal wetland of special State concern, as set forth in COMAR 26.23.01.01 and .04, and COMAR 26.23.06; and

(b) Adverse impact on water quality that would likely result from the facility or activity, such as nonpoint source pollution, sewage discharge, or other pollution related to vessel maintenance.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.04-3 Water-Dependent Facilities and Activities — Site-Specific Criteria.

A. The provisions of this regulation are in addition to the provisions of Regulations .04-1 and .04-2 of this chapter.

B. An agency proposing development on State-owned land or responsible for the administration of a water-dependent facility or activity located on State-owned land:

(1) May locate a water-dependent industrial or port-related facility or activity in the buffer if:

(a) The facility or activity is in an intensely developed area; and

(b) The Commission has approved a modification of the buffer requirements under Regulation .09 of this chapter or has duly executed a memorandum of understanding to that effect;

(2) Shall require that the operation of each commercial marina and each related commercial maritime facility or activity complies with:

(a) The requirements of COMAR 26.08.04.09 and, as applicable, COMAR 26.24.04.03; and

(b) The stormwater, wastewater, noncontact cooling water discharge, and any other applicable requirements of the Department of the Environment;

(3) May develop a commercial marina or a related commercial maritime facility or activity in the buffer of a resource conservation area, upon full satisfaction of all the requirements under §B(4)(a) of this regulation;

(4) May locate:

(a) A public beach or other public water-oriented recreation or education area or activity, including a publicly owned fishing pier or a boat launching and docking facility or activity, in the buffer if:

(i) Adequate sanitary facilities exist;

(ii) Sanitary and service facilities are, to the extent possible, located outside the buffer;

(iii) A permeable surface is used to the extent practicable, if no degradation of ground water would likely result; and

(iv) Disturbance to natural vegetation is first avoided or, if unavoidable, minimized; or

(b) A public passive outdoor recreation or education area, such as hiking, hunting, trapping, or nature study, in the buffer of a limited development area or a resource conservation area if sanitary and service facilities to support these uses are located outside the buffer;

(5) As applicable, if an associated nonwater-dependent project is located outside the buffer, may locate in the buffer a research-associated water-dependent facility or activity or an education-associated water-dependent facility or activity; and

(6) May locate the following facilities and activities in the buffer:

(a) A shore-based facility or activity necessary for a commercial aquaculture operation;

(b) A commercial water-dependent fishery facility or activity, including a structure for crab shedding, a fish off-loading dock, and a shellfish culture operation; and

(c) A facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds.

Cross References

27.02.05.04-1B

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.05 Shoreline Stabilization Measures.

A. Definition. In this regulation, “shoreline stabilization measure” has the meaning stated in COMAR 27.01.01.01.

B. Applicability. The provisions of this regulation do not apply to a structure that is, by necessity, associated with a water-dependent facility under COMAR 27.02.05.04—.04-3.

C. Policies. An agency planning or proposing a shoreline stabilization measure on State-owned land shall follow these policies:

(1) Prioritization of the preservation of the natural shoreline;

(2) Protection of significantly eroding portions of the shoreline in the Critical Area; and

(3) In order to conserve and protect plant, fish, and wildlife habitat, the use of appropriate shoreline stabilization measures that effectively and practically reduce shore erosion.

D. Criteria. An agency planning or proposing a shoreline stabilization measure on State-owned land shall satisfy these criteria:

(1) In accordance with COMAR 26.24.04.01-1, adherence to the structural shoreline stabilization maps developed and maintained by the Department of the Environment;

(2) In accordance with Environment Article, §16-201(c), Annotated Code of Maryland, and COMAR 26.24.04.01, prohibition of the use of a structural shoreline stabilization measure in an area where no significant shore erosion occurs; and

(3) Performance of mitigation measures applicable to the type of shoreline stabilization measure to be undertaken, as specified in the Commission form entitled “Shoreline Stabilization Measure Buffer Management Plan”.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.06 Forest and Woodland Protection.

A. Repealed.

B. Criteria. The agency administering State-owned lands on which timber harvesting is planned shall use all of the following criteria:

(1) A forest management plan shall be required for all timber harvesting occurring within any 1-year interval and affecting at least 1 acre of forest and developed woodland in the Critical Area. The plans shall be prepared by a registered professional forester and be reviewed and approved by the Department of Natural Resources. Plans shall include measures to protect surface and ground water quality, identify whether the activities will disturb or affect habitat protection areas as identified in Regulations .09—13 of this chapter, and incorporate protection measures for these areas. To provide for the continuity of habitat, the plans shall address mitigation through forest management techniques which include scheduling size, timing and intensity of harvest cuts, afforestation, and reforestation;

(2) A sediment control plan shall be required for all harvests of at least 5,000 square feet of disturbed area in the Critical Area, including harvesting on agricultural lands. This plan shall be developed according to the guidelines established by the Department of Natural Resources. The operations shall be implemented in accordance with specifications set out by the local soil conservation district and the Department of Natural Resources; and

(3) The cutting or clearing of trees within the buffer, as described in Regulation .09 of this chapter, shall be in accordance with that regulation.

Cross References

27.02.05.09B(5)(a)(iv)

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.07 Agriculture.

A. Applicability. The provisions of this regulation do not apply to an agricultural activity that is conducted for an experimental purpose on State-owned land in the Critical Area if:

(1) Adverse impact to a habitat protection area covered in Regulations .09—.13 of this chapter, as applicable, is avoided; and

(2) The experimental activity is approved by the State Department of Agriculture and the University of Maryland.

B. Criteria. When agriculture occurs on State-owned land, the agency administering the land shall assure that:

(1) Each agricultural operation has in place and is implementing a current:

(a) Soil conservation and water quality plan; and

(b) Nutrient management plan prepared by a certified nutrient management consultant or certified farm operator in accordance with COMAR 15.20.04.07 and .08;

(2) Agricultural activities authorized in the buffer are in accordance with Regulation .09 of this chapter; and

(3) The creation of new agricultural land is not accomplished:

(a) By diking, draining, or filling of a nontidal wetland, except in accordance with the requirements of COMAR 26.23.05.01;

(b) By clearing of forest or developed woodland on soil with a slope greater than 15 percent or on soil with a K-factor greater than 0.35 and a slope greater than 5 percent;

(c) If clearing will adversely affect water quality or will destroy plant or wildlife habitat covered in Regulations .10—.13 of this chapter, as applicable; or

(d) By clearing of existing natural vegetation within the buffer.

Cross References

27.02.05.09A

27.02.05.15-2A

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.08 Surface Mining — Definitions.

A. In Regulations .08-1—.08-3 of this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Affected land” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

(2) “Borrow pit” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

(3) “Mineral” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

(4) “Overburden” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

(5) “Reclamation” has the meaning stated in COMAR 27.01.07.01.

(6) “Spoil pile” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

(7) “Surface mining” has the meaning stated in COMAR 27.01.07.01.

(8) “Wash plant” has the meaning stated in COMAR 27.01.07.01.

Cross References

27.02.05.08-1A

27.02.05.08-1B

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.08-1 Surface Mining — Applicability and Construction.

A. The provisions of Regulations .08—.08-3 of this chapter are applicable in addition to any other statutory or regulatory requirement applicable under federal or State law.

B. Notwithstanding any other provision of law, the provisions of Regulations .08—.08-3 of this chapter may not be construed to prohibit the location or use of a water-dependent facility, in accordance with Regulation .04 of this chapter, for the transport of a surface mining product or by-product.

Cross References

27.02.05.08A

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.08-2 Surface Mining — Policies.

When surface mining occurs on State-owned land, the agency administering the land shall ensure that due consideration is accorded to:

A. When locating a surface mining activity, avoidance or, if avoidance is not possible, minimization of:

(1) The substantial loss of renewable resource land; and

(2) The degradation of water quality; and

B. When conducting a surface mining activity:

(2) Facilitation of site reclamation, including renewable resource land, as soon as possible and to the maximum extent possible.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.08-3 Surface Mining — Criteria.

When surface mining occurs on State-owned land, the agency administering the land shall:

A. Designate each portion of the Critical Area that is unsuitable for surface mining and prohibit surface mining in those locations, including:

(1) In accordance with the provisions of COMAR 27.01.09, a habitat protection area;

(2) An area where highly erodible soil exists; and

(3) An area that is within 100 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream, unless:

(a) A license, permit, or other approval to conduct a specific aspect of surface mining was issued before June 11, 1988; and

(b) If expansion of the scope or size of the surface mining activity has occurred since June 11, 1988, the expansion complies with State law and local program requirements;

B. Require the reclamation of a wash pond in accordance with State law and local program requirements;

C. Prohibit the location of a wash plant within the buffer in accordance with COMAR 27.01.09; and

D. If applicable, ensure that a lessee of the affected land obtains all licenses, permits, and other approvals in accordance with State law and local program requirements.

Cross References

27.02.05.08A

27.02.05.08-1A

27.02.05.08-1B

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.09 Buffer.

A. Applicability. The provisions of this regulation may not be construed to require a buffer or a vegetated filter strip for an agricultural drainage ditch, if the adjacent agricultural land has in place a soil conservation and water quality plan as required in Regulation .07 of this chapter.

B. Criteria. In planning or proposing development on State-owned lands, the agency proposing the development shall use all of the following criteria:

(1) In accordance with the requirements of COMAR 27.01.09.01E(3)—(7), the agency shall measure the buffer at least 100 feet;

(a) Landward from the mean high water line of tidal waters;

(b) From the landward boundary of a tidal wetland; and

(2) Development activities, including structures, roads, parking areas, and other lot coverage areas, mining and related facilities, and septic systems, are not authorized in the buffer, except for those necessarily associated with water-dependent facilities or activities as defined in Regulation .04 of this chapter;

(3) The buffer shall be maintained in natural vegetation, but may include planted vegetation where necessary to protect, stabilize, or enhance the shoreline;

(4) Agriculture is authorized in the buffer, if, as a minimum agricultural best management practice, a vegetated filter strip of at least 25 feet, measured landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream, whichever is farther inland, is established, and if:

(a) The filter strip is composed of trees, shrubs, grass, or mixed vegetation and is managed as to provide water quality benefits and habitat protection consistent with the policies stated in COMAR 27.01.09.01. Noxious weeds, including Johnson grass, Canada thistle, and other invasive plants, such as multiflora rose, which occur in the filter strip, may be controlled by authorized means;

(b) The filter strip is expanded by a distance of 4 feet for every 1 percent of slope, for slopes greater than 6 percent;

(c) The filter strip is maintained until the agency or agricultural operation is implementing, under a soil conservation and water quality plan, a program of agricultural best management practices for the specific purposes of improving water quality and protecting plant and wildlife habitat, and if the portion of the soil conservation and water quality plan being implemented achieves the water quality and habitat protection objectives of the vegetated filter strip;

(d) The feeding or watering of livestock occurs at least 50 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream, whichever is farther inland;

(e) Clearing of existing natural vegetation in the buffer is prohibited; and

(f) Agricultural activities, including the grazing of livestock, do not disturb stream banks, tidal shorelines, or other habitat protection areas covered, as applicable, in this regulation or in Regulations .10—.13 of this chapter;

(5) The buffer shall be managed to achieve or enhance the functions stated in COMAR 27.01.09.01C. A person may not cut or clear trees within the buffer, except that:

(a) Commercial harvesting of trees may be authorized if:

(i) The commercial harvesting is by selection cutting or by the clearcutting of loblolly pine or tulip poplar;

(ii) The cutting or clearing is at least 50 feet landward from the mean high water line of tidal waters, at least 50 feet from the landward boundary of a tidal wetland, and at least 50 feet from the edge of each bank of a tributary stream;

(iii) The cutting does not occur in the habitat protection areas described in Regulations .10—.13 of this chapter;

(iv) The cutting is conducted in conformance with the requirements of Regulation .06 of this chapter and in conformance with a buffer management plan prepared by a registered, professional forester and approved by the Department of Natural Resources;

(v) The buffer management plan is required for all commercial harvests within the buffer, regardless of the size of the area to be cut;

(vi) Disturbance to stream banks and shorelines is avoided;

(vii) The area disturbed or cut is replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife, and reestablishes the wildlife corridor function of the buffer; and

(viii) The cutting does not involve the creation of logging roads and skid trails within the buffer;

(b) Commercial harvesting of trees, by any method, may be authorized up to the edge of each bank of an intermittent stream if the cutting is conducted in conformance with the requirements of §B(5)(a)(iii) of this regulation;

(c) Cutting of trees or removal of natural vegetation may be authorized where necessary to provide access to private or government piers, or to install or construct a shoreline stabilization measure or a water-dependent facility or activity, if the pier, measure, facility, or activity has received all necessary State and federal permits;

(d) Individual trees may be removed which are in danger of falling and causing damage to dwellings or other structures, or which are in danger of falling and thereby causing the blockage of streams, or resulting in accelerated shore erosion;

(e) Horticultural practices may be used to maintain the health of individual trees; and

(f) Other cutting techniques may be undertaken within the buffer and under the advice and guidance of the State Department of Agriculture and the Department of Natural Resources, if necessary to preserve the forest from extensive pest or disease infestation or threat from fire;

(6) When agricultural use of lands within the area of the buffer ceases and the lands are proposed to be converted to other uses, the buffer shall be established. In establishing the buffer, management measures shall be undertaken to provide forest vegetation that assures the buffer functions as set forth in the policies stated in COMAR 27.01.09.01C;

(7) The agency shall expand the buffer beyond 100 feet to include contiguous, sensitive areas, such as steep slopes, hydric soils, or highly erodible soils, whose development or disturbance may impact streams, wetlands, or other aquatic environments. In the case of contiguous slopes of 15 percent or greater, the buffer shall be expanded 4 feet for every 1 percent of slope, or to the top of the slope, whichever is greater in extent; and

(8) The agency may request from the Commission a modification of the Critical Area buffer requirements if it can be sufficiently demonstrated that the existing pattern of development in the Critical Area prevents the buffer from fulfilling the functions stated in COMAR 27.01.09.01C. If a modification is requested, the agency shall propose other measures for achieving the water quality and habitat protection objectives of the policies.

Cross References

27.02.05.04-1A

27.02.05.04-3B(1)(b)

27.02.05.06B(3)

27.02.05.07A(1)

27.02.05.07B(2)

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.10 Nontidal Wetlands.

Cross References

27.02.05.07B(3)(c)

27.02.05.09B(4)(f)

27.02.05.09B(5)(a)(iii)

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.11 Threatened and Endangered Species and Species in Need of Conservation.

A. Repealed.

B. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use all of the following criteria:

(1) With the assistance of the Department of Natural Resources, identify any habitats of threatened or endangered species, or species in need of conservation that may be affected by the development;

(2) Utilizing the expertise of the Department of Natural Resources, develop programs to protect the habitats of threatened and endangered species and species in need of conservation as identified in §B(1) of this regulation; and

(3) Ensure that these programs consist of at least one of the following elements:

(a) Designation of a protection area around each of the habitats within which development and other disturbances are prohibited, unless it can be shown that the development or other disturbance will not have or cause adverse impacts on these habitats; and

(b) Protection of habitats of threatened and endangered species, and species in need of conservation, which may include special provisions in forest management and soil conservation plans, and any other management programs for the State-owned lands on which the habitats occur.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.12 Wildlife Habitat and Plant Habitat.

A. Repealed.

B. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use all of the following criteria:

(1) With the assistance of the Department of Natural Resources, identify the following wildlife and plant habitats that may be affected by the development:

(a) Nesting sites of colonial nesting water birds;

(b) Waterfowl staging and concentration areas in tidal waters, tributary streams, or tidal and nontidal wetlands;

(c) Existing riparian forests, such as relatively mature forests of at least 300 feet in width which occur adjacent to streams, wetlands, or the shoreline of the Chesapeake Bay, the Atlantic Coastal Bays, or their tributaries;

(d) Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species, such as relatively mature forested areas within the Critical Area of at least 100 acres or forest connected with these areas;

(e) Other areas which may in the future be identified by State and federal agencies as important wildlife or plant habitat; and

(f) Designated natural heritage areas.

(2) The agency shall develop protection measures for the wildlife and plant habitats identified under §B(1) of this regulation as follows:

(a) Establish buffer areas for colonial nesting water bird nesting sites so that these sites are protected from the adverse impacts of development activities and from disturbance during the breeding season;

(b) Provide that new water-dependent facilities or activities, as defined in Regulation .04 of this chapter, are so located as to prevent disturbance to sites of significance to wildlife such as historic aquatic staging and concentration areas for waterfowl;

(c) Provide protection measures including a buffer area, if appropriate, for other wildlife and plant habitat sites identified in §B(1)(e) of this regulation;

(d) Protect and conserve those forested areas required to support wildlife species, as identified in §B(1)(c) and (d) of this regulation, by developing management programs which have as their objective the conservation of wildlife that inhabit or use the areas. The programs shall assure that development activities or the clearing or cutting of trees which might occur in the areas is conducted so as to conserve riparian habitat and forest interior wildlife species and their habitat. Management measures may include incorporating appropriate wildlife protection elements into forest management plans and cluster development or other site design criteria which provide for the conservation of wildlife habitat;

(e) Require to the extent practical that when development activities or the cutting or clearing of trees occurs in forested areas, corridors of existing forest or woodland vegetation are maintained to provide effective connections between wildlife habitat areas; and

(f) Protect natural heritage areas from alteration due to development activities or cutting or clearing so that the structure and species composition of the areas are maintained.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.13 Anadromous Fish Propagation Waters.

A. Definitions. In this regulation, the following terms have the meanings indicated.

(2) “Stream” means anadromous fish propagation waters in the Critical Area that have been designated by the Department of Natural Resources.

B. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use the following criteria:

(1) The agency shall, with the assistance of the Department of Natural Resources, identify whether the development will occur in the watersheds of anadromous fish spawning streams;

(2) If the development will occur in those watersheds, all of the following measures shall be used:

(b) Channelization or other physical alterations which may change the course or circulation of a stream and thereby interfere with the movement of fish shall be prohibited; and

(c) The agency shall develop measures for avoiding adverse impacts of any activities occurring on those portions of any watershed within the Critical Area which drain into anadromous fish spawning streams. These measures shall address at least the following objectives:

(i) Minimize development activities or other land disturbances in the watershed;

(ii) Improve or, if improvement is not possible, maintain water quality in streams;

(iii) Minimize, to the extent possible, the discharge of sediments into streams; and

(iv) Increase or, if an increase is not possible, maintain the natural vegetation of the watershed; and

(3) State agencies shall use all of the following complementary State statutes and regulations:

(a) Environment Article, Title 5, Subtitle 5, Annotated Code of Maryland;

(c) The agency shall assure that the construction, repair, or maintenance activities associated with bridges, or other stream crossings or with utilities and roads, which involve disturbance within the buffer or which occur instream, as described in COMAR 26.17.04.11B(5), shall be prohibited between March 15 and June 15, inclusive; and

(d) Any other applicable State statute or regulation.

Cross References

27.02.05.07A(1)

27.02.05.07B(3)(c)

27.02.05.09B(4)(f)

27.02.05.09B(5)(a)(iii)

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.14 Natural Parks.

A. “Natural parks” means areas of natural habitat that provide opportunities for those recreational activities that are compatible with the maintenance of natural conditions.

B. Policy. It is the policy of the Commission to encourage the creation of opportunities for interaction between people and natural environments without destroying the fragile components of natural habitats.

C. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use all of the following criteria:

(1) The agency shall identify areas within the Critical Area where natural parks could be established, and consider conserving these features through acquisitions, easements, designation, or other appropriate means. Parks should not be chosen to preserve only natural curiosities, but they should be planned to include examples of coastal ecosystems that are found within the State, each with its geological and biological resources intact. Park boundaries should be based on biological necessity rather than administrative convenience.

(2) Any plans developed for the use of parks should recognize that all natural terrain has a finite capacity to tolerate human disturbances and, therefore, should give utmost attention to limiting the number of park visitors in any park at any one time or in the course of a season.

Cross References

27.02.05.02E(2)

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.15 Solar Energy Generating Systems.

A. Definitions.

(1) In this regulation and in Regulations .15-1 through .15-3 of this chapter, the following terms have the meanings indicated.

(2) Terms Defined.

(a) “Major solar energy generating system” has the meaning stated in COMAR 27.01.14.01.

(b) “Minor solar energy generating system” has the meaning stated in COMAR 27.01.14.01.

(d) “Planting plan” has the meaning stated in COMAR 27.01.14.01.

(e) “Project area” has the meaning stated in COMAR 27.01.14.01.

(f) “Solar energy generating system” has the meaning stated in COMAR 27.01.14.01.

B. Authority of the Public Service Commission; Applicability.

(1) The provisions of this regulation may not be construed to limit the authority of the Public Service Commission under Public Utilities Article, §7-207, Annotated Code of Maryland.

(2) The requirements of this regulation are applicable to major and minor solar energy generating systems.

C. General Provisions.

(1) A State agency may locate a solar energy generating system constructed or established in the Critical Area in accordance with Regulation .15-1 of this chapter.

(2) A State agency may locate a major solar energy generating system in the resource conservation area in accordance with Regulation .15-2 of this chapter.

(3) A State agency may locate a solar energy generating system in a modified buffer area if the project is located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland.

(4) Except for a regulated activity that is authorized by the Department of the Environment in accordance with COMAR 26.23.02, a State agency may not locate a solar energy generating system:

(a) In a habitat protection area designated under COMAR 27.01.09; or

(b) On a steep slope or a highly erodible soil.

Cross References

27.02.05.02A(1)

27.02.05.02D(2)

27.02.05.03-3E

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.15-1 General Criteria for a Solar Energy Generating System.

A. The provisions of this section are applicable to a solar energy generating system in an intensely developed area, a limited development area, and a resource conservation area.

B. The area of a solar panel shall not count as lot coverage and:

(1) For a minor solar energy generating system, the solar panel shall be:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or

(b) Elevated above the ground and the area under the solar panel shall be maintained as an area of existing grass, established grass, or other natural vegetation; and

(2) For a major solar energy generating system the solar panel shall be:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or

(b) Elevated above the ground and the area under the panel shall be maintained in accordance with the planting plan requirements of Regulation .15-3 of this chapter as:

(i) Pollinator habitat;

(ii) Native vegetation other than pollinator habitat; or

(iii) An agricultural use.

C. In accordance with COMAR 27.02.01.01, a State agency shall:

(1) Measure and delineate the buffer in accordance with COMAR 27.01.09.01E(3)—(7);

(2) Unless there is no feasible alternative, limit access through the buffer to the project area; and

(3) When there is no feasible alternative to access through the buffer, locate one point of access through the buffer to the project area, or where a solar energy generating system includes noncontiguous parcels, minimize the number of access points through the buffer and:

(a) Replant at a 2.5:1 ratio for disturbance inside the buffer; and

(b) Submit a buffer management plan in accordance with COMAR 27.01.09.01-3.

D. Except when a project area is in an intensely developed area, a State agency shall minimize the clearing of forest and developed woodlands and may not exceed the following standards:

(1) In a limited development area, limit clearing of forest and developed woodlands to 20 percent of the entirety of the forest and developed woodlands in the project area; and

(2) In a resource conservation area, limit clearing of forest and developed woodlands to 10 acres or 20 percent of the entirety of the forest and developed woodlands in the project area, whichever is less.

E. A State agency shall replace cleared forest and developed woodlands on an equal area basis.

F. For a major solar energy generating system, a State agency shall provide on-site or off-site planting in accordance with the following:

(1) 15 percent of the total project area in a limited development area; and

(2) 20 percent of the total project area in a resource conservation area.

G. A State agency shall submit a planting plan for mitigation and on-site or off-site planting in accordance with Regulation .15-3 of this chapter.

H. A State agency shall provide stormwater management in accordance with Environment Article, §§4-201—4-215, Annotated Code of Maryland, and COMAR 26.17.02.

I. A State agency shall provide a decommissioning plan if one is not otherwise required as a result of obtaining a Certificate of Public Convenience and Necessity from the Public Service Commission.

J. A State agency shall submit a site plan that includes the information listed on the Solar Energy Generating Facility Site Plan Checklist provided by the Commission to ensure compliance with the requirements of this regulation.

Cross References

27.02.05.15C(1)

27.02.05.15-2

27.02.05.15-3B

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.15-2 Criteria for a Major Solar Energy Generating System in the Resource Conservation Area.

In addition to the requirements of Regulation .15-1 of this chapter, a State agency may locate a solar energy generating system in the resource conservation area if a State agency:

A. Except for access allowed in accordance with Regulation .15-1C(2) of this chapter and in accordance with the provisions of Regulation .07 of this chapter, restricts forest clearing within 300 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream; and

B. Provides an assessment to demonstrate compliance with the climate resilient applications in Regulation .03B(9), C, and D of this chapter.

Cross References

27.02.05.15C(2)

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

COMAR 27.02.05.15-3 Planting Plan Requirements.

A. Based on the constraints and opportunities presented by a project area, a State agency shall select from the following options to address the planting plan requirements of Regulation .15-1E and F of this chapter:

(1) Plant on-site in one of the following planting areas:

(a) The area within 300 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream;

(b) Contiguous to or within a designated forest interior dwelling bird habitat; or

(2) If approved by the Commission:

(a) Plant off-site and the planting options are in accordance with §A(1) of this regulation;

(c) Create, restore, or enhance a nontidal wetland that results in habitat and water quality benefits if it is authorized by the Department of the Environment; or

(d) Propose alternative mitigation options for Commission review.

B. A State agency shall ensure that any general landscape screening requirements for construction of an energy generating system are not included as part of the mitigation or on-site or off-site planting required in Regulation .15-1 of this chapter.

C. A State agency shall require a planting plan for:

(1) The area under the solar panels; or

(2) Replanting required in Regulation .15-1D and F of this chapter.

D. A State agency shall ensure long-term maintenance of the plantings.

Cross References

27.02.05.15-1B(2)(b)

27.02.05.15-1G

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992
Administrative History: Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: 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
Administrative History: 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)
Administrative History: Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)
Administrative History: ——————
Administrative History: Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)
Administrative History: Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)
Administrative History: Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)
Administrative History: Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)
Administrative History: Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

27.02.06 Conditional Approval of State or Local Agency Programs in the Critical Area

COMAR 27.02.06.01 Criteria.

A. If development is proposed to be undertaken or caused in the Critical Area by State or local agency actions and this development is prohibited from occurring by the criteria in this subtitle, the agency proposing the development may seek conditional approval for the project or program from the Commission.

B. In order to qualify for consideration by the Commission for conditional approval, it shall be shown by the proposing or sponsoring agency that the project or program has all of the following characteristics:

(1) That there exist special features of a site or there are other special circumstances such that the literal enforcement of these regulations would prevent a project or program from being implemented;

(2) That the project or program otherwise provides substantial public benefits to the Chesapeake and Atlantic Coastal Bays Critical Area Program; and

(3) That the project or program is otherwise in conformance with this subtitle.

C. The conditional approval request shall, at a minimum, contain the following:

(1) A showing that the literal enforcement of the provisions of this subtitle would prevent the conduct of an authorized State or local agency program or project;

(2) A proposed process by which the program or project could be so conducted as to conform, insofar as possible, with the approved local Critical Area program or, if the development is to occur on State-owned lands, with the criteria set forth in COMAR 27.02.05; and

(3) Measures proposed to mitigate any adverse effects of the project or program on an approved local Critical Area program or, if on State-owned lands, on the criteria set forth in COMAR 27.02.05.

D. The Commission shall hold a public hearing on any request for conditional approval in accordance with the requirements of COMAR 27.02.07.02 and .03.

E. The Commission shall approve, deny, or request modifications to the request for conditional approval based on all of the following factors:

(1) The extent to which the project or program is in compliance with the requirements of the relevant chapters of this subtitle;

(2) The adequacy of any mitigation measures proposed to address the requirements of this subtitle that cannot be met by the project or program; and

(3) The extent to which the project or program, including any mitigation measures, provides substantial public benefits to the overall Chesapeake and Atlantic Coastal Bays Critical Area Program.

F. Appeal of the Commission's decision may be made according to the procedures set forth in COMAR 27.02.08..

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.06 recodified to COMAR 27.02.06 in August, 1992
Administrative History: Regulation .01B, E amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

27.02.07 Commission Review, Decision Process, and Time Frames

COMAR 27.02.07.01 Types of Development.

The Commission shall receive and review proposals for development by local and State agencies, including:

A. Consistency certifications as described in COMAR 27.02.02.02B;

B. Requests for general approval as described in COMAR 27.02.03.01B;

C. Proposals for major development as described in COMAR 27.02.04.02C;

D. Proposals for development on State-owned lands as described in COMAR 27.02.05; and

E. Requests for conditional approval as described in COMAR 27.02.06.

Cross References

27.02.07.02-1A

27.02.07.03A

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.07 recodified to COMAR 27.02.07 in August, 1992
Administrative History: ——————
Administrative History: COMAR 14.19.07 recodified to COMAR 27.02.07 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02 recodified to be Regulation .02-1 and new Regulation .02 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02-1 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

COMAR 27.02.07.02 Additional Critical Area Requirements for a Certificate of Public Convenience and Necessity.

In accordance with COMAR 20.79.01, an applicant for a Certificate of Public Convenience and Necessity shall include within its environmental review document or on a site plan all of the following information:

A. The Critical Area boundary and Critical Area classification of the project site;

B. The project area and limits of disturbance of the proposed project inside the Critical Area;

C. The acreage inside the Critical Area and a breakdown of acreages for each Critical Area designation when there is more than one Critical Area designation on a project site;

D. Field determination of the buffer in accordance with all provisions in COMAR 27.01.09.01;

E. The identification and location of habitat protection areas in COMAR 27.01.09.03—.05;

F. Field determination of forest within 300 feet beyond the landward boundary of tidal waters or a tidal wetland, or the edge of each bank of a tributary stream in accordance with COMAR 27.01.14.05B;

G. The identification and location of existing and proposed lot coverage as defined in Natural Resources Article, §8-1802, Annotated Code of Maryland, and consistent with COMAR 27.01.14.04B;

H. The identification and location of areas with steep slopes of 15 percent or greater;

I The identification and location of each existing or proposed mitigation area and the corresponding planting plan required to address the project's impact on forest, developed woodland, buffer, or other habitat protection area;

J. For a project on locally owned land or privately owned lands, calculations demonstrating compliance with the Critical Area stormwater pollutant reduction requirements of COMAR 27.01.02.03;

K. Information demonstrating compliance with notice requirements of COMAR 27.03.01.03;

L. For State agency projects on State-owned lands, information demonstrating compliance with COMAR 27.02.05.02A; and

M. When applicable, for a project located in a resource conservation area, information demonstrating compliance with COMAR 27.01.14.02-1.

Cross References

27.02.06.01D

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.07 recodified to COMAR 27.02.07 in August, 1992
Administrative History: ——————
Administrative History: COMAR 14.19.07 recodified to COMAR 27.02.07 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02 recodified to be Regulation .02-1 and new Regulation .02 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02-1 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

COMAR 27.02.07.02-1 Review Procedures.

A. For the purpose of reviewing the development proposals listed in Regulation .01 of this chapter, and in accordance with Regulation .03 of this chapter, the Commission may establish panels, or it may undertake reviews by the full Commission.

B. The Commission may seek public comment on proposals for development and may hold public hearings for this purpose, except that any proposed development that adversely affects the growth allocation of a local jurisdiction, as described in COMAR 27.01.02.06, shall require a public hearing.

C. If appropriate, public hearings shall be held in the local jurisdiction in which the proposed development would be located. If the development is located in, or would affect, more than one jurisdiction, the Chair shall decide in which of the jurisdictions the hearing will be held.

D. At a hearing, the Commission or its panel shall hear the comments of the public concerning the proposed development and may entertain a presentation by the sponsoring State or local agency. The Commission shall limit comment by the public to relevant matters within the scope and purview of the Commission and shall make and keep a full record of the proceedings.

E. For purposes of reviewing an application for a Certificate of Public Convenience and Necessity in the Critical Area, all of the following apply:

(1) In accordance with Public Utilities Article, 3-106, Annotated Code of Maryland, the Chair may request to become a party in a proceeding before the Public Service Commission and shall provide notice to the Critical Area Commission; and

(2) The Chair shall review an application in accordance with COMAR 27.02.04.02G.

F. The Chair may refer an application to the Commission for review, including for:

(1) A Certificate of Public Convenience and Necessity; and

(2) A State minor solar energy generating system in the Critical Area.

G. The Chair shall refer to the Commission an application for a State or local major solar energy generating system in the Critical Area in the resource conservation area.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.07 recodified to COMAR 27.02.07 in August, 1992
Administrative History: ——————
Administrative History: COMAR 14.19.07 recodified to COMAR 27.02.07 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02 recodified to be Regulation .02-1 and new Regulation .02 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02-1 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

COMAR 27.02.07.03 Panels.

A. The Chair may appoint a panel of the Commission to review any of the development proposals listed in Regulation .01 of this chapter and to make recommendations to the full Commission concerning approval, denial, or conditioning of the proposal. The panel shall consist of five Commission members to be appointed by the Chair.

B. A panel may conduct public hearings on a proposal for development in accordance with the provisions of Regulation .02B, C, and D of this chapter. The panel shall keep and provide to the full Commission a record of the proceedings.

C. The panel shall make its recommendations on the proposal known to the full Commission, which shall make the final determination by majority vote of approval, disapproval, or conditional approval within the time frames stated in Regulation .04 of this chapter.

D. The cabinet secretary, or that secretary's designee, of the State department or agency which is the sponsor of the proposed development, may not sit on the panel considering that agency's proposed development. If a local project is the subject of this regulation, the local elected or appointed official from the subject jurisdiction, who also sits as a Commission member, may not sit on the panel appointed to consider that proposed development.

Cross References

27.02.07.02-1A

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.07 recodified to COMAR 27.02.07 in August, 1992
Administrative History: ——————
Administrative History: COMAR 14.19.07 recodified to COMAR 27.02.07 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02 recodified to be Regulation .02-1 and new Regulation .02 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02-1 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

COMAR 27.02.07.04 Time Frame for Commission Review.

A. The Commission shall notify the agency proposing development of its decision to approve, deny, or approve with conditions the proposal in the time frames shown in §B of this regulation. If the Commission fails to provide this notice, the development may proceed as proposed without further Commission comment or approval.

B. The Commission shall give notice of its decision to the proposing agency within the number of days of receipt of the development proposal as specified below:

(1) A minor development proposal and the local certification as provided in COMAR 27.02.02.02B: 30 days;

(2) A determination that a minor development proposal is major development that requires Commission review under the provisions of COMAR 27.02.04: 15 days;

(3) A proposal for general approval as provided for in COMAR 27.02.03.01B: 60 days;

(4) A proposal for major development as provided for in COMAR 27.02.04: 60 days;

(5) A proposal for development on State-owned lands as provided for in COMAR 27.02.05: 30 days, except that when the development will result in adverse effects on any local jurisdiction's growth allocation, the Commission shall be afforded 90 days in which to notify the sponsoring agency of its decision; and

(6) A request for conditional approval as described in COMAR 27.02.06: 90 days.

C. Certain development projects of substantial complexity and potential adverse impact on the Critical Area may require additional time for review than is provided for in §B of this regulation. In these cases, the Commission shall notify the sponsoring agency within 15 days of receipt of the development proposal of the expected time frame needed to review the proposal. The additional time afforded to the Commission for review may not exceed 60 days beyond that provided in §B of this regulation, unless expressly agreed to by the proposing agency.

D. Certain development projects, in order to be undertaken, may require Commission review and approval within a time frame less than that provided in §B of this regulation. In these cases, the Chair may approve, deny, or condition the request for development and shall notify the full Commission and any affected local jurisdiction of this decision within 15 days.

Cross References

27.02.07.03C

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.07 recodified to COMAR 27.02.07 in August, 1992
Administrative History: ——————
Administrative History: COMAR 14.19.07 recodified to COMAR 27.02.07 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02 amended effective March 8, 2021 (48:5 Md. R. 218)
Administrative History: Regulation .02 recodified to be Regulation .02-1 and new Regulation .02 adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02-1 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .04 amended effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

27.02.08 Appeals

COMAR 27.02.08.01 State Agency Appeals of Local Denials of Certification.

In accordance with COMAR 27.02.02, for minor State development proposals which occur on private lands or lands owned by local jurisdictions, the sponsoring agency shall provide to the Commission the local jurisdiction's certification of consistency with the local Critical Area program. Local denial of the certification may be appealed to the Commission by the sponsoring State agency under the following provisions:

A. The State agency sponsor whose certification has been denied by the local jurisdiction may file an appeal of the denial with the Commission within 30 days of the receipt by that State agency of official notice of denial;

B. The Chair shall, within 15 days of receipt of a notice of State agency appeal, appoint a panel of five Commission members to hear and make recommendations to the full Commission concerning the appeal;

C. The panel shall meet within 30 days of its appointment, shall hear a presentation by the State agency which has been denied certification, and shall, within 30 days of its meeting or at the next scheduled Commission meeting, whichever is later, make its recommendations known to the full Commission;

D. In considering the matter of local certification, the panel and the Commission shall utilize as criteria the relevant portions of the approved local Critical Area program, and may not substitute their judgment for that of the local certifying authority. If, on the other hand, it appears that the local certifying authority has failed to apply its own program criteria in a rational and reasonable manner or has been arbitrary and capricious in the application of those criteria to the proposed development, the panel may recommend, and the Commission by majority vote may act, to certify the proposed development. The Commission's final decision shall be in writing; and

E. A State agency which is aggrieved by the final decision of the Commission is entitled to bring whatever appeal or civil action may be appropriate before the courts of this State.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.08 recodified to COMAR 27.02.08 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A amended effective March 8, 2021 (48:5 Md. R. 218); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

COMAR 27.02.08.02 Appeals from Commission Disapproval of Proposed Development.

A. In accordance with COMAR 27.02.03.02F, 27.02.04.02E, and 27.02.05.02G, a State or local agency whose proposal for development has been disapproved by the Commission may appeal the disapproval to the full Commission for reconsideration, within 30 days of receipt of the Commission's decision.

B. The Commission shall afford the agency another opportunity to be heard on the matter, before the full Commission, within 30 days of receipt of notice of appeal, and shall issue its final decision in writing within 15 days of the reconsideration. Affected local governments shall be notified of any requests for reconsideration or notices of appeal and shall be afforded an opportunity to comment on the requests or notices.

C. A State or local agency, or other party aggrieved by the final decision on reconsideration, may bring whatever appeal or civil action may be appropriate before the courts of this State.

History

Administrative History: Effective date: June 11, 1988 (15:7 Md. R. 852)
Administrative History: COMAR 14.19.08 recodified to COMAR 27.02.08 in August, 1992
Administrative History: ——————
Administrative History: Regulation .01 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02A amended effective March 8, 2021 (48:5 Md. R. 218); January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

27.03.01 Notification of Project Applications

COMAR 27.03.01.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Application.

(a) “Application” means initial forms, documents, plats or other materials, including buffer management plans, that are officially submitted to a local authority for:

(i) The approval of subdivision plats, consolidations, reconfigurations, site plans, grading permits, or rezoning, which may include consideration of an area within a floating zone; or

(ii) The issuance of zoning permits, special exceptions, or conditional use permits.

(b) “Application” includes substantial changes to the items in §B(1)(a)[,] of this regulation.

(2) “Buffer” has the meaning stated in COMAR 27.01.01.01.

(3) Repealed.

(4) “Chair” has the meaning stated in COMAR 27.01.01.01.

(5) “Commission” has the meaning stated in COMAR 27.01.01.01.

(6) “Critical Area” has the meaning stated in COMAR 27.01.01.01.

(7) “Development” has the meaning stated in COMAR 27.01.01.01.

(8) “Executive Director” means the Executive Director of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.

(9) Intensely Developed Area.

(a) “Intensely developed area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(b) “Intensely developed area” includes the provisions of COMAR 27.01.02.03.

(10) Limited Development Area.

(a) “Limited Development Area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(b) “Limited Development Area” includes the provisions of COMAR 27.01.02.04.

(10-1) “Local approving authority” means the department or unit of a local jurisdiction that implements the local Critical Area program.

(10-2) “Minor development” has the meaning stated in COMAR 27.02.01.01.

(11) “Redevelopment” has the meaning stated in COMAR 27.01.01.01.

(12) Resource Conservation Area.

(a) “Resource conservation area” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

(b) “Resource conservation area” includes the provisions in COMAR 27.01.02.05.

(12-1) Structure has the meaning stated in COMAR 27.01.01.01.

(13) Subdivision.

(a) “Subdivision” has the meaning stated in Land Use Article, §1-101, Annotated Code of Maryland.

(b) “Subdivision” includes the division of a parcel under Natural Resources Article, §8-1808.2, Annotated Code of Maryland, and the creation of a condominium regime under Real Property Article, Title 11, Annotated Code of Maryland.

(14) “Tributary stream” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.

History

Administrative History: Effective date: July 11, 1988 (15:14 Md. R. 1655)
Administrative History: COMAR 14.20.01 recodified to COMAR 27.03.01 in August, 1992
Administrative History: ——————
Administrative History: Chapter revised effective May 18, 2009 (36:10 Md. R. 719)
Administrative History: Regulation .01 amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01B amended effective August 10, 2009 (36:16 Md. R. 1251); October 29, 2012 (39:21 Md. R. 1380); September 2, 2013 (40:17 Md. R. 1421); September 6, 2021 (48:18 Md. R. 694); January 20, 2025 (52:1 Md. R 19)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .03A amended effective September 6, 2010 (37:18 Md. R. 1215); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective December 11, 2025 (52:24 Md. R. 1199);
Administrative History: Regulation .04 amended effective September 2, 2013 (40:17 Md. R. 1421); January 20, 2025 (52:1 Md. R. 19); December 11, 2025 (52:24 Md. R. 1199)
Administrative History: Regulation .04G adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05 repealed effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), and 8-1811, Annotated Code of Maryland

COMAR 27.03.01.02 Application Requirements.

A. The local approving authority shall electronically submit a local application and any required supporting material to the Executive Director for all categories set forth in Regulation .04 of this chapter.

B. The Chair or Executive Director may, at any time, request additional information from the local approving authority if it is necessary for accurate evaluation of the proposed action.

C. Once an application has been submitted to the Executive Director in accordance with the regulations of this chapter, the Chair, Executive Director, and staff may, after notifying and obtaining approval of the property owner, inspect the subject property.

D. After receipt of an application, the Commission shall send written notice of receipt to the local approving authority before the close of the fifth business day. A failure of the Commission to send a timely notice shall render §E of this regulation inapplicable as to that application.

E. The local approving authority may not process an application which has been submitted to the Commission for notification until it has received notice of receipt from the Commission. Any action of the local approving authority in violation of this section shall be void.

History

Administrative History: Effective date: July 11, 1988 (15:14 Md. R. 1655)
Administrative History: COMAR 14.20.01 recodified to COMAR 27.03.01 in August, 1992
Administrative History: ——————
Administrative History: Chapter revised effective May 18, 2009 (36:10 Md. R. 719)
Administrative History: Regulation .01 amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01B amended effective August 10, 2009 (36:16 Md. R. 1251); October 29, 2012 (39:21 Md. R. 1380); September 2, 2013 (40:17 Md. R. 1421); September 6, 2021 (48:18 Md. R. 694); January 20, 2025 (52:1 Md. R 19)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .03A amended effective September 6, 2010 (37:18 Md. R. 1215); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective December 11, 2025 (52:24 Md. R. 1199);
Administrative History: Regulation .04 amended effective September 2, 2013 (40:17 Md. R. 1421); January 20, 2025 (52:1 Md. R. 19); December 11, 2025 (52:24 Md. R. 1199)
Administrative History: Regulation .04G adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05 repealed effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), and 8-1811, Annotated Code of Maryland

COMAR 27.03.01.03 Notice Requirements for State Agency and Local Agency Development.

A. The requirements of this regulation do not apply to development that a State agency or local agency proposes in the Critical Area if:

(1) As provided under COMAR 27.02.02, the development is:

(a) A State agency action that results in minor development on private lands or lands owned by a local jurisdiction; or

(b) A local agency action that results in minor development on private lands or lands owned by a local jurisdiction;

(2) The development is included in a general approval, as provided under COMAR 27.02.03; or

(3) All of the following apply:

(a) The development is proposed on State lands;

(b) The State agency is otherwise required by operation of law to provide public notice and public comment for that type of development; and

B. Public Notice.

(1) Except as provided under §A of this regulation, a State agency or local agency that proposes development in the Critical Area shall, as part of its formal project submittal to the Commission, provide evidence that:

(a) Public notice was published:

(i) At least 30 days prior to the date of the project committee meeting at which the project will be presented for a vote; and

(ii) For one business day in a newspaper of general circulation in the geographic area in which the proposed development would occur;

(b) Publication included:

(i) The identity of the sponsoring State agency or local agency;

(ii) A description of the proposed development;

(iii) The street address of the affected land and a statement that its location is in the Critical Area; and

(iv) The name and contact information of the person within the sponsoring State agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment;

(c) At least 30 days were provided for public comment in the local jurisdiction in which the proposed development would occur; and

(d) The affected land was posted in accordance with §D of this regulation.

(2) In addition to the public notice required under §B(1)(a) and (b) of this regulation, a State agency or local agency may provide for public notice:

(a) By electronic posting on its website or the website of a newspaper of general circulation in the local jurisdiction in which the proposed development would occur; or

(b) To a neighborhood association or residents of a particular geographic area.

C. Evidence of public notice and opportunity for public comment required under §B(1)(a) and (c) of this regulation shall include at least the following documentation:

(1) The name of the newspaper and the date on which the notice was published;

(2) A copy of the public notice as it was published in the newspaper; and

(3) A copy of each written comment received in response to the public notice.

D. The sponsoring State agency or local agency shall ensure that the posting required under §B(1)(d) of this regulation meets the following requirements:

(1) The sign is at least 30 inches by 40 inches in size;

(2) The sign clearly:

(a) Identifies the sponsoring State agency or local agency;

(b) Describes the proposed development;

(d) States the name and contact information of the person within the sponsoring State agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment;

(3) On a date not later than the date on which the notice is published in the newspaper, the sign is posted in a conspicuous location on the affected land and remains there until after the Commission has voted on the development; and

(4) For development that extends more than 1,000 linear feet in road frontage, at least one sign is posted at each end of the affected land on which the development is proposed.

Cross References

27.02.07.02K

27.03.01.05A

History

Administrative History: Effective date: July 11, 1988 (15:14 Md. R. 1655)
Administrative History: COMAR 14.20.01 recodified to COMAR 27.03.01 in August, 1992
Administrative History: ——————
Administrative History: Chapter revised effective May 18, 2009 (36:10 Md. R. 719)
Administrative History: Regulation .01 amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01B amended effective August 10, 2009 (36:16 Md. R. 1251); October 29, 2012 (39:21 Md. R. 1380); September 2, 2013 (40:17 Md. R. 1421); September 6, 2021 (48:18 Md. R. 694); January 20, 2025 (52:1 Md. R 19)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .03A amended effective September 6, 2010 (37:18 Md. R. 1215); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective December 11, 2025 (52:24 Md. R. 1199);
Administrative History: Regulation .04 amended effective September 2, 2013 (40:17 Md. R. 1421); January 20, 2025 (52:1 Md. R. 19); December 11, 2025 (52:24 Md. R. 1199)
Administrative History: Regulation .04G adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05 repealed effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), and 8-1811, Annotated Code of Maryland

COMAR 27.03.01.04 Categories of Applications to be Submitted to the Executive Director.

A. A local jurisdiction shall electronically submit to the Executive Director each application for:

(1) A variance from the local Critical Area program;

(2) In the resource conservation area:

(a) A site plan;

(b) A subdivision;

(d) A special exception;

(e) A conditional use; and

(f) A zoning map amendment or a rezoning.

(3) In an intensely developed area or a limited development area, a subdivision or a lot consolidation or reconfiguration:

(a) That proposes impacts to any habitat protection area, including the buffer; or

(b) On a site that has received growth allocation; and

(4) In accordance with COMAR 27.01.14 and COMAR 27.02.07, a major or minor solar energy generating system that would be located wholly or partially in a limited development area or a resource conservation area..

B. The local approving authority shall electronically submit to the Executive Director final approvals for:

(1) A major solar energy generating system; and

(2) In accordance with COMAR 27.01.04.03 and 27.01.09.01-3, for each category of application under §A(1)—(3) of this regulation;

(3) Upon request by the Executive Director, a major buffer management plan; and

(4) As applicable, each completed Commission form entitled “Shoreline Stabilization Measure Buffer Management Plan.”.

Cross References

27.03.01.02A

History

Administrative History: Effective date: July 11, 1988 (15:14 Md. R. 1655)
Administrative History: COMAR 14.20.01 recodified to COMAR 27.03.01 in August, 1992
Administrative History: ——————
Administrative History: Chapter revised effective May 18, 2009 (36:10 Md. R. 719)
Administrative History: Regulation .01 amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01B amended effective August 10, 2009 (36:16 Md. R. 1251); October 29, 2012 (39:21 Md. R. 1380); September 2, 2013 (40:17 Md. R. 1421); September 6, 2021 (48:18 Md. R. 694); January 20, 2025 (52:1 Md. R 19)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .03A amended effective September 6, 2010 (37:18 Md. R. 1215); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective December 11, 2025 (52:24 Md. R. 1199);
Administrative History: Regulation .04 amended effective September 2, 2013 (40:17 Md. R. 1421); January 20, 2025 (52:1 Md. R. 19); December 11, 2025 (52:24 Md. R. 1199)
Administrative History: Regulation .04G adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05 repealed effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), and 8-1811, Annotated Code of Maryland

COMAR 27.03.01.05 Requirements for Semi-Annual Information on Developments and Subdivisions Within a Critical Area.

A. The local jurisdiction shall submit to the Executive Director on a semi-annual basis (by January 1st, and by June 30th), a summary of all applications which have been approved for developments or subdivisions within the critical area (including those developments and subdivisions which were exempted by Regulation .03A(2) of this chapter).

B. The summary in §A shall include at least the following information for each:

(1) Development on an existing parcel:

(a) Name and address of property owner;

(b) Tax map, block and parcel data of development property;

(d) Total acreage of property;

(e) Total acreage of land disturbed on developed property;

(f) Type of development proposed which may include, but is not limited to, residential, business, industrial, redevelopment, or mixed.

(2) Subdivision for development purposes where buildable lots are created:

(a) Name and address of property owner;

(b) Name and address of developer;

(d) Designation of property before subdivision (IDA, LDA, RCA);

(e) Total acreage of property before subdivision;

(f) Total number of lots created;

(g) Total number of building lots created;

(h) Total number of dwelling units to be developed;

(i) Range of lot sizes (acres);

(j) Average size of building lots (acres);

(k) Linear waterfrontage, in feet, of property before subdivision;

(l) Type of development proposed which may include, but is not limited to, residential, business, industrial, or mixed;

(m) Total number of acres disturbed or to be disturbed as a result of development.

(3) Subdivision for nondevelopment purposes where building lots are not created:

(a) Name and address of property owner;

(b) Tax map, block and parcel data of property before subdivision;

(d) Designation of subject property (IDA, LDA, RCA);

(e) Total acreage of property before subdivision;

(f) Total number of lots created as a result of subdivision;

(g) Range of lot sizes;

C. The local jurisdiction shall summarize all approved applications which affect its growth allocation. Information shall be given on the amount of growth used and the amount of growth allocation remaining for the local jurisdiction.

History

Administrative History: Effective date: July 11, 1988 (15:14 Md. R. 1655)
Administrative History: COMAR 14.20.01 recodified to COMAR 27.03.01 in August, 1992
Administrative History: ——————
Administrative History: Chapter revised effective May 18, 2009 (36:10 Md. R. 719)
Administrative History: Regulation .01 amended effective February 7, 2022 (49:3 Md. R. 139)
Administrative History: Regulation .01B amended effective August 10, 2009 (36:16 Md. R. 1251); October 29, 2012 (39:21 Md. R. 1380); September 2, 2013 (40:17 Md. R. 1421); September 6, 2021 (48:18 Md. R. 694); January 20, 2025 (52:1 Md. R 19)
Administrative History: Regulation .02 amended effective January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .02E amended effective March 12, 2018 (45:5 Md. R. 289)
Administrative History: Regulation .03A amended effective September 6, 2010 (37:18 Md. R. 1215); January 20, 2025 (52:1 Md. R. 19)
Administrative History: Regulation .03B amended effective December 11, 2025 (52:24 Md. R. 1199);
Administrative History: Regulation .04 amended effective September 2, 2013 (40:17 Md. R. 1421); January 20, 2025 (52:1 Md. R. 19); December 11, 2025 (52:24 Md. R. 1199)
Administrative History: Regulation .04G adopted effective September 6, 2021 (48:18 Md. R. 694)
Administrative History: Regulation .05 repealed effective January 20, 2025 (52:1 Md. R. 19)
Authority: Natural Resources Article, §§8-1806, 8-1808(c), and 8-1811, Annotated Code of Maryland