WILLIAM DONALD SCHAEFER, Governor Ch. 6

(2) [Nothing in this section shall] THIS SECTION DOES NOT prohibit
or restrict the Board of Public Works from issuing a license for a project involving the
construction of a dwelling unit or other [non-water] NONWATER dependent
structure on a pier located within the critical area that was issued a permit by the
Secretary on or before January 1, 1989.

(3) The Board of Public Works may issue a license for a project involving
the construction of a dwelling unit or other [non-water] NONWATER dependent
structure on a pier located on State wetlands if:

(i) The project is constructed on a pier in existence as of December
1, 1985 that can be verified by a Department of Natural Resources aerial photograph
dated 1985, accompanied by a map of the area;

(ii) The project does not require an expansion of the pier greater
than 25 [percent] % of the area of piers or dry docks removed on the same property;
however, additional expansion may be allowed in the amount of 10 [percent] % of the
water coverage eliminated by removing complete piers from the same or other
properties. If the horizontal surface area of a pier to be removed is not intact but the
remaining pilings identify its previous size, that area may be used in determining the
additional expansion permitted. The project expansion based on water coverage
eliminated can be considered only if all nonfunctional piers on the property are
removed except for the project pier. [In no case shall the] THE total expansion MAY
NOT exceed 35 [percent] % of the original size of the piers and dry docks removed;

(iii) The project is approved by local planning and zoning authorities;

(iv) The project is located in an intensely developed area, as
designated in programs adopted or approved by the CHESAPEAKE BAY Critical Area
Commission under Title 8, Subtitle 18 of this article; and

(v) The project allows public access to tidal waters, if appropriate.

(4) Except for projects under paragraph (2) of this subsection, and in
addition to all other provisions of this section, all projects involving the construction of
a dwelling unit or other [non-water] NONWATER dependent facility on a pier located
on State or private wetlands within the Chesapeake Bay Critical Area may not be issued
a wetlands 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

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