SENATE BILL 247 
 
Unofficial Copy  		2002 Regular Session 
M1 		(2lr0185) 
ENROLLED BILL 
-- Education, Health, and Environmental Affairs/Environmental Matters -- 

Introduced by The President (Administration)

Read and Examined by Proofreaders: 

_____________________________________________ 
Proofreader. 

_____________________________________________ 
Proofreader.
Sealed  with  the  Great  Seal  and  presented  to  the  Governor,  for  his  approval  this 
_____ day of ____________ at ____________________ o'clock, _____M. 

_____________________________________________ 
President. 

CHAPTER_______ 
 
   1  AN ACT concerning

   2  				Atlantic Coastal Bays Protection Act

   3  FOR the purpose of preserving, protecting, and improving the water quality and
   4  	natural habitats of the Atlantic Coastal Bays and certain tributaries and
   5  	streams by designating certain lands and waters as critical areas that require
   6  	especially sensitive consideration with regard to development; making certain
   7  	legislative findings; renaming the Chesapeake Bay Critical Area Commission to
   8  	be the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;
   9  	defining certain terms; adding members representing the Atlantic Coastal Bays
  10  	watershed to altering the membership of the Critical Area Commission for the
  11  	Chesapeake and Atlantic Coastal Bays; authorizing the Commission to establish
  12  	a certain Advisory Committee; designating certain areas of lands and waters to
  13  	be included in the Atlantic Coastal Bays Critical Area, subject to exclusion of
  14  	certain types of land after certain findings are made; requiring that every part
  15  	of the Atlantic Coastal Bays Critical Area be subject to an approved Critical Area
  16  	Protection Program by a certain date; requiring the Governor of Maryland to
  17  	include a certain amount of funds in the budget for certain purposes; requiring 

2						SENATE BILL 247 

   1  	certain local programs to classify certain areas as intensely developed areas; of
   2  	this Act; requiring each local jurisdiction under this Act to submit certain
   3  	information to the Commission on or before a certain date providing for the
   4  	calculation and utilization of certain growth allocations by certain local
   5  	jurisdictions under certain circumstances; requiring local jurisdictions in the
   6  	Atlantic Coastal Bay's Bays Critical Area to include certain elements a certain
   7  	element in their local program; authorizing local jurisdictions in the Atlantic
   8  	Coastal Bays Critical Area to include certain elements in their local program;
   9  	requiring the Department of Natural Resources to provide certain assistance to
  10  	local jurisdictions in the preparation of certain maps or studies; clarifying that
  11  	agricultural activities are allowed in certain areas in accordance with certain
  12  	requirements under a certain circumstance; establishing certain requirements
  13  	for the Commission and for a local jurisdiction located in the Atlantic Coastal
  14  	Bays watershed but not in the Atlantic Coastal Bays Critical Area relating to
  15  	minimum stream buffers; requiring a certain local jurisdiction to submit certain
  16  	information to the Commission on or before a certain date; establishing certain
  17  	requirements for a local jurisdiction in the Atlantic Coastal Bays Critical Area
  18  	relating to the development of a local critical area program; requiring certain
  19  	local jurisdictions to submit to the Commission on or before a certain date
  20  	certain information relating to the jurisdiction's intent to establish a local
  21  	critical area program; requiring certain public hearings during program
  22  	development by a local jurisdiction and during program development or
  23  	approval by the Commission; requiring that a local jurisdiction review its
  24  	program within a certain time period and providing that within that certain
  25  	time period, certain changes may only be made under certain circumstances;
  26  	requiring programs in the Atlantic Coastal Bays Critical Area to be approved or
  27  	adopted by the Commission and in effect on or before a certain date; providing
  28  	that the authority, powers, and responsibilities of the chairman of the
  29  	Commission apply to the Atlantic Coastal Bays Critical Area; requiring certain
  30  	local authorities to make certain findings relative relating to certain
  31  	applications for certain land use approvals on or after a certain date and prior to
  32  	an approved program becoming effective; requiring certain local jurisdictions to
  33  	permit certain uses of land in the Atlantic Coastal Bay Critical Area under
  34  	certain circumstances; authorizing the development of a planned unit
  35  	development under certain circumstances; authorizing a local jurisdiction to
  36  	include in its local program, subject to approval by the Commission, an
  37  	alternative buffer provision for a planned unit development under certain
  38  	circumstances; prohibiting certain extensions of improvements improvements
  39  	from extending more than a certain distance over certain wetlands under
  40  	certain circumstances; authorizing a person to extend improvements more than
  41  	a certain distance over certain wetlands in accordance with a plan submitted by
  42  	a local jurisdiction and approved by the Department of the Environment and the
  43  	Commission; establishing certain requirements for the plan; requiring a certain
  44  	local jurisdiction to include certain provisions regarding land use in the critical
  45  	area and certain tributaries of the Atlantic Coastal Bays; providing for the
  46  	construction of this Act; providing for the termination of certain provisions of this
  47  	Act; altering a certain definition certain definitions; prohibiting certain
  48  	applications of this Act; providing for a certain calculation of a certain growth 

3						SENATE BILL 247 

   1  	allocation in a certain area; providing for certain development conditions for
   2  	certain planned unit developments under a certain circumstance; and generally
   3  	relating to establishment and enforcement of a comprehensive State and local
   4  	resource management program for certain land areas critical to the quality and
   5  	productivity of the tidal waters of the Atlantic Coastal Bays and its tributaries.

   6  BY repealing and reenacting, with amendments,
   7  	Article - Natural Resources
   8  	Section 8-1801, 8-1802, 8-1803, 8-1804, 8-1806, 8-1807, 8-1808, 8-1808.1,
   9  		8-1808.2, 8-1808.3, 8-1809, 8-1810, 8-1811(a), 8-1812(a), 8-1813,
  10  		8-1815.1, and 8-1817
  11  	Annotated Code of Maryland
  12  	(2000 Replacement Volume and 2001 Supplement)

  13  BY adding to
  14  	Article - Natural Resources
  15  	Section 8-1808.8, 8-1808.9, and 8-1813.1
  16  	Annotated Code of Maryland
  17  	(2000 Replacement Volume and 2001 Supplement)

  18  BY repealing and reenacting, with amendments,
  19  	Article - Environment
  20  	Section 16-201 and 16-304
  21  	Annotated Code of Maryland
  22  	(1996 Replacement Volume and 2001 Supplement)

  23  	SECTION 1.  BE IT ENACTED BY THE GENERAL ASSEMBLY OF
  24  MARYLAND, That the Laws of Maryland read as follows:

  25  					Article - Natural Resources

  26  8-1801. 

  27  	(a)	The General Assembly finds and declares that:

  28  		(1)	The Chesapeake [Bay and its] AND THE ATLANTIC COASTAL BAYS
  29  AND THEIR tributaries are natural resources of great significance to the State and the
  30  nation;

  31  		(2)	The shoreline and adjacent lands constitute a valuable, fragile, and
  32  sensitive part of this estuarine system, where human activity can have a particularly
  33  immediate and adverse impact on water quality and natural habitats;

  34  		(3)	The capacity of these shoreline and adjacent lands to withstand
  35  continuing demands without further degradation to water quality and natural
  36  habitats is limited;

4						SENATE BILL 247 

   1  		(4)	National studies have documented that the quality and productivity
   2  of the waters of the Chesapeake Bay and its tributaries have declined due to the
   3  cumulative effects of human activity that have caused increased levels of pollutants,
   4  nutrients, and toxics in the Bay System and declines in more protective land uses
   5  such as forestland and agricultural land in the Bay region;

   6  		(5)	Those portions of the Chesapeake [Bay and its] AND THE ATLANTIC
   7  COASTAL BAYS AND THEIR tributaries within Maryland are particularly stressed by
   8  the continuing population growth and development activity concentrated in the
   9  Baltimore-Washington metropolitan corridor AND ALONG THE ATLANTIC COAST;

  10  		(6)	The quality of life for the citizens of Maryland is enhanced through
  11  the restoration of the quality and productivity of the waters of the Chesapeake [Bay
  12  and its] AND THE ATLANTIC COASTAL BAYS, AND THEIR tributaries;

  13  		(7)	The restoration of the Chesapeake [Bay and its] AND THE ATLANTIC
  14  COASTAL BAYS AND THEIR tributaries is dependent, in part, on minimizing further
  15  adverse impacts to the water quality and natural habitats of the shoreline and
  16  adjacent lands;

  17  		(8)	The cumulative impact of current development is inimical to these
  18  purposes; and

  19  		(9)	There is a critical and substantial State interest for the benefit of
  20  current and future generations in fostering more sensitive development activity in a
  21  consistent and uniform manner along shoreline areas of the Chesapeake [Bay and
  22  its] AND THE ATLANTIC COASTAL BAYS AND THEIR tributaries so as to minimize
  23  damage to water quality and natural habitats.

  24  	(b)	It is the purpose of the General Assembly in enacting this subtitle:

  25  		(1)	To establish a Resource Protection Program for the Chesapeake [Bay
  26  and its] AND THE ATLANTIC COASTAL BAYS AND THEIR tributaries by fostering more
  27  sensitive development activity for certain shoreline areas so as to minimize damage to
  28  water quality and natural habitats; and

  29  		(2)	To implement the Resource Protection Program on a cooperative
  30  basis between the State and affected local governments, with local governments
  31  establishing and implementing their programs in a consistent and uniform manner
  32  subject to State criteria and oversight.

  33  8-1802. 

  34  	(a)	(1)	In this subtitle the following words have the meanings indicated.

  35  		(2)	"ATLANTIC COASTAL BAYS" MEANS THE ASSAWOMAN, ISLE OF
  36  WIGHT, SINEPUXENT, NEWPORT, AND CHINCOTEAGUE BAYS.

  37  		(3)	"ATLANTIC COASTAL BAYS CRITICAL AREA" MEANS THE INITIAL
  38  PLANNING AREA IDENTIFIED UNDER § 8-1807 OF THIS SUBTITLE.

5						SENATE BILL 247 

   1  		(4)	"CHESAPEAKE BAY CRITICAL AREA" MEANS THE INITIAL PLANNING
   2  AREA IDENTIFIED UNDER § 8-1807 OF THIS SUBTITLE.

   3  		[(2)]	(5)	"Commission" means the [Chesapeake Bay] Critical Area
   4  Commission FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS established in this
   5  subtitle.

   6  		(6)	"CRITICAL AREA" MEANS THE CHESAPEAKE BAY CRITICAL AREA AND
   7  THE ATLANTIC COASTAL BAYS CRITICAL AREA.

   8  		[(3)]	(7)	"Development" means any activity that materially affects the
   9  condition or use of dry land, land under water, or any structure.

  10  		[(4)]	(8)	"Growth allocation" means the number of acres of land in the
  11  Chesapeake Bay Critical Area OR ATLANTIC COASTAL BAYS CRITICAL AREA that a
  12  local jurisdiction may use to create new intensely developed areas and new limited
  13  development areas.

  14  		[(5)]	(9)	"Includes" means includes or including by way of illustration
  15  and not by way of limitation.

  16  		[(6)]	(10)	"Land classification" means the designation of land in the
  17  Chesapeake Bay Critical Area OR ATLANTIC COASTAL BAYS CRITICAL AREA in
  18  accordance with the criteria adopted by the Commission as an intensely developed
  19  area or district, a limited development area or district, or a resource conservation
  20  area or district.

  21  		[(7)]	(11)	"Local jurisdiction" means a county, or a municipal corporation
  22  with planning and zoning powers, in which any part of the Chesapeake Bay Critical
  23  Area OR THE ATLANTIC COASTAL BAYS CRITICAL AREA, as defined in this subtitle, is
  24  located.

  25  		[(8)]	(12)	(i)	"Program" means the Critical Area Protection Program of
  26  a local jurisdiction.

  27  			(ii)	"Program" includes any amendments to the program.

  28  		[(9)]	(13)	(i)	"Program amendment" means any change to an adopted
  29  program that the Commission determines will result in a use of land or water in the
  30  Chesapeake Bay Critical Area OR THE ATLANTIC COASTAL BAYS CRITICAL AREA in a
  31  manner not provided for in the adopted program.

  32  			(ii)	"Program amendment" includes a change to a zoning map that
  33  is not consistent with the method for using the growth allocation contained in an
  34  adopted program.

  35  		[(10)]	 (14)	(i)	"Program refinement" means any change to an adopted
  36  program that the Commission determines will result in a use of land or water in the
  37  Chesapeake Bay Critical Area OR THE ATLANTIC COASTAL BAYS CRITICAL AREA in a
  38  manner consistent with the adopted program.

6						SENATE BILL 247 

   1  			(ii)	"Program refinement" includes:

   2  				1.	A change to a zoning map that is consistent with the
   3  development area designation of an adopted program; and

   4  				2.	The use of the growth allocation in accordance with an
   5  adopted program.

   6  		[(11)]	 (15)	(i)	"Project approval" means the approval of development,
   7  other than development by a State or local government agency, in the Chesapeake
   8  Bay Critical Area OR THE ATLANTIC COASTAL BAYS CRITICAL AREA by the
   9  appropriate local approval authority.

  10  			(ii)	"Project approval" includes:

  11  				1.	Approval of subdivision plats and site plans;

  12  				2.	Inclusion of areas within floating zones;

  13  				3.	Issuance of variances, special exceptions, and conditional
  14  use permits; and

  15  				4.	Approval of rezoning.

  16  			(iii)	"Project approval" does not include building permits.

  17  	(b)	Wherever this subtitle requires Prince George's County to exercise any
  18  power or authority Prince George's County shares with the Maryland-National
  19  Capital Park and Planning Commission, the obligation imposed by this subtitle rests
  20  on both the county and the Maryland-National Capital Park and Planning
  21  Commission in accordance with their respective powers and authorities.

  22  8-1803. 

  23  	(a)	There is a [Chesapeake Bay] Critical Area Commission FOR THE
  24  CHESAPEAKE AND ATLANTIC COASTAL BAYS in the Department.

  25  	(b)	The Secretary has no authority under Title 1 of this article:

  26  		(1)	To approve, alter, or amend the policies or programs of the
  27  Commission;

  28  		(2)	To transfer, assign, or reassign statutory functions or activities to or
  29  from the Commission; or

  30  		(3)	To adopt, approve, or revise regulations of the Commission.

  31  8-1804. 

  32  	(a)	(1)	The Commission consists of [27] 29 voting members who are
  33  appointed by the Governor, as follows:

7						SENATE BILL 247 

   1  		(1)	(I)	A full-time chairman, appointed with the advice and consent of
   2  the Senate, who shall serve at the pleasure of the Governor;

   3  		(2)	(II)	[11] 13 individuals, appointed with the advice and consent of
   4  the Senate, each of whom is a resident and an elected or appointed official of a local
   5  jurisdiction. At least 1 of these [11]13 individuals must be an elected or appointed
   6  official of a municipality. These individuals shall serve on the Commission only while
   7  they hold local office. Each shall be selected from certain counties or from
   8  municipalities within the counties as follows, and only after the Governor has
   9  consulted with elected county and municipal officials:

  10  			(i)	1.	1 from each of Baltimore City and Anne Arundel,
  11  Baltimore, and Prince George's counties;

  12  			(ii)	2.	1 from Harford County or Cecil County;

  13  			(iii)	3.	1 from Kent County or Queen Anne's County;

  14  			(iv)	4.	1 from Caroline County [or Worcester County];

  15  			(v)	5.	1 from Talbot County or Dorchester County;

  16  			(vi)	6.	1 from Wicomico County or Somerset County; [and]

  17  			(vii)	7.	2 from Calvert County, Charles County, or St. Mary's
  18  County, both of whom may not be from the same county; AND

  19  			(VIII)	8.	2 FROM WORCESTER COUNTY, 1 OF WHOM SHALL BE A
  20  RESIDENT OF THE CHESAPEAKE BAY WATERSHED AND THE OTHER OF WHOM SHALL
  21  BE A RESIDENT OF THE ATLANTIC COASTAL BAYS WATERSHED;

  22  		(3)	(III)	8 individuals, appointed with the advice and consent of the
  23  Senate, who shall represent diverse interests, and among whom shall be a resident
  24  from each of the [6] 5 counties that are listed and from which an appointment has
  25  not been made under paragraph (2) of this subsection and [2] 3 of the 8 members
  26  appointed under this item shall be at large members, 1 OF WHOM SHALL BE A
  27  PRIVATE CITIZEN AND RESIDENT OF THE ATLANTIC COASTAL BAYS WATERSHED; and

  28  		(4)	(IV)	The Secretaries of Agriculture, Business and Economic
  29  Development, Housing and Community Development, the Environment,
  30  Transportation, [and] Natural Resources, and [the Director of] Planning, ex officio,
  31  or the designee of the Secretaries [or the Director].

  32  		(2)	OF THE 2 WORCESTER COUNTY MEMBERS FROM THE ATLANTIC
  33  COASTAL BAYS WATERSHED, ONLY 1 MAY BE A RESIDENT 1 SHALL BE THE CHIEF
  34  ELECTED OFFICIAL OR THE OFFICIAL'S DESIGNEE OF A MUNICIPAL CORPORATION
  35  LOCATED WITHIN THE COASTAL BAYS WATERSHED MAYOR OF OCEAN CITY.

  36  	(b)	A member of the Commission who does not hold another office of profit at
  37  the State or local level shall be entitled to compensation as provided in the budget. 

8						SENATE BILL 247 

   1  Members of the Commission shall be entitled to reimbursement for expenses as
   2  provided in the budget.

   3  	(c)	Except for the chairman and ex officio State officers or their
   4  representatives:

   5  		(1)	The term of a member is 4 years;

   6  		(2)	The terms of members are staggered as required by the terms
   7  provided for members of the Commission on July 1, 1984;

   8  		(3)	At the end of a term, a member continues to serve until a successor is
   9  appointed and qualifies;

  10  		(4)	A member who is appointed after a term is begun serves for the rest
  11  of the term and until a successor is appointed and qualifies;

  12  		(5)	A member may serve no more than 2 terms; and

  13  		(6)	Any member of the Commission appointed by the Governor who shall
  14  fail to attend at least 60% of the meetings of the Commission during any period of 12
  15  consecutive months shall be considered to have resigned, and the chairman shall
  16  forward the member's name to the Governor, not later than January 15 of the year
  17  following the nonattendance with the statement of the nonattendance, and the
  18  Governor shall appoint a successor for the remainder of the term. If the member has
  19  been unable to attend meetings as required by this subtitle for reasons satisfactory to
  20  the Governor, the Governor may waive the resignation if the reasons are made public.

  21  	(d)	If a vacancy arises other than by the expiration of a term, the Governor
  22  shall appoint within 30 days, with the advice and consent of the Senate, a successor of
  23  like qualification to serve the remainder of the term.

  24  	(e)	(1)	A quorum of the Commission consists of 1 member more than a
  25  majority of the full authorized membership of the Commission.

  26  		(2)	A quorum of a panel of the Commission consists of 3 members.

  27  		(3)	The Commission or a panel of the Commission may not hold a public
  28  hearing unless a quorum is present.

  29  		(4)	The Commission or a panel of the Commission may not take any
  30  official action unless:

  31  			(i)	A quorum is present; and

  32  			(ii)	A majority of the members who are present and eligible to vote
  33  concur in or vote for the action.

9						SENATE BILL 247 

   1  8-1806. 

   2  	(A)	The Commission has all powers necessary for carrying out the purposes of
   3  this subtitle, including the following:

   4  		(1)	To adopt regulations and criteria in accordance with Title 2, Subtitle
   5  5 (Joint Committee on Administrative, Executive and Legislative Review) and Title
   6  10, Subtitle 1 (Administrative Procedure Act) of the State Government Article;

   7  		(2)	To conduct hearings in connection with policies, proposed programs,
   8  and proposed regulations or amendments to regulations; [and]

   9  		(3)	To contract for consultant or other services; AND

  10  		(4)	TO ESTABLISH AN ADVISORY COMMITTEE, COMPOSED OF MEMBERS
  11  OF THE COMMISSION AND LOCAL CITIZENS AND LOCAL STAKEHOLDER GROUPS, TO
  12  MAKE RECOMMENDATIONS TO THE COMMISSION WITH RESPECT TO ATLANTIC
  13  COASTAL BAYS CRITICAL AREA PROGRAMS.

  14  	(B)	THE MEMBERS OF THE COMMISSION WHO RESIDE IN THE ATLANTIC
  15  COASTAL BAYS WATERSHED SHALL SERVE ON ANY COMMITTEE ESTABLISHED
  16  UNDER SUBSECTION (A)(4) OF THIS SECTION.

  17  8-1807. 

  18  	(a)	The initial planning area for determination of the Chesapeake Bay Critical
  19  Area consists of:

  20  		(1)	All waters of and lands under the Chesapeake Bay and its tributaries
  21  to the head of tide as indicated on the State wetlands maps, and all State and private
  22  wetlands designated under Title 16 of the Environment Article; and

  23  		(2)	All land and water areas within 1,000 feet beyond the landward
  24  boundaries of State or private wetlands and the heads of tides designated under Title
  25  [9] 16 of the Environment Article.

  26  	(B)	THE INITIAL PLANNING AREA FOR DETERMINATION OF THE ATLANTIC
  27  COASTAL BAYS CRITICAL AREA CONSISTS OF:

  28  		(1)	ALL WATERS OF AND LANDS UNDER THE COASTAL BAYS AND THEIR
  29  TRIBUTARIES TO THE HEAD OF TIDE AS INDICATED ON THE STATE WETLANDS MAPS,
  30  AND ALL STATE AND PRIVATE WETLANDS DESIGNATED UNDER TITLE 16 OF THE
  31  ENVIRONMENT ARTICLE; AND

  32  		(2)	ALL LAND AND WATER AREAS WITHIN 1,000 FEET BEYOND THE
  33  LANDWARD BOUNDARIES OF STATE OR PRIVATE WETLANDS AND THE HEADS OF
  34  TIDES DESIGNATED UNDER TITLE 16 OF THE ENVIRONMENT ARTICLE.

  35  	[(b)]	(C)	(1)	(i)	    In determining the Chesapeake Bay Critical Area OR THE
  36  ATLANTIC COASTAL BAYS CRITICAL AREA within its boundaries, a local jurisdiction 

10						SENATE BILL 247 

   1  may exclude those portions of the planning area designated in subsection (a) OR (B) of
   2  this section which the local jurisdiction finds to be:

   3  				1.	Part of a developed, urban area in which, in view of
   4  available public facilities and applicable laws and restrictions, the imposition of a
   5  program would not substantially improve protection of tidal water quality or
   6  conservation of fish, wildlife, or plant habitats; or

   7  				2.	Located at least 1,000 feet from open water and separated
   8  from open water by an area of wetlands which it is found will serve to protect tidal
   9  water quality and fish, wildlife, or plant habitats from adverse impacts of
  10  development in the excluded area.

  11  			(ii)	A portion of urban area to be excluded shall be at least 50%
  12  developed and may not be less than 2,640,000 square feet in contiguous area or the
  13  entire initial planning area located within the boundaries of a municipality,
  14  whichever is less.

  15  		(2)	A local jurisdiction shall include in any program submitted to the
  16  Commission under § 8-1809 of this subtitle a designation of those portions of the
  17  Chesapeake Bay Critical Area OR ATLANTIC COASTAL BAYS CRITICAL AREA proposed
  18  for exclusion under paragraph (1) of this subsection, together with all factual
  19  information and expert opinion supporting its findings under this subsection.

  20  		(3)	The Commission shall approve a local jurisdiction's designation of
  21  portions to be excluded unless the Commission finds, based on stated reasons, that
  22  the decision of the local jurisdiction was:

  23  			(i)	Not supported by competent and material evidence; or

  24  			(ii)	Arbitrary or capricious.

  25  		(4)	If the Commission develops the program to be applied in a local
  26  jurisdiction, the Commission shall exclude areas as appropriate to meet the intent of
  27  paragraph (1) of this subsection.

  28  	[(c)]	(D)	The Chesapeake Bay Critical Area shall consist of:

  29  		(1)	Those areas designated in subsection (a) of this section, except any
  30  areas excluded in accordance with subsection [(b)] (C) of this section; and

  31  		(2)	Additional areas proposed for inclusion by local jurisdictions and
  32  approved by the Commission.

  33  	(E)	THE ATLANTIC COASTAL BAYS CRITICAL AREA SHALL CONSIST OF:

  34  		(1)	THOSE AREAS DESIGNATED IN SUBSECTION (B) OF THIS SECTION,
  35  EXCEPT ANY AREAS EXCLUDED IN ACCORDANCE WITH SUBSECTION (C) OF THIS
  36  SECTION; AND

11						SENATE BILL 247 

   1  		(2)	ADDITIONAL AREAS PROPOSED FOR INCLUSION BY LOCAL
   2  JURISDICTIONS AND APPROVED BY THE COMMISSION.

   3  8-1808. 

   4  	(a)	(1)	It is the intent of this subtitle that each local jurisdiction shall have
   5  primary responsibility for developing and implementing a program, subject to review
   6  and approval by the Commission.

   7  		(2)	(I)	The Governor shall include in the budget a sum of money to be
   8  used for grants to reimburse local jurisdictions for the reasonable costs of developing
   9  a program under this section.

  10  			(II)	Each local jurisdiction shall submit to the Governor by October
  11  31, 1984 a detailed request for funds that are equivalent to the additional costs
  12  incurred in developing the program under this section.

  13  			(III)	THE GOVERNOR SHALL INCLUDE IN THE FISCAL YEAR 2003
  14  BUDGET A SUM OF MONEY TO BE USED FOR GRANTS TO REIMBURSE LOCAL
  15  JURISDICTIONS IN THE ATLANTIC COASTAL BAYS CRITICAL AREA FOR THE
  16  REASONABLE COSTS OF DEVELOPING A PROGRAM UNDER THIS SECTION.

  17  		(3)	The Governor shall include in the budget annually a sum of money to
  18  be used for grants to assist local jurisdictions with the reasonable costs of
  19  implementing a program under this section. Each local jurisdiction shall submit to
  20  the Governor by May 1 of each year a detailed request for funds to assist in the
  21  implementation of a program under this section.

  22  	(b)	A program shall consist of those elements which are necessary or
  23  appropriate:

  24  		(1)	To minimize adverse impacts on water quality that result from
  25  pollutants that are discharged from structures or conveyances or that have run off
  26  from surrounding lands;

  27  		(2)	To conserve fish, wildlife, and plant habitat; and

  28  		(3)	To establish land use policies for development in the Chesapeake Bay
  29  Critical Area OR THE ATLANTIC COASTAL BAYS CRITICAL AREA which accommodate
  30  growth and also address the fact that, even if pollution is controlled, the number,
  31  movement, and activities of persons in that area can create adverse environmental
  32  impacts.

  33  	(c)	At a minimum, a program sufficient to meet the goals stated in subsection
  34  (b) of this section includes:

  35  		(1)	A map designating the critical area in a local jurisdiction;

  36  		(2)	A comprehensive zoning map for the critical area;

12						SENATE BILL 247 

   1  		(3)	As necessary, new or amended provisions of the jurisdiction's:

   2  			(i)	Subdivision regulations;

   3  			(ii)	Comprehensive or master plan;

   4  			(iii)	Zoning ordinances or regulations;

   5  			(iv)	Provisions relating to enforcement; and

   6  			(v)	Provisions as appropriate relating to grandfathering of
   7  development at the time the program is adopted or approved by the Commission;

   8  		(4)	Provisions requiring that project approvals shall be based on findings
   9  that projects are consistent with the standards stated in subsection (b) of this section;

  10  		(5)	Provisions to limit the amount of land covered by buildings, roads,
  11  parking lots, or other impervious surfaces, and to require or encourage cluster
  12  development, where necessary or appropriate;

  13  		(6)	Establishment of buffer areas along shorelines within which
  14  agriculture will be permitted only if best management practices are used, provided
  15  that structures or any other use of land which is necessary for adjacent agriculture
  16  shall also be permitted in any buffer area;

  17  		(7)	Requirements for minimum setbacks for structures and septic fields
  18  along shorelines;

  19  		(8)	Designation of shoreline areas, if any, that are suitable for parks,
  20  hiking, biking, wildlife refuges, scenic drives, public access or assembly, and
  21  water-related recreation such as boat slips, piers, and beaches;

  22  		(9)	Designation of shoreline areas, if any, that are suitable for ports,
  23  marinas, and industries that use water for transportation or derive economic benefits
  24  from shore access;

  25  		(10)	Provisions requiring that all harvesting of timber in the Chesapeake
  26  Bay Critical Area OR THE ATLANTIC COASTAL BAYS CRITICAL AREA be in accordance
  27  with plans approved by the district forestry board;

  28  		(11)	Provisions establishing that the controls in a program which are
  29  designed to prevent runoff of pollutants will not be required on sites where the
  30  topography prevents runoff from directly or indirectly reaching tidal waters; and

  31  		(12)	Provisions for reasonable accommodations in policies or procedures
  32  when the accommodations are necessary to avoid discrimination on the basis of
  33  physical disability, including provisions that authorize a local jurisdiction to require
  34  removal of a structure that was installed or built to accommodate a physical disability
  35  and require restoration when the accommodation permitted by this paragraph is no
  36  longer necessary.

13						SENATE BILL 247 

   1  	(d)	(1)	The Commission shall adopt by regulation on or before December 1,
   2  1985 criteria for program development and approval, which are necessary or
   3  appropriate to achieve the standards stated in subsection (b) of this section. Prior to
   4  developing its criteria and also prior to adopting its criteria, the Commission shall
   5  hold at least 6 regional public hearings, 1 in each of the following areas:

   6  			(i)	Harford, Cecil, and Kent counties;

   7  			(ii)	Queen Anne's, Talbot, and Caroline counties;

   8  			(iii)	Dorchester, Somerset, and Wicomico counties;

   9  			(iv)	Baltimore City and Baltimore County;

  10  			(v)	Charles, Calvert, and St. Mary's counties; and

  11  			(vi)	Anne Arundel and Prince George's counties.

  12  		(2)	During the hearing process, the Commission shall consult with each
  13  affected local jurisdiction.

  14  	(e)	Nothing in this section shall impede or prevent the dredging of any
  15  waterway in a critical area. However, dredging in a critical area is subject to other
  16  applicable federal and State laws and regulations.

  17  	(F)	IN ADOPTING THE INITIAL LAND CLASSIFICATION FOR THE ATLANTIC
  18  COASTAL BAYS CRITICAL AREA, THE LOCAL PROGRAM:

  19  		(1)	OF THE TOWN OF OCEAN CITY SHALL CLASSIFY AS AN INTENSELY
  20  DEVELOPED AREA THAT AREA THAT IS WITHIN THE MUNICIPAL BOUNDARIES OF
  21  OCEAN CITY AS OF JANUARY 1, 2002; AND

  22  		(2)	OF WORCESTER COUNTY SHALL CLASSIFY AS AN INTENSELY
  23  DEVELOPED AREA THAT AREA LOCATED ON THE WESTERN MAINLAND THAT IS EAST
  24  OF GOLF COURSE ROAD, SOUTH OF CHARLES STREET, AND NORTH OF ROUTE 707
  25  (OLD BRIDGE ROAD).

  26  	(F)	(G)	THE PROVISIONS OF THIS SUBTITLE AND TITLE 27 OF THE CODE OF
  27  MARYLAND REGULATIONS APPLY TO THE ATLANTIC COASTAL BAYS CRITICAL AREA.

  28  8-1808.1.

  29  	(a)	This section is intended to establish conditions for development in the
  30  Chesapeake Bay Critical Area AND THE ATLANTIC COASTAL BAYS CRITICAL AREA in
  31  addition to those established in criteria of the Commission. However, in the event of
  32  any inconsistency between the criteria and the provisions of this section, this section
  33  shall control.

  34  	(b)	The growth allocation for a local jurisdiction shall be calculated based on 5
  35  percent of the total resource conservation area in [the] A local jurisdiction:

14						SENATE BILL 247 

   1  		(1)	IN THE CHESAPEAKE BAY CRITICAL AREA at the time of the original
   2  approval of the local jurisdiction's program by the Commission, not including tidal
   3  wetlands or land owned by the federal government; OR

   4  		(2)	IN THE ATLANTIC COASTAL BAYS CRITICAL AREA AT THE TIME OF
   5  THE ORIGINAL APPROVAL OF THE LOCAL JURISDICTION'S PROGRAM BY THE
   6  COMMISSION, NOT INCLUDING TIDAL WETLANDS OR LAND OWNED BY THE FEDERAL
   7  GOVERNMENT.

   8  	(c)	When locating new intensely developed or limited development areas, local
   9  jurisdictions shall use the following guidelines:

  10  		(1)	New intensely developed areas should be located in limited
  11  development areas or adjacent to existing intensely developed areas;

  12  		(2)	New limited development areas should be located adjacent to existing
  13  limited development areas or intensely developed areas;

  14  		(3)	Except as provided in paragraph (5) of this subsection, no more than
  15  one-half of the expansion allocated in the criteria of the Commission may be located
  16  in resource conservation areas;

  17  		(4)	New intensely developed or limited development areas to be located
  18  in the resource conservation area shall conform to all criteria of the Commission for
  19  intensely developed or limited development areas and shall be designated on the
  20  comprehensive zoning map submitted by the local jurisdiction as part of its
  21  application to the Commission for program approval or at a later date in compliance
  22  with § 8-1809(g) of this subtitle; and

  23  		(5)	In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne's,
  24  St. Mary's, Somerset, Talbot, Wicomico, and Worcester counties, if the county is
  25  unable to utilize a portion of the growth allocated to the county in paragraphs (1) and
  26  (2) of this subsection within or adjacent to existing intensely developed or limited
  27  development areas as demonstrated in the local plan approved by the Commission,
  28  then that portion of the allocated expansion which cannot be so located may be
  29  located in the resource conservation area in addition to the expansion allocated in
  30  paragraph (3) of this subsection. A developer shall be required to cluster any
  31  development in an area of expansion authorized under this paragraph.

  32  	(D)	(1)	THE GROWTH ALLOCATION FOR A LOCAL JURISDICTION BASED ON
  33  5% OF THE TOTAL RESOURCE CONSERVATION AREA IN THE CHESAPEAKE BAY
  34  CRITICAL AREA IN A LOCAL JURISDICTION IN THE CHESAPEAKE BAY CRITICAL AREA
  35  UNDER SUBSECTION (C)(5) OF THIS SECTION SHALL BE UTILIZED WITHIN THE
  36  CHESAPEAKE BAY CRITICAL AREA.

  37  		(2)	THE GROWTH ALLOCATION FOR A LOCAL JURISDICTION BASED ON
  38  5% OF THE TOTAL RESOURCE CONSERVATION AREA IN THE ATLANTIC COASTAL BAYS
  39  CRITICAL AREA IN A LOCAL JURISDICTION IN THE ATLANTIC COASTAL BAYS
  40  CRITICAL AREA UNDER SUBSECTION(C)(5) OF THIS SECTION SHALL BE UTILIZED
  41  WITHIN THE ATLANTIC COASTAL BAYS CRITICAL AREA.

15						SENATE BILL 247 

   1  	(D)	(1)	SUBJECT TO THE CONDITIONS UNDER PARAGRAPHS (2) AND (3) OF
   2  THIS SUBSECTION, IF A JURISDICTION HAS WITHIN ITS TERRITORIAL LIMITS AN
   3  AREA THAT IS SUBJECT TO THE CHESAPEAKE BAY CRITICAL AREA PROGRAM AND AN
   4  AREA THAT IS SUBJECT TO THE ATLANTIC COASTAL BAYS CRITICAL AREA PROGRAM,
   5  THE GROWTH ALLOCATION FOR THAT JURISDICTION MAY BE UTILIZED WITHIN
   6  EITHER CRITICAL AREA, AS THE JURISDICTION'S LOCAL PROGRAM CONSIDERS
   7  APPROPRIATE.

   8  		(2)	A LOCAL JURISDICTION'S PROGRAM MAY NOT UTILIZE THE GROWTH
   9  ALLOCATION FROM ANOTHER CRITICAL AREA UNLESS THE GROWTH ALLOCATION
  10  REMAINING IN EITHER CRITICAL AREA IS INSUFFICIENT TO ALLOW APPROVAL OF A
  11  GROWTH ALLOCATION PROPOSAL ASSOCIATED WITH A PROGRAM AMENDMENT FOR
  12  WHICH THE LOCAL PROGRAM SEEKS COMMISSION APPROVAL.

  13  		(3)	A LOCAL JURISDICTION'S PROGRAM MAY NOT TRANSFER MORE
  14  THAN 150 ACRES OF GROWTH ALLOCATION TO ANOTHER CRITICAL AREA.

  15  	[(d)]	(E)	In calculating the 1-in-20 acre density of development that is
  16  permitted on a parcel located within the resource conservation area, a local
  17  jurisdiction may permit the area of any private wetlands located on the property to be
  18  included, under the following conditions:

  19  		(1)	The density of development on the upland portion of the parcel may
  20  not exceed 1 dwelling unit per 8 acres; and

  21  		(2)	The area of private wetlands shall be estimated on the basis of
  22  vegetative information as designated on the State wetlands maps.

  23  8-1808.2.

  24  	(a)	(1)	In this section the following words have the meanings indicated.

  25  		(2)	"Bona fide intrafamily transfer" means a transfer to a member of the
  26  owner's immediate family of a portion of the owner's property for the purpose of
  27  establishing a residence for that family member.

  28  		(3)	"Immediate family" means a father, mother, BROTHER, SISTER, son,
  29  daughter, grandfather, grandmother, grandson, or granddaughter.

  30  	(b)	Notwithstanding density limitations established in criteria of the
  31  Commission, as part of its local program, a local jurisdiction may submit provisions by
  32  which an owner of a parcel of land in the resource conservation area may be permitted
  33  to make bona fide intrafamily transfers.

  34  	(c)	If a local jurisdiction includes provisions for bona fide intrafamily transfers
  35  as part of its local program, the local jurisdiction shall permit a bona fide intrafamily
  36  transfer to be made only from parcels of land that:

16						SENATE BILL 247 

   1  		(1)	Were of record on March 1, 1986 IN THE CHESAPEAKE BAY CRITICAL
   2  AREA OR ON APRIL 17, 2001 JUNE 1, 2002 IN THE ATLANTIC COASTAL BAYS CRITICAL
   3  AREA; and

   4  		(2)	Are 7 acres or more and less than 60 acres in size.

   5  	(d)	A bona fide intrafamily transfer from a parcel of land shall be a
   6  subdivision of the parcel of land that is subject to local approval under the
   7  "Subdivision Control" subtitle of Article 66B of the Code, under Title 7 of Article 28 of
   8  the Code, or under any subdivision control provisions of a charter county.

   9  	(e)	(1)	A local jurisdiction:

  10  			(i)	May approve the subdivision of a parcel of land into the number
  11  of lots indicated in this subsection by means of a bona fide intrafamily transfer; and

  12  			(ii)	May not approve any greater subdivision of the parcel of land or
  13  any portion of the parcel of land.

  14  		(2)	A parcel that is 7 acres or more and less than 12 acres in size may be
  15  subdivided into 2 lots.

  16  		(3)	A parcel that is 12 acres or more and less than 60 acres in size may be
  17  subdivided into 3 lots. The lots may be created at different times.

  18  	(f)	(1)	As a condition of approval, a local jurisdiction shall require that:

  19  			(i)	Any deed for a lot that is created by a bona fide intrafamily
  20  transfer shall contain a covenant stating that the lot is created subject to the
  21  provisions of this section; and

  22  			(ii)	A lot created by a bona fide intrafamily transfer may not be
  23  conveyed subsequently to any person other than a member of the owner's immediate
  24  family, except under procedures established pursuant to subsection (g) of this section.

  25  		(2)	This subsection does not prevent the conveyance of the lot to a third
  26  party as security for a mortgage or deed of trust.

  27  	(g)	If a local jurisdiction includes provisions for bona fide intrafamily transfers
  28  as part of the local jurisdiction's local program, the local jurisdiction shall establish
  29  standards and procedures, subject to the approval of the Commission, by which the
  30  local jurisdiction will permit the subsequent conveyance of lots to persons other than
  31  immediate family members. The standards and procedures shall assure that:

  32  		(1)	The lot was created as part of a bona fide intrafamily transfer and
  33  not with the intent of subdividing the original parcel of land for purposes of ultimate
  34  commercial sale; and

17						SENATE BILL 247 

   1  		(2)	(i)	A change in circumstances has occurred since the original
   2  transfer was made that is not inconsistent with this subtitle and that warrants an
   3  exception; or

   4  			(ii)	Other circumstances that are consistent with this subtitle and
   5  with the Commission's criteria to maintain land areas necessary to support the
   6  protective uses of agriculture, forestry, open space, and natural habitats in resource
   7  conservation areas warrant an exception.

   8  8-1808.3.

   9  	(a)	This section applies notwithstanding:

  10  		(1)	Any other provision of this subtitle; or

  11  		(2)	Any criteria or guideline of the Commission adopted under this
  12  subtitle.

  13  	(b)	This section controls over any other requirement concerning impervious
  14  surfaces limitations in limited development areas and resource conservation areas in
  15  the critical area.

  16  	(c)	On or before December 31, 1996, a local jurisdiction shall amend its local
  17  Critical Area Protection Program to meet the provisions of this section.

  18  	(d)	(1)	Except as otherwise provided in this subsection for stormwater
  19  runoff, man-made impervious surfaces are limited to 15% of a parcel or lot.

  20  		(2)	If a parcel or lot one-half acre or less in size existed on or before
  21  December 1, 1985 IN THE CHESAPEAKE BAY CRITICAL AREA OR ON OR BEFORE APRIL
  22  17, 2001 JUNE 1, 2002 IN THE ATLANTIC COASTAL BAYS CRITICAL AREA, then
  23  man-made impervious surfaces are limited to 25% of the parcel or lot.

  24  		(3)	If a parcel or lot greater than one-half acre and less than one acre in
  25  size existed on or before December 1, 1985 IN THE CHESAPEAKE BAY CRITICAL AREA
  26  OR ON OR BEFORE APRIL 17, 2001 JUNE 1, 2002 IN THE ATLANTIC COASTAL BAYS
  27  CRITICAL AREA, then man-made impervious surfaces are limited to 15% of the parcel
  28  or lot.

  29  		(4)	If an individual lot 1 acre or less in size is part of a subdivision
  30  approved after December 1, 1985 IN THE CHESAPEAKE BAY CRITICAL AREA OR
  31  AFTER APRIL 17, 2001 JUNE 1, 2002 IN THE ATLANTIC COASTAL BAYS CRITICAL AREA,
  32  then man-made impervious surfaces of the lot may not exceed 25% of the lot.
  33  However, the total of the impervious surfaces over the entire subdivision may not
  34  exceed 15%.

  35  	(e)	This section does not apply to a trailer park that was in residential use on
  36  or before December 1, 1985 IN THE CHESAPEAKE BAY CRITICAL AREA OR ON OR
  37  BEFORE APRIL 17, 2001 JUNE 1, 2002 IN THE ATLANTIC COASTAL BAYS CRITICAL AREA.

18						SENATE BILL 247 

   1  	(f)	A local jurisdiction may allow a property owner to exceed the impervious
   2  surface limits provided in subsection (d)(2) and (3) of this section if the following
   3  conditions exist:

   4  		(1)	New impervious surfaces on the property have been minimized;

   5  		(2)	For a lot or parcel one-half acre or less in size, total impervious
   6  surfaces do not exceed impervious surface limits in subsection (d)(2) of this section by
   7  more than 25% or 500 square feet, whichever is greater;

   8  		(3)	For a lot or parcel greater than one-half acre and less than one acre
   9  in size, total impervious surfaces do not exceed impervious surface limits in
  10  subsection (d)(3) of this section or 5,445 square feet, whichever is greater;

  11  		(4)	Water quality impacts associated with runoff from the new
  12  impervious surfaces can be and have been minimized through site design
  13  considerations or use of best management practices approved by the local jurisdiction
  14  to improve water quality; and

  15  		(5)	The property owner performs on-site mitigation as required by the
  16  local jurisdiction to offset potential adverse water quality impacts from the new
  17  impervious surfaces, or the property owner pays a fee to the local jurisdiction in lieu
  18  of performing the on-site mitigation.

  19  	(g)	All fees collected by a local jurisdiction under subsection (f)(5) of this
  20  section must be used to fund projects that improve water quality within the critical
  21  area consistent with the jurisdiction's local Critical Area Protection Program.

  22  	(h)	A local jurisdiction may grant a variance from the provisions of this section
  23  in accordance with regulations adopted by the Commission concerning variances as
  24  part of local program development set forth in COMAR 27.01.11 and notification of
  25  project applications set forth in COMAR 27.03.01.

  26  8-1808.8.

  27  	(A)	EACH LOCAL JURISDICTION IN THE ATLANTIC COASTAL BAYS CRITICAL
  28  AREA SHALL INCLUDE THE FOLLOWING ELEMENTS IN THE JURISDICTION'S LOCAL
  29  CRITICAL AREA PROTECTION PROGRAM:

  30  		(1)	A PROVISION REQUIRING THE USE OF BIORETENTION AND OTHER
  31  NONSTRUCTURAL STORMWATER BEST MANAGEMENT PRACTICES FOR
  32  REDEVELOPMENT IN INTENSELY DEVELOPED AREAS WHERE THE COST OF
  33  REDEVELOPMENT EXCEEDS 50% OF THE ASSESSED VALUE OF THE PROPERTY,
  34  UNLESS THE APPLICANT FOR PROJECT APPROVAL DEMONSTRATES THAT USE OF
  35  SUCH MEASURES IS NOT FEASIBLE;

  36  		(1)	AS PART OF COMPLIANCE WITH THE STORMWATER MANAGEMENT
  37  REQUIREMENTS OF TITLE 27 OF THE CODE OF MARYLAND REGULATIONS AND TITLE
  38  4, SUBTITLE 2 OF THE ENVIRONMENT ARTICLE, A PROVISION ENCOURAGING THE
  39  USE OF BIORETENTION FOR REDEVELOPMENT IN INTENSELY DEVELOPED AREAS;

19						SENATE BILL 247 

   1  		(2)	A PROVISION REQUIRING AN APPLICANT FOR PROJECT APPROVAL
   2  WHO IS NOT SUBJECT TO THE PROVISIONS OF ITEM (1) OF THIS SUBSECTION OR WHO
   3  DEMONSTRATES THAT USE OF THE MEASURES SPECIFIED IN ITEM (1) OF THIS
   4  SECTION ARE NOT FEASIBLE SHALL COMPLY WITH THE STORMWATER
   5  MANAGEMENT PROVISIONS OF TITLE 27 OF THE CODE OF MARYLAND REGULATIONS
   6  AND TITLE 4, SUBTITLE 2 OF THE ENVIRONMENT ARTICLE;

   7  		(3)	(2)	(A)	EXCEPT AS PROVIDED IN SUBSECTION (B)(2) OF THIS
   8  SECTION, EACH LOCAL JURISDICTION IN THE ATLANTIC COASTAL BAYS CRITICAL
   9  AREA SHALL INCLUDE IN ITS LOCAL CRITICAL AREA PROTECTION PROGRAM
  10  PROVISIONS REQUIRING PROPOSED DEVELOPMENT SITES IN INTENSELY
  11  DEVELOPED AREAS TO PROVIDE A FOREST OR DEVELOPED WOODLAND COVER OF AT
  12  LEAST 15% AFTER DEVELOPMENT OR A FEE-IN-LIEU PAYMENT IF THE FEE IS
  13  ADEQUATE TO ENSURE THE RESTORATION OR ESTABLISHMENT OF AN EQUIVALENT
  14  FOREST AREA; AND

  15  		(4)	(3)	A PROVISION REQUIRING A MINIMUM BUFFER OF 25 FEET AND
  16  APPLYING THE BUFFER REQUIREMENTS OF TITLE 27 OF THE CODE OF MARYLAND
  17  REGULATIONS TO TRIBUTARY STREAMS LOCATED OUTSIDE THE CRITICAL AREA AND
  18  WITHIN THE ATLANTIC COASTAL BAYS WATERSHED THAT ARE NOTED AS PERENNIAL
  19  AND INTERMITTENT STREAMS IN THE ATLANTIC COASTAL BAYS WATERSHED WHICH
  20  ARE SO NOTED ON THE MOST RECENT U.S. GEOLOGICAL SURVEY 7-1/2 MINUTE
  21  TOPOGRAPHIC QUADRANGLE MAPS (SCALE 1:24,000) OR ON MORE DETAILED MAPS OR
  22  STUDIES AT THE DISCRETION OF THE LOCAL JURISDICTIONS.

  23  	(B)	(1)	EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
  24  PROVISIONS OF THIS SUBTITLE REPLACE THE REQUIREMENTS OF THE FOREST
  25  CONSERVATION ACT PROVIDED UNDER TITLE 5, SUBTITLE 16 OF THIS ARTICLE
  26  WITHIN THE ATLANTIC COASTAL BAYS CRITICAL AREA.

  27  		(2)	SUBSECTION (A)(2) (A) OF THIS SECTION AND PARAGRAPH (1) OF THIS
  28  SUBSECTION DO NOT APPLY TO:

  29  			(I)	DEVELOPMENT OF A SINGLE LOT FOR THE PURPOSE OF
  30  CONSTRUCTING A DWELLING INTENDED FOR THE USE OF THE OWNER, OR A CHILD
  31  OR GRANDCHILD OF THE OWNER, IF THE DEVELOPMENT DOES NOT RESULT IN THE
  32  CUTTING, CLEARING, OR GRADING OF MORE THAN 40,000 SQUARE FEET OF FOREST,
  33  AND THE LOT WAS LEGALLY RECORDED PRIOR TO JULY 31, 1994; OR

  34  			(II)	A SINGLE LOT THAT IS PART OF A PROJECT THAT HAS
  35  OTHERWISE COMPLIED WITH THE FOREST CONSERVATION ACT.

  36  		(3)	FOR PURPOSES OF SUBSECTION (A)(2) (A) OF THIS SECTION, FOREST
  37  OR DEVELOPED WOODLAND COVER MAY INCLUDE TREES, WOODY PLANTS, AND
  38  SHRUBS, AND ANY LANDSCAPING UNDER AN APPROVED LANDSCAPING PLAN.

  39  	(C)	THE DEPARTMENT SHALL ASSIST A LOCAL JURISDICTION IN THE
  40  PREPARATION OF ANY MORE DETAILED MAPS OR STUDIES NECESSARY TO MEET THE
  41  REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION.

20						SENATE BILL 247 

   1  	(D)	IN ACCORDANCE WITH TITLE 27 OF THE CODE OF MARYLAND
   2  REGULATIONS, AGRICULTURAL ACTIVITIES ARE PERMITTED IN THE BUFFER
   3  OUTSIDE THE CRITICAL AREA AND IN THE ATLANTIC COASTAL BAYS WATERSHED
   4  UNDER AN APPROVED SOIL CONSERVATION AND WATER QUALITY PLAN.

   5  	(C)	EACH LOCAL JURISDICTION IN THE ATLANTIC COASTAL BAYS CRITICAL
   6  AREA MAY INCLUDE IN ITS LOCAL CRITICAL AREA PROTECTION PROGRAM:

   7  		(1)	AS PART OF COMPLIANCE WITH THE STORMWATER MANAGEMENT
   8  REQUIREMENTS OF TITLE 27 OF THE CODE OF MARYLAND REGULATIONS AND TITLE
   9  4, SUBTITLE 2 OF THE ENVIRONMENT ARTICLE, A PROVISION ENCOURAGING THE
  10  USE OF BIORETENTION FOR REDEVELOPMENT IN INTENSELY DEVELOPED AREAS;

  11  		(2)	A PROVISION APPLYING BUFFER REQUIREMENTS TO TRIBUTARY
  12  STREAMS LOCATED OUTSIDE THE CRITICAL AREA AND WITHIN THE ATLANTIC
  13  COASTAL BAYS WATERSHED THAT ARE NOTED AS PERENNIAL AND INTERMITTENT
  14  STREAMS IN THE ATLANTIC COASTAL BAYS WATERSHED THAT ARE SO NOTED ON
  15  THE MOST RECENT U.S. GEOLOGICAL SURVEY 7-1/2 MINUTE TOPOGRAPHIC
  16  QUADRANGLE MAPS (SCALE 1:24,000) OR ON MORE DETAILED MAPS OR STUDIES AT
  17  THE DISCRETION OF THE LOCAL JURISDICTION; AND

  18  		(3)	TO THE EXTENT OTHERWISE PERMITTED BY LAW, A PROVISION
  19  REGARDING IMPROVEMENTS OVER STATE OR PRIVATE WETLANDS, INCLUDING
  20  CRITERIA FOR THE PROTECTION OF WATER QUALITY AND FISH, WILDLIFE, AND
  21  PLANT HABITATS, AND THE USE AND CONSTRUCTION OF PRIVATE AND COMMUNITY
  22  PIERS IN THE LOCAL JURISDICTION.

  23  	(D)	ON REQUEST, THE DEPARTMENT SHALL ASSIST A LOCAL JURISDICTION
  24  IN THE PREPARATION OF:

  25  		(1)	ANY MORE DETAILED MAPS OR STUDIES NECESSARY TO IMPLEMENT
  26  THE BUFFER PROVISIONS UNDER SUBSECTION (C)(2) OF THIS SECTION; AND

  27  		(2)	THE WETLAND PROTECTION PROVISIONS UNDER SUBSECTION (C)(3)
  28  OF THIS SECTION.

  29  	(E)	IF A LOCAL JURISDICTION ADOPTS PROVISIONS CONSISTENT WITH
  30  SUBSECTION (C)(2) OF THIS SECTION, AGRICULTURAL ACTIVITIES ARE PERMITTED
  31  IN THE BUFFER OUTSIDE THE CRITICAL AREA AND IN THE ATLANTIC COASTAL BAYS
  32  WATERSHED THAT ARE IN ACCORDANCE WITH TITLE 27 OF THE CODE OF MARYLAND
  33  REGULATIONS UNDER AN APPROVED SOIL CONSERVATION AND WATER QUALITY
  34  PLAN.

  35  	(B)	THE PROVISIONS UNDER SUBSECTION (A) OF THIS SECTION SHALL BE IN
  36  ADDITION TO THE STORMWATER MANAGEMENT REQUIREMENTS OF TITLE 27 OF THE
  37  CODE OF MARYLAND REGULATIONS AND TITLE 4, SUBTITLE 2 OF THE ENVIRONMENT
  38  ARTICLE.

21						SENATE BILL 247 

   1  8-1808.9.

   2  	(A)	THE PROVISIONS OF THIS SECTION APPLY TO A LOCAL JURISDICTION
   3  THAT IS LOCATED IN THE ATLANTIC COASTAL BAYS WATERSHED AND NOT IN THE
   4  ATLANTIC COASTAL BAYS CRITICAL AREA.

   5  	(B)	ON OR BEFORE JULY 15, 2002, A LOCAL JURISDICTION SUBJECT TO THE
   6  PROVISIONS OF THIS SECTION SHALL SUBMIT TO THE COMMISSION A WRITTEN
   7  STATEMENT OF ITS INTENT EITHER:

   8  		(1)	TO ADOPT PROVISIONS REQUIRING A MINIMUM APPLYING A BUFFER
   9  OF 25 FEET AND APPLYING THE REQUIREMENTS OF TITLE 27 OF THE CODE OF
  10  MARYLAND REGULATIONS TO PERENNIAL AND INTERMITTENT STREAMS THAT ARE
  11  WITHIN THE BOUNDARIES OF THE LOCAL JURISDICTION AND ARE NOTED ON THE
  12  MOST RECENT U.S. GEOLOGICAL SURVEY 7-1/2 MINUTE TOPOGRAPHIC QUADRANGLE
  13  MAPS (SCALE 1:24,000) OR ON MORE DETAILED MAPS OR STUDIES AT THE DISCRETION
  14  OF THE LOCAL JURISDICTION; OR

  15  		(2)	NOT TO ADOPT THE PROVISIONS.

  16  	(C)	IF A LOCAL JURISDICTION STATES THE LOCAL JURISDICTION'S INTENT
  17  NOT TO ADOPT PROVISIONS MEETING THE REQUIREMENTS OF THIS SECTION OR
  18  FAILS TO SUBMIT A TIMELY STATEMENT OF INTENT, THE COMMISSION SHALL
  19  PREPARE AND ADOPT THE PROVISIONS FOR THE LOCAL JURISDICTION.

  20  	(D)	IF A LOCAL JURISDICTION STATES THE LOCAL JURISDICTION'S INTENT TO
  21  ADOPT PROVISIONS MEETING THE REQUIREMENTS OF THIS SECTION, THE LOCAL
  22  JURISDICTION SHALL SUBMIT THE PROVISIONS TO THE COMMISSION AND ADOPT
  23  THE PROVISIONS IN ACCORDANCE WITH THE SCHEDULE OF SUBMISSIONS FOR THE
  24  ATLANTIC COASTAL BAYS CRITICAL AREA PROGRAM SET FORTH UNDER § 8-1809 OF
  25  THIS SUBTITLE.

  26  8-1809. 

  27  	(a)	(1)	Within 45 days after the criteria adopted by the Commission under §
  28  8-1808 of this subtitle become effective, each local jurisdiction shall submit to the
  29  Commission a written statement of its intent either:

  30  		[(1)]	(I)	To develop a Critical Area Protection Program to control the use
  31  and development of that part of the Chesapeake Bay Critical Area located within its
  32  territorial limits; or

  33  		[(2)]	(II)	Not to develop such a program.

  34  		(2)	ON OR BEFORE JULY 15, 2002, EACH LOCAL JURISDICTION IN THE
  35  ATLANTIC COASTAL BAYS CRITICAL AREA SHALL SUBMIT TO THE COMMISSION A
  36  WRITTEN STATEMENT OF ITS INTENT EITHER:

22						SENATE BILL 247 

   1  			(I)	TO DEVELOP A CRITICAL AREA PROTECTION PROGRAM TO
   2  CONTROL THE USE AND DEVELOPMENT OF THAT PART OF THE ATLANTIC COASTAL
   3  BAYS CRITICAL AREA LOCATED WITHIN ITS TERRITORIAL LIMITS; OR

   4  			(II)	NOT TO DEVELOP SUCH A PROGRAM.

   5  	(b)	If a local jurisdiction states the local jurisdiction's intent not to develop a
   6  program or fails to submit a timely statement of intent, the Commission shall prepare
   7  and adopt a program for the part of the Chesapeake Bay Critical Area OR ATLANTIC
   8  COASTAL BAYS CRITICAL AREA in that local jurisdiction.

   9  	(c)	(1)	If a local jurisdiction states the local jurisdiction's intent to develop a
  10  CHESAPEAKE BAY CRITICAL AREA program, the local jurisdiction shall prepare a
  11  proposed program and submit the program to the Commission within 270 days after
  12  the effective date of the criteria adopted under § 8-1808 of this subtitle. However, if
  13  the local jurisdiction submits evidence satisfactory to the Commission that the local
  14  jurisdiction is making reasonable progress in the development of a program, the
  15  Commission may extend this period for up to an additional 180 days. Before
  16  submission of a program to the Commission within the time allowed by this
  17  subsection, a local jurisdiction shall hold at least 1 public hearing on the proposed
  18  program, for which 2 weeks notice shall be published in a newspaper of general
  19  circulation in the local jurisdiction.

  20  		(2)	IF A LOCAL JURISDICTION STATES THE LOCAL JURISDICTION'S
  21  INTENT TO DEVELOP AN ATLANTIC COASTAL BAYS CRITICAL AREA PROGRAM, THE
  22  LOCAL JURISDICTION SHALL PREPARE A PROPOSED PROGRAM MEETING THE
  23  REQUIREMENTS OF THE CRITERIA ADOPTED UNDER § 8-1808 OF THIS SUBTITLE AND
  24  SUBMIT THE PROGRAM TO THE COMMISSION ON OR BEFORE JANUARY 1, 2003.
  25  HOWEVER, IF THE LOCAL JURISDICTION SUBMITS EVIDENCE SATISFACTORY TO THE
  26  COMMISSION THAT THE LOCAL JURISDICTION IS MAKING REASONABLE PROGRESS
  27  IN THE DEVELOPMENT OF A PROGRAM, THE COMMISSION MAY EXTEND THIS PERIOD
  28  FOR UP TO AN ADDITIONAL 30 DAYS. BEFORE SUBMISSION OF A PROGRAM TO THE
  29  COMMISSION WITHIN THE TIME ALLOWED BY THIS SUBSECTION, A LOCAL
  30  JURISDICTION SHALL HOLD AT LEAST 1 PUBLIC HEARING ON THE PROPOSED
  31  PROGRAM, FOR WHICH 2 WEEKS' NOTICE SHALL BE PUBLISHED IN A NEWSPAPER OF
  32  GENERAL CIRCULATION IN THE LOCAL JURISDICTION.

  33  	(d)	(1)	Within 30 days after a program is submitted, the Commission shall
  34  appoint a panel of 5 of its members to conduct, in the affected jurisdiction, a public
  35  hearing on the proposed program.

  36  		(2)	(I)	Within 90 days after the Commission receives a proposed
  37  CHESAPEAKE BAY CRITICAL AREA program from a local jurisdiction, the Commission
  38  shall approve the proposal or notify the local jurisdiction of specific changes that must
  39  be made in order for the proposal to be approved. If the Commission does neither, the
  40  proposal shall be deemed approved.

  41  			(II)	WITHIN 60 DAYS AFTER THE COMMISSION RECEIVES A
  42  PROPOSED ATLANTIC COASTAL BAYS CRITICAL AREA PROGRAM FROM A LOCAL 

23						SENATE BILL 247 

   1  JURISDICTION, THE COMMISSION SHALL APPROVE THE PROPOSAL OR NOTIFY THE
   2  LOCAL JURISDICTION OF SPECIFIC CHANGES THAT MUST BE MADE IN ORDER FOR
   3  THE PROPOSAL TO BE APPROVED. IF THE COMMISSION DOES NEITHER, THE
   4  PROPOSAL SHALL BE DEEMED APPROVED.

   5  		(3)	A changed proposal shall be submitted to the Commission in the
   6  same manner as the original proposal, within 40 days after the Commission's notice.
   7  Unless the Commission approves a changed proposal or disapproves a changed
   8  proposal and states in writing the reasons for the Commission's disapproval within 40
   9  days, the changed proposal shall be deemed approved.

  10  	(e)	Within 90 days after the Commission approves a proposed CHESAPEAKE
  11  BAY CRITICAL AREA program OR A PROPOSED ATLANTIC COASTAL BAYS CRITICAL
  12  AREA PROGRAM, the local jurisdiction shall hold hearings and adopt the program in
  13  accordance with legislative procedures for enacting ordinances. If the governing body
  14  of the local jurisdiction wishes to change any part of the approved proposal before
  15  adoption, the governing body shall submit the proposed change to the Commission for
  16  approval. Unless the Commission approves the change or disapproves the change and
  17  states in writing the reasons for the Commission's disapproval within 30 days after
  18  the Commission receives the change, the change shall be deemed approved. A changed
  19  part may not be adopted until the changed part is approved by the Commission.

  20  	(f)	(1)	Within 760 days after criteria adopted by the Commission become
  21  effective, there shall be in effect throughout the Chesapeake Bay Critical Area
  22  programs approved or adopted by the Commission.

  23  		(2)	ON OR BEFORE SEPTEMBER 29, 2003, THERE SHALL BE IN EFFECT
  24  THROUGHOUT THE ATLANTIC COASTAL BAYS CRITICAL AREA PROGRAMS APPROVED
  25  OR ADOPTED BY THE COMMISSION.

  26  	(g)	Each local jurisdiction shall review its entire program and propose any
  27  necessary amendments to its entire program, including local zoning maps, at least
  28  every 4 years beginning with the 4-year anniversary of the date that the program
  29  became effective and every 4 years after that date. Each local jurisdiction shall send
  30  in writing to the Commission, within 60 days after each 4-year anniversary, the
  31  following information:

  32  		(1)	A statement certifying that the required review has been
  33  accomplished;

  34  		(2)	Any necessary requests for program amendments, program
  35  refinements, or other matters that the local jurisdiction wishes the Commission to
  36  consider;

  37  		(3)	An updated resource inventory; and

  38  		(4)	A statement quantifying acreages within each land classification, the
  39  growth allocation used, and the growth allocation remaining.

24						SENATE BILL 247 

   1  	(h)	(1)	As often as necessary but not more than 4 times per calendar year,
   2  each local jurisdiction may propose program amendments and program refinements
   3  to its adopted program.

   4  		(2)	(i)	Except for program amendments or program refinements
   5  developed during program review under subsection (g) of this section, a zoning map
   6  amendment may be granted by a local approving authority only on proof of a mistake
   7  in the existing zoning.

   8  			(ii)	The requirement in paragraph (2)(i) of this subsection that a
   9  zoning map amendment may be granted only on proof of a mistake does not apply to
  10  proposed changes to a zoning map that:

  11  				1.	Are wholly consistent with the land classifications in the
  12  adopted program; or

  13  				2.	Propose the use of a part of the remaining growth
  14  allocation in accordance with the adopted program.

  15  	(i)	A program may not be amended except with the approval of the
  16  Commission.

  17  	(j)	The Commission shall approve programs and program amendments that
  18  meet:

  19  		(1)	The standards set forth in § 8-1808(b)(1) through (3) of this subtitle;
  20  and

  21  		(2)	The criteria adopted by the Commission under § 8-1808 of this
  22  subtitle.

  23  	(k)	Copies of each approved program, as the program is amended or refined
  24  from time to time, shall be maintained by the local jurisdiction and the Commission
  25  in a form available for public inspection.

  26  	(l)	(1)	If the Commission determines that an adopted program contains a
  27  clear mistake, omission, or conflict with the criteria or law, the Commission may:

  28  			(i)	Notify the local jurisdiction of the specific deficiency; and

  29  			(ii)	Request that the jurisdiction submit a proposed program
  30  amendment or program refinement to correct the deficiency.

  31  		(2)	Within 90 days after being notified of any deficiency under
  32  paragraph (1) of this subsection, the local jurisdiction shall submit to the
  33  Commission, as program amendments or program refinements, any proposed changes
  34  that are necessary to correct those deficiencies.

25						SENATE BILL 247 

   1  		(3)	Local project approvals granted under a part of a program that the
   2  Commission has determined to be deficient shall be null and void after notice of the
   3  deficiency.

   4  	(m)	(1)	The Commission may adopt regulations that prescribe the procedures
   5  and information requirements for program amendments and program refinements.

   6  		(2)	In the absence of regulations under paragraph (1) of this subsection,
   7  a local jurisdiction may propose changes to adopted programs. Within 10 working
   8  days of receiving a proposal under this paragraph, the Commission shall:

   9  			(i)	Mail a notification to the local jurisdiction that the proposal has
  10  been accepted for processing; or

  11  			(ii)	Return the proposal as incomplete.

  12  	(n)	A local jurisdiction may specify whether it intends a proposed change to be
  13  a program amendment or program refinement. However, the Commission shall treat
  14  a proposed change as a program amendment unless the chairman determines that the
  15  proposed change is a program refinement.

  16  	(o)	(1)	For proposed program amendments, a Commission panel shall hold a
  17  public hearing in the local jurisdiction, and the Commission shall act on the proposed
  18  program amendment within 90 days of the Commission's acceptance of the proposal.
  19  If action by the Commission is not taken within 90 days, the proposed program
  20  amendment is deemed approved.

  21  		(2)	The local jurisdiction shall incorporate the approved program
  22  amendment into the adopted program within 120 days of receiving notice from the
  23  Commission that the program amendment has been approved.

  24  	(p)	(1) Proposed program refinements shall be determined as provided in this
  25  subsection.

  26  		(2)	(i)	Within 30 days of the Commission's acceptance of a proposal to
  27  change an adopted program, the chairman, on behalf of the Commission, may
  28  determine that the proposed change is a program refinement. Immediately upon
  29  making a determination under this paragraph, the chairman shall notify the
  30  Commission of that determination.

  31  			(ii)	If a proposed change that was specifically submitted as a
  32  program refinement is not acted on by the chairman within the 30-day period, the
  33  Commission shall notify the appropriate local jurisdiction that the proposed change
  34  has been deemed to be a program amendment.

  35  		(3)	(i)	The Commission may vote to override the chairman's
  36  determination only at the first Commission meeting where a quorum is present
  37  following the chairman's determination.

26						SENATE BILL 247 

   1  			(ii)	If the chairman's determination is overridden, the proposed
   2  change is deemed a program amendment, which shall be decided by the Commission
   3  in accordance with the procedures for program amendments provided in this section,
   4  except that the Commission shall act on the program amendment within 60 days
   5  after a vote to override the chairman.

   6  			(iii)	If the chairman's determination is not overridden, within 10
   7  working days after the opportunity to override the chairman's decision under item (i)
   8  of this paragraph, the chairman, on behalf of the Commission, shall:

   9  				1.	Approve the proposed program refinement and notify the
  10  local jurisdiction;

  11  				2.	Deny the program refinement; or

  12  				3.	Send the proposed program refinement back to the local
  13  jurisdiction with a list of specific changes to be made.

  14  			(iv)	Within 10 working days of receiving a changed program
  15  refinement changed in accordance with item (iii)3 of this paragraph, the chairman
  16  shall approve or deny the program refinement.

  17  		(4)	A local jurisdiction shall incorporate an approved program
  18  refinement into its adopted program within 120 days of receiving notice from the
  19  chairman that the program refinement has been approved.

  20  	(q)	As necessary, a local jurisdiction may combine any or all proposed program
  21  amendments or program refinements required for a specific project approval into a
  22  single request to the Commission for program amendment, program refinement, or
  23  both. Approval by the Commission of a program amendment, program refinement, or
  24  both does not affect the Commission's authority to receive notice of or intervene in a
  25  project approval that was not specifically approved by the Commission as part of its
  26  approval of a program amendment or program refinement.

  27  	(r)	Within 6 months after the adoption of amended criteria, a local jurisdiction
  28  shall send to the Commission:

  29  		(1)	Proposed program amendments or program refinements that address
  30  the amended criteria; or

  31  		(2)	A statement describing how the adopted program conforms to the
  32  amended criteria and certifying that the adopted program is consistent with the
  33  amended criteria.

  34  	(s)	If the Commission adopts a regulation concerning the use of the growth
  35  allocation, any use of the growth allocation must be in accordance with that
  36  regulation for the change to be considered a program refinement.

27						SENATE BILL 247 

   1  8-1810. 

   2  	(a)	If a local jurisdiction fails to notify the Commission that the local
   3  jurisdiction will develop a program, fails to submit a proposed program or changed
   4  proposal on time, or fails to obtain Commission approval of a proposed program or
   5  changed proposal that is submitted, the Commission shall prepare and adopt a
   6  program that satisfies the criteria adopted under § 8-1808 of this subtitle for the part
   7  of the Chesapeake Bay Critical Area OR ATLANTIC COASTAL BAYS CRITICAL AREA in
   8  that local jurisdiction.

   9  	(b)	Where a local jurisdiction failed to adopt or obtain Commission approval of
  10  a program, the Commission shall adopt a program for that jurisdiction by adopting
  11  regulations in accordance with Title 2, Subtitle 5 (Joint Committee on Administrative,
  12  Executive, and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure
  13  Act) of the State Government article. Before the full Commission adopts a program
  14  under this subsection, the Commission shall appoint a panel of 3 of the Commission's
  15  members to conduct in the affected jurisdiction at least 2 public hearings at least 10
  16  days apart on the proposed program, for which 2 weeks notice shall be published in a
  17  newspaper of general circulation in the local jurisdiction. A program adopted by the
  18  Commission under this subsection shall supersede any inconsistent local laws,
  19  ordinances, or plans.

  20  	(c)	If the Commission adopts a program for a local jurisdiction, the program
  21  shall be implemented and enforced by local authorities in the same manner as if the
  22  program had been adopted by the local jurisdiction itself.

  23  	(d)	If, at any time after the Commission has adopted a program for a local
  24  jurisdiction, the local jurisdiction submits an alternative program of its own that
  25  satisfies the criteria adopted under § 8-1808 this subtitle and is approved by the
  26  Commission, the alternative program supersedes the program adopted by the
  27  Commission.

  28  8-1811. 

  29  	(a)	From the effective date of a program approved or adopted by the
  30  Commission, a project approval that involves land located in the Chesapeake Bay
  31  Critical Area OR THE ATLANTIC COASTAL BAYS CRITICAL AREA may not be granted
  32  unless the project approval is consistent and complies with the program.

  33  8-1812. 

  34  	(a)	After the Commission has approved or adopted a program, the chairman of
  35  the Commission has standing and the right and authority to initiate or intervene in
  36  any administrative, judicial, or other original proceeding or appeal in this State
  37  concerning a project approval in the Chesapeake Bay Critical Area OR THE ATLANTIC
  38  COASTAL BAYS CRITICAL AREA. The chairman may exercise this intervention
  39  authority without first obtaining approval from the Commission, but the chairman
  40  shall send prompt written notice of any intervention or initiation of action under this
  41  section to each member of the Commission. The chairman shall withdraw the
  42  intervention or action initiated if, within 35 days after the date of the chairman's 

28						SENATE BILL 247 

   1  notice, at least 13 members indicate disapproval of the action, either in writing
   2  addressed to the chairman or by vote at a meeting of the Commission. A member
   3  representing the local jurisdiction affected by the chairman's intervention or action
   4  may request a meeting of the Commission to vote on the chairman's intervention or
   5  action.

   6  8-1813. 

   7  	(a)	From June 1, 1984 with regard to any subdivision plat approval or
   8  approval of a zoning amendment, variance, special exemption, conditional use permit,
   9  or use of a floating zone, affecting any land or water area located within the initial
  10  planning area identified in § 8-1807(a) of this subtitle, for which application is
  11  completed after that date, the approving authority of the local jurisdiction in
  12  rendering its decision to approve an application shall make specific findings that:

  13  		(1)	The proposed development will minimize adverse impacts on water
  14  quality that result from pollutants that are discharged from structures or
  15  conveyances or that have run off from surrounding lands; and

  16  		(2)	The applicant has identified fish, wildlife, and plant habitat which
  17  may be adversely affected by the proposed development and has designed the
  18  development so as to protect those identified habitats whose loss would substantially
  19  diminish the continued ability of populations of affected species to sustain
  20  themselves.

  21  	(B)	ON OR AFTER JUNE 1, 2002, WITH REGARD TO ANY SUBDIVISION PLAT
  22  APPROVAL OR APPROVAL OF A ZONING AMENDMENT, VARIANCE, SPECIAL
  23  EXEMPTION, CONDITIONAL USE PERMIT, OR USE OF A FLOATING ZONE, AFFECTING
  24  ANY LAND OR WATER AREA LOCATED WITHIN THE INITIAL PLANNING AREA
  25  IDENTIFIED IN § 8-1807(B) OF THIS SUBTITLE, FOR WHICH APPLICATION IS
  26  COMPLETED AFTER THAT DATE, THE APPROVING AUTHORITY OF THE LOCAL
  27  JURISDICTION IN RENDERING ITS DECISION TO APPROVE AN APPLICATION SHALL
  28  MAKE SPECIFIC FINDINGS THAT:

  29  		(1)	THE PROPOSED DEVELOPMENT WILL MINIMIZE ADVERSE IMPACTS
  30  ON WATER QUALITY THAT RESULT FROM POLLUTANTS THAT ARE DISCHARGED
  31  FROM STRUCTURES OR CONVEYANCES OR THAT HAVE RUN OFF FROM
  32  SURROUNDING LANDS; AND

  33  		(2)	THE APPLICANT HAS IDENTIFIED FISH, WILDLIFE, AND PLANT
  34  HABITAT WHICH MAY BE ADVERSELY AFFECTED BY THE PROPOSED DEVELOPMENT
  35  AND HAS DESIGNED THE DEVELOPMENT SO AS TO PROTECT THOSE IDENTIFIED
  36  HABITATS WHOSE LOSS WOULD SUBSTANTIALLY DIMINISH THE CONTINUED ABILITY
  37  OF POPULATIONS OF AFFECTED SPECIES TO SUSTAIN THEMSELVES.

  38  	[(b)]	(C)	With regard to any application for project approval described in
  39  [subsection (a)] SUBSECTION (A) OR (B) of this section, a local approving authority
  40  shall require any additional information from an applicant as is necessary in order to
  41  make the findings required by [subsection (a)] SUBSECTION (A) OR (B) of this section.

29						SENATE BILL 247 

   1  	[(c)]	(D)	This section shall remain in effect in a local jurisdiction until such
   2  time as an approved program becomes effective.

   3  	[(d)]	(E)	This section does not apply to any application IN THE CHESAPEAKE
   4  BAY CRITICAL AREA initially filed prior to March 1, 1984 OR ANY APPLICATION IN
   5  THE ATLANTIC COASTAL BAYS CRITICAL AREA FILED PRIOR TO JUNE 1, 2002.

   6  8-1813.1.

   7  	(A)	EXCEPT AS PROVIDED IN SUBSECTION (B) SUBSECTIONS (B), (C), AND (D)
   8  OF THIS SECTION, A LOCAL JURISDICTION IN THE ATLANTIC COASTAL BAYS
   9  CRITICAL AREA SHALL PERMIT A SINGLE LOT OR PARCEL OF LAND THAT WAS
  10  LEGALLY OF RECORD ON THE DATE OF PROGRAM APPROVAL TO BE DEVELOPED
  11  WITH A SINGLE FAMILY DWELLING, IF A DWELLING IS NOT ALREADY PLACED THERE,
  12  NOTWITHSTANDING THAT SUCH DEVELOPMENT MAY BE INCONSISTENT WITH THE
  13  APPROVED DENSITY PROVISIONS OF THE APPROVED LOCAL PROGRAM, AND
  14  PROVIDED THAT:

  15  		(1)	THE LOCAL JURISDICTION DEVELOPS, AS PART OF ITS PROGRAM,
  16  PROCEDURES TO BRING THESE THE LOTS OR LANDS INTO CONFORMANCE WITH THE
  17  LOCAL CRITICAL AREA PROGRAM AS FAR AS TO THE EXTENT POSSIBLE, INCLUDING
  18  THE CONSOLIDATION OR RECONFIGURATION OF LOTS NOT INDIVIDUALLY OWNED,
  19  AND THESE; AND

  20  		(2)	THE PROCEDURES DEVELOPED IN ACCORDANCE WITH ITEM (1) OF
  21  THIS SUBSECTION ARE APPROVED BY THE COMMISSION.

  22  	(B)	LAND THAT WAS SUBDIVIDED INTO RECORDED AND LEGALLY BUILDABLE
  23  LOTS FOR WHICH THE SUBDIVISION RECEIVED THE LOCAL JURISDICTION'S FINAL
  24  APPROVAL AFTER APRIL 17, 2001 JUNE 1, 2002 BUT PRIOR TO PROGRAM APPROVAL
  25  MAY BE DEVELOPED WITH A SINGLE FAMILY DWELLING, IF A SINGLE FAMILY
  26  DWELLING IS NOT ALREADY PLACED THERE, PROVIDED THAT:

  27  		(1)	DEVELOPMENT OF THE LAND CONFORMS TO THE REQUIREMENTS
  28  OF THIS TITLE AND TITLE 27 OF THE CODE OF MARYLAND REGULATIONS; OR

  29  		(2)	THE AREA OF LAND IS COUNTED BY DEDUCTED FROM THE LOCAL
  30  JURISDICTION AGAINST THE GROWTH INCREMENT JURISDICTION'S GROWTH
  31  ALLOCATION IN ACCORDANCE WITH § 8-1808.1(B) OF THIS TITLE SUBTITLE AND
  32  COMAR 27.01.02.06.

  33  	(C)	(1)	(I)	IN THIS SUBSECTION AND SUBSECTION (D) OF THIS SECTION
  34  THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

  35  			(II)	"BAYSIDE MIXED USE DISTRICT" MEANS A DISTRICT OF
  36  EXISTING LARGE BAYSIDE PARCELS THAT:

  37  				1.	ARE ESSENTIALLY UNDEVELOPED WITH PERMANENT
  38  STRUCTURES;

30						SENATE BILL 247 

   1  				2.	ARE SUITABLE FOR LARGE-SCALE COMMERCIAL OR
   2  MIXED USE DEVELOPMENT; AND

   3  				3.	OFFER THE OPPORTUNITY FOR WELL-PLANNED,
   4  EFFICIENT, AND DIVERSIFIED COMPREHENSIVE DEVELOPMENT.

   5  			(III)	1.	"PLANNED UNIT DEVELOPMENT" MEANS A
   6  DEVELOPMENT COMPRISED OF A COMBINATION OF LAND USES OR VARYING
   7  INTENSITIES OF THE SAME LAND USE IN ACCORDANCE WITH AN INTEGRATED PLAN
   8  THAT PROVIDES FLEXIBILITY IN LAND USE DESIGN APPROVED BY THE LOCAL
   9  JURISDICTION.

  10  				2.	"PLANNED UNIT DEVELOPMENT" INCLUDES A
  11  RESIDENTIAL PLANNED COMMUNITY.

  12  		(2)	A PLANNED UNIT DEVELOPMENT IN A BAYSIDE MIXED USE DISTRICT
  13  THAT HAS RECEIVED THE LOCAL JURISDICTION'S FINAL SITE APPROVAL AND IS
  14  LEGALLY BUILDABLE AFTER DECEMBER 1, 2001 JUNE 1, 2002 BUT PRIOR TO PROGRAM
  15  APPROVAL MAY BE DEVELOPED IF:

  16  			(I)	DEVELOPMENT OF THE LAND CONFORMS TO THE
  17  REQUIREMENTS OF THIS TITLE AND TITLE 27 OF THE CODE OF MARYLAND
  18  REGULATIONS;

  19  			(II)	THE AREA IS DEDUCTED FROM THE LOCAL JURISDICTION'S
  20  GROWTH ALLOCATION IN ACCORDANCE WITH § 8-1808.1(B) OF THIS SUBTITLE AND
  21  COMAR 27.01.02.06; OR

  22  			(III)	THE LAND:

  23  				1.	IS DESIGNATED AS AN INTENSELY DEVELOPED AREA;

  24  				2.	IS EXEMPTED FROM THE BUFFER DESIGNATION IN
  25  COMAR 27.01.09; AND

  26  				3.	IS PART OF A PROJECT THAT COMPLIES WITH TITLE 4,
  27  SUBTITLE 2 OF THE ENVIRONMENT ARTICLE.

  28  	(D)	A LOCAL JURISDICTION MAY INCLUDE IN THE JURISDICTION'S LOCAL
  29  CRITICAL AREA PROTECTION PROGRAM, TO BE APPROVED BY THE COMMISSION, AN
  30  ALTERNATIVE BUFFER PROVISION FOR THE DEVELOPMENT OF A PLANNED UNIT
  31  DEVELOPMENT IN ACCORDANCE WITH THE PLANNED UNIT DEVELOPMENT'S STEP III
  32  APPROVAL, PROVIDED THAT:

  33  		(1)	THE PLANNED UNIT DEVELOPMENT RECEIVED STEP III APPROVAL
  34  FROM THE LOCAL JURISDICTION PRIOR TO DECEMBER 1, 2001 JUNE 1, 2002;

  35  		(2)	THE PLANNED UNIT DEVELOPMENT HAS RECEIVED THE LOCAL
  36  JURISDICTION'S FINAL SUBDIVISION APPROVAL AND IS LEGALLY BUILDABLE AFTER
  37  DECEMBER 1, 2001 JUNE 1, 2002 BUT PRIOR TO PROGRAM APPROVAL;

31						SENATE BILL 247 

   1  		(3)	THE AREA IS DEDUCTED FROM THE LOCAL JURISDICTION'S GROWTH
   2  ALLOCATION IN ACCORDANCE WITH § 8-1808.1(B) OF THIS SUBTITLE AND COMAR
   3  27.01.02.06, IF APPLICABLE;

   4  		(4)	THE PROVISION INCLUDES MEASURES THAT PROTECT WATER
   5  QUALITY AND FISH, WILDLIFE, AND PLANT HABITATS IN ACCORDANCE WITH THE
   6  INTENT OF TITLE 8, SUBTITLE 18 OF THIS ARTICLE AND TITLE 27 OF THE CODE OF
   7  MARYLAND REGULATIONS; AND

   8  		(5)	AT LEAST 75% OF THE DWELLING UNITS IN THE PLANNED UNIT
   9  DEVELOPMENT COMPLY WITH THE BUFFER REQUIREMENTS IN COMAR 27.01.09.01
  10  AND NO DWELLING UNIT HAS A BUFFER OF LESS THAN 50 FEET FROM EXISTING OR
  11  PROPOSED TIDAL WATERS, TIDAL WETLANDS, OR TRIBUTARY STREAMS.

  12  	(C)	(E)	FOR PURPOSES OF IMPLEMENTING THIS SUBTITLE, A LOCAL
  13  JURISDICTION IN THE ATLANTIC COASTAL BAYS CRITICAL AREA SHALL HAVE
  14  DETERMINED, BASED ON LAND USES AND DEVELOPMENT IN EXISTENCE ON APRIL
  15  17, 2001 JUNE 1, 2002, WHICH LAND AREAS FALL INTO THE THREE TYPES OF
  16  DEVELOPMENT AREAS IN ACCORDANCE WITH TITLE 27 OF THE CODE OF MARYLAND
  17  REGULATIONS.

  18  8-1815.1.

  19  	(a)	(1)	The provisions of this section are in addition to any other sanction,
  20  remedy, or penalty provided by law.

  21  		(2)	This section does not apply to any cutting or clearing of trees that is
  22  allowed under regulations adopted by the Commission under this subtitle.

  23  	(b)	If a person cuts or clears or plans to cut or clear trees within the
  24  Chesapeake Bay Critical Area OR ATLANTIC COASTAL BAYS CRITICAL AREA in
  25  violation of regulations adopted by the Commission, the local jurisdiction may bring
  26  an action:

  27  		(1)	To require the person to replant trees where the cutting or clearing
  28  occurred in accordance with a plan prepared by the State Forester, a registered
  29  professional forester, or a registered landscape architect;

  30  		(2)	To restrain the planned violation; or

  31  		(3)	For damages:

  32  			(i)	To be assessed by a circuit court in an amount equal to the
  33  estimated cost of replanting trees; and

  34  			(ii)	To be paid to the Department by the person found to have
  35  violated the provisions of this subsection.

  36  	(c)	If the Chairman of the Commission has reason to believe that the local
  37  jurisdiction is failing to enforce the requirements of subsection (b) of this section, the 

32						SENATE BILL 247 

   1  Chairman shall refer the matter to the Attorney General as provided under § 8-1815
   2  (b) of this subtitle.

   3  	(d)	On the Chairman of the Commission's referral of an alleged violation
   4  under subsection (c) of this section to the Attorney General, the Attorney General may
   5  invoke the remedies available to the local jurisdiction under subsection (b) of this
   6  section in any court of competent jurisdiction in which the local jurisdiction would be
   7  authorized to prosecute or sue.

   8  	(e)	On the request of a local jurisdiction or the Chairman of the Commission,
   9  the State Forester, a registered professional forester, or a registered landscape
  10  architect may prepare, oversee, and approve the final implementation of a plan to:

  11  		(1)	[replant] REPLANT trees in any part of the Chesapeake Bay Critical
  12  Area where trees IN THE CHESAPEAKE BAY CRITICAL AREA are cut or cleared in
  13  violation of subsection (b) of this section; AND

  14  		(2)	REPLANT TREES IN ANY PART OF THE ATLANTIC COASTAL BAYS
  15  CRITICAL AREA WHERE TREES IN THE ATLANTIC COASTAL BAYS CRITICAL AREA ARE
  16  CUT OR CLEARED IN VIOLATION OF SUBSECTION (B) OF THIS SECTION.

  17  8-1817. 

  18  	(a)	By January 1, 1994, the [Chesapeake Bay Critical Area] Commission
  19  shall adopt criteria that assure the protection of land and water resources in the
  20  critical area and that shall apply throughout the [Chesapeake Bay] Critical Area for:

  21  		(1)	Production of oil or natural gas on lands or waters leased by the
  22  State; and

  23  		(2)	Exploration or production of oil or natural gas on any lands in the
  24  critical area.

  25  	(b)	(1)	In addition to other applicable provisions of law, an applicant for any
  26  production or exploratory drilling that will occur on, in, under, or through the
  27  [Chesapeake Bay] Critical Area, including wells drilled outside the critical area by a
  28  method known as slant drilling that will pass through the critical area, shall complete
  29  and submit with the application an environmental impact study that addresses the
  30  potential for any adverse environmental effects on the critical area as a result of the
  31  drilling.

  32  		(2)	(i)	The Department shall forward a copy of the permit application
  33  and the environmental impact study referred to in paragraph (1) of this subsection to
  34  the [Critical Area] Commission for its review and comment.

  35  			(ii)	The Department shall consider and comment in writing on the
  36  objections and concerns of the [Critical Area] Commission before issuing a permit
  37  under this subsection.

33						SENATE BILL 247 

   1  					Article - Environment

   2  16-201. 

   3  	(a)	(1)	A person who is the owner of land bounding on navigable water is
   4  entitled to any natural accretion to the person's land, to reclaim fast land lost by
   5  erosion or avulsion during the person's ownership of the land to the extent of provable
   6  existing boundaries. The person may make improvements into the water in front of
   7  the land to preserve that person's access to the navigable water or protect the shore of
   8  that person against erosion. After an improvement has been constructed, the
   9  improvement is the property of the owner of the land to which the improvement is
  10  attached. A right covered in this subtitle does not preclude the owner from developing
  11  any other use approved by the Board. The right to reclaim lost fast land relates only
  12  to fast land lost after January 1, 1972, and the burden of proof that the loss occurred
  13  after this date is on the owner of the land.

  14  		(2)	A PERSON EXERCISING THEIR RIGHT TO MAKE IMPROVEMENTS INTO
  15  THE WATER IN FRONT OF THE LAND TO PRESERVE THAT PERSON'S ACCESS TO THE
  16  NAVIGABLE WATER UNDER SUBSECTION (A)(1) OF THIS SECTION MAY NOT EXTEND
  17  THE IMPROVEMENTS MORE THAN 25 75 FEET OVER VEGETATED STATE WETLANDS IN
  18  THE ATLANTIC COASTAL BAYS CRITICAL AREA AS DEFINED UNDER TITLE 8,
  19  SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE.

  20  		(3)	(I)	A PERSON IN THE ATLANTIC COASTAL BAYS CRITICAL AREA
  21  MAY EXTEND IMPROVEMENTS MORE THAN 75 FEET OVER STATE WETLANDS
  22  PURSUANT TO A PLAN SUBMITTED BY A LOCAL JURISDICTION AND APPROVED BY
  23  THE DEPARTMENT AND THE CRITICAL AREA COMMISSION FOR THE CHESAPEAKE
  24  AND ATLANTIC COASTAL BAYS.

  25  			(II)	ANY PLAN APPROVED UNDER SUBPARAGRAPH (I) OF THIS
  26  PARAGRAPH SHALL INCLUDE CRITERIA FOR THE PROTECTION OF WATER QUALITY
  27  AND FISH, WILDLIFE, AND PLANT HABITATS AND SHALL COMPREHENSIVELY
  28  ADDRESS THE USE AND CONSTRUCTION OF PRIVATE AND COMMUNITY PIERS IN THE
  29  LOCAL JURISDICTION.

  30  			(III)	THE DEPARTMENT SHALL ASSIST A LOCAL JURISDICTION IN
  31  THE PREPARATION OF THE PLAN REQUIRED UNDER SUBPARAGRAPH (I) OF THIS
  32  PARAGRAPH.

  33  	(b)	The rights of any person, as defined in this subtitle, which existed prior to
  34  July 1, 1973 in relation to natural accretion of land are deemed to have continued to
  35  be in existence subsequent to July 1, 1973 to July 1, 1978.

  36  16-304. 

  37  	(A)	Notwithstanding any regulation adopted by the Secretary to protect
  38  private wetlands, the following uses are lawful on private wetlands:

  39  		(1)	Conservation of soil, vegetation, water, fish, shellfish, and wildlife;

34						SENATE BILL 247 

   1  		(2)	Trapping, hunting, fishing, and catching shellfish, if otherwise
   2  legally permitted;

   3  		(3)	Exercise of riparian rights to improve land bounding on navigable
   4  water, to preserve access to the navigable water, or to protect the shore against
   5  erosion;

   6  		(4)	Reclamation of fast land owned by a natural person and lost during
   7  the person's ownership of the land by erosion or avulsion to the extent of provable
   8  preexisting boundaries. The right to reclaim lost fast land relates only to fast land lost
   9  after January 1, 1972. The burden of proof that the loss occurred after this date is on
  10  the owner of the land; and

  11  		(5)	Routine maintenance and repair of existing bulkheads, provided that
  12  there is no addition or channelward encroachment.

  13  	(B)	A PERSON EXERCISING THEIR RIGHT TO MAKE IMPROVEMENTS INTO THE
  14  WATER IN FRONT OF THE LAND TO PRESERVE THAT PERSON'S ACCESS TO THE
  15  NAVIGABLE WATER UNDER SUBSECTION (A)(3) OF THIS SECTION MAY NOT EXTEND
  16  THE IMPROVEMENTS MORE THAN 25 75 FEET OVER VEGETATED PRIVATE WETLANDS
  17  IN THE ATLANTIC COASTAL BAYS CRITICAL AREA AS DEFINED UNDER TITLE 8,
  18  SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE.

  19  	(C)	(1)	A PERSON IN THE ATLANTIC COASTAL BAYS CRITICAL AREA MAY
  20  EXTEND IMPROVEMENTS MORE THAN 75 FEET OVER STATE PRIVATE WETLANDS
  21  PURSUANT TO A PLAN SUBMITTED BY A LOCAL JURISDICTION AND APPROVED BY
  22  THE DEPARTMENT AND THE CRITICAL AREA COMMISSION FOR THE CHESAPEAKE
  23  AND ATLANTIC COASTAL BAYS.

  24  		(2)	ANY PLAN APPROVED UNDER PARAGRAPH (1) OF THIS SUBSECTION
  25  SHALL INCLUDE CRITERIA FOR THE PROTECTION OF WATER QUALITY AND FISH,
  26  WILDLIFE, AND PLANT HABITATS AND SHALL COMPREHENSIVELY ADDRESS THE USE
  27  AND CONSTRUCTION OF PRIVATE AND COMMUNITY PIERS IN THE LOCAL
  28  JURISDICTION.

  29  		(3)	THE DEPARTMENT SHALL ASSIST A LOCAL JURISDICTION IN THE
  30  PREPARATION OF THE PLAN REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION.

  31  	SECTION 2. AND BE IT FURTHER ENACTED, That:

  32  	(a)	(1)	Except as provided in subsection (b) of this section, this Act may not be
  33  construed to apply to the initial development of a planned unit development, as defined
  34  in § 5-1601 of the Natural Resources Article, and including a residential planned
  35  community:

  36  			(i)	for which the following are issued prior to June 1, 2002:

  37  				1.	a valid Step III approval in accordance with the current
  38  Worcester County Zoning and Subdivision Control Ordinance; and

35						SENATE BILL 247 

   1  				2.	at least 3 of the following State permits:

   2  				A.	groundwater discharge or surface water discharge;

   3  				B.	nontidal wetlands;

   4  				C.	water quality certification; and

   5  				D.	water appropriation; and

   6  			(ii)	which is subdivided into recorded and legally buildable lots.

   7  		(2)	The growth allocation for Worcester County's Atlantic Coastal Bays
   8  resource conservation area shall be reduced by an amount equal to the total acreage
   9  exempted under this subsection that is or would be located in a resource conservation
  10  area multiplied by 25%.

  11  	(b)	(1)	Except as provided in paragraph (2) of this subsection, if a planned
  12  unit development described in subsection (a) of this section includes an inland marina
  13  built after April 8, 2002:

  14  			(i)	at least 85% of the dwelling units in the planned unit
  15  development shall comply with the buffer requirements in COMAR 27.01.09.01; and

  16  			(ii)	no dwelling unit may have a buffer of less than 50 feet from
  17  existing or proposed tidal waters, tidal wetlands, or tributary streams.

  18  		(2)	Paragraph (1) of this subsection may not apply to those dwelling units
  19  immediately adjacent to tidal waters in an inland marina built after April 8, 2002.

  20  	SECTION 3. AND BE IT FURTHER ENACTED, That, for the purpose of
  21  making improvements, this Act may not be construed to apply to a property:

  22  	(1)	that, as of January 1, 2002, has received a valid special exception for
  23  fairground or racetrack use in an agricultural district; and

  24  	(2)	is used consistently with that special exception.

  25  	SECTION 4. AND BE IT FURTHER ENACTED, That this Act may not be
  26  construed to apply to the initial development of the undeveloped property in Ocean
  27  City, Maryland, known locally as "Holland's Island," in accordance with the final site
  28  plan approval received on March 27, 2002.

  29  	SECTION 5. AND BE IT FURTHER ENACTED, That this Act may not be
  30  construed to apply to the initial development of the Young Men's Christian Association
  31  facility located as follows: Starting at a point in Worcester County at the intersection of
  32  Gum Point Road and the Wilkerson-Steen property line, proceeding north to the
  33  Caffi-Steen line, following on to the Park-Steen line, on to the Chamberlain-Steen
  34  line, to the Parsons-Steen line, to the Wyatt-Steen line, at which point the line turns
  35  east on the Wyatt-Steen line, turning north at the Wyatt-Steen boundary line to the
  36  Ocean Pines Association-Steen southern boundary line with Ocean Pines, then 

36						SENATE BILL 247 

   1  turning east along the Ocean Pines-Steen line to the northern stream and ditch at
   2  Mud Creek, then follows the stream and ditch to Gum Point Road, then along Gum
   3  Point Road to the starting point.

   4  	SECTION 6. AND BE IT FURTHER ENACTED, That:

   5  	(1)	Section 5 of this Act shall take effect only if, on or before July 1, 2003:

   6  		(i)	the property described under Section 5 of this Act has been acquired
   7  by the Young Men's Christian Association; and

   8  		(ii)	three of the four following State permits are issued to the YMCA:

   9  			1.	groundwater discharge or surface water discharge;

  10  			2.	nontidal wetlands;

  11  			3.	water quality certification; and

  12  			4.	water appropriation; and

  13  	(2)	If the events described under paragraph (1) of this section do not occur on or
  14  before July 1, 2003, with no further action required by the General Assembly, Section
  15  5 of this Act shall be abrogated and of no further force and effect after July 1, 2003.

  16  	(3)	If the events described under paragraph (1) of this section occur, the
  17  property remains subject to the growth allocation provisions of the Critical Area law
  18  and regulations.

  19  	SECTION 2. 5. 7. AND BE IT FURTHER ENACTED, That this Act shall take
  20  effect June 1, 2002.