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Session Laws, 1990 Session
Volume 436, Page 189   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 6

on State or private wetlands within the Critical Area may not be issued a building
permit unless:

(i) The applicant demonstrates that the construction and operation
of the project will not have a long term adverse effect on the water quality of the
adjacent body of water in accordance with standards established by the local
jurisdiction's critical areas program;

(ii) The applicant is required to improve the water quality of existing
stormwater runoff from the project site into adjoining waters in accordance with
standards established by the local jurisdiction's critical areas program; and

(iii) The applicant demonstrates that any sewer lines or other utility
lines extended for the pier will not adversely affect the water quality of adjoining waters
in accordance with standards established by the local jurisdiction's critical areas
program.

8-1809.

(b) If a local jurisdiction states [its] THE LOCAL JURISDICTION'S intent not
to develop a program or fails to submit a timely statement of intent, the Commission
shall prepare and adopt a program for the part of the Chesapeake Bay Critical Area in
that local jurisdiction.

(c) If a local jurisdiction states [its] THE LOCAL JURISDICTION'S intent to
develop a program, [it] THE LOCAL JURISDICTION shall prepare a proposed
program and submit [it] THE PROGRAM to the Commission within 270 days after the
effective date of the criteria adopted under § 8-1808 of this subtitle. However, if the
local jurisdiction submits evidence satisfactory to the Commission that [it] THE
LOCAL JURISDICTION is making reasonable progress in the development of a
program, the Commission may extend this period for up to an additional 180 days.
Before submission of a program to the Commission within the time allowed by this
subsection, a local jurisdiction shall hold at least [one] 1 public hearing on the proposed
program, for which 2-weeks notice shall be published in a newspaper of general
circulation in the local jurisdiction.

(d) (2) Within 90 days after the Commission receives a proposed program
from a local jurisdiction, [it] THE COMMISSION shall [either] approve the proposal
or notify the local jurisdiction of specific changes that must be made in order for the
proposal to be approved. If the Commission does [neither] NEITHER, the proposal
shall be deemed approved.

(3) A changed proposal shall be submitted to the Commission in the same
manner as the original proposal, within 40 days after the Commission's notice. Unless
the Commission approves a changed proposal or disapproves a changed proposal and
states in writing the reasons for [its] THE COMMISSION'S disapproval within 40 days,
the changed proposal shall be deemed approved.

(e) Within 90 days after the Commission approves a proposed program, the local
jurisdiction shall hold hearings and adopt the program in accordance with legislative

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Session Laws, 1990 Session
Volume 436, Page 189   View pdf image (33K)
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