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Session Laws, 2006
Volume 750, Page 3781   View pdf image
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ROBERT L. EHRLICH, JR., Governor
H.B. 1126
8-1808.1. (c) (1) When locating new intensely developed or limited development areas,
local jurisdictions [shall use the following guidelines:] AND THE COMMISSION SHALL
ENSURE THAT THE GUIDELINES IN THIS SUBSECTION HAVE BEEN APPLIED IN A
MANNER THAT IS CONSISTENT WITH THE COMMISSION'S PURPOSE, POLICIES, GOALS,
ALL CRITERIA, AND THE PROVISIONS OF THIS SUBTITLE.
(2) THE GUIDELINES FOR LOCATING NEW INTENSELY DEVELOPED OR
LIMITED DEVELOPMENT AREAS ARE AS FOLLOWS:
[(1) New intensely developed areas should be located in limited
development areas or adjacent to existing intensely developed areas; (2) New limited development areas should be located adjacent to existing
limited development areas or intensely developed areas;] (I)      LOCATE A NEW INTENSELY DEVELOPED AREA SHOULD BE
LOCATED
IN A LIMITED DEVELOPMENT AREA OR ADJACENT TO AN EXISTING
INTENSELY DEVELOPED AREA; (II)     LOCATE A NEW LIMITED DEVELOPMENT AREA SHOULD BE
LOCATED
ADJACENT TO AN EXISTING LIMITED DEVELOPMENT AREA OR AN
INTENSELY DEVELOPED AREA; (III)   LOCATE A NEW LIMITED DEVELOPMENT AREA OR AN
INTENSELY DEVELOPED AREA SHOULD BE LOCATED IN A MANNER THAT MINIMIZES
IMPACTS TO A HABITAT PROTECTION AREA AS DEFINED IN COMAR 27.01.09, AND IN
AN AREA AND MANNER THAT OPTIMIZES BENEFITS TO WATER QUALITY; AND (IV)    LOCATE A NEW INTENSELY DEVELOPED AREA OR A LIMITED
DEVELOPMENT AREA TO BE LOCATED IN A RESOURCE CONSERVATION AREA
SHOULD BE LOCATED AT LEAST 300 FEET BEYOND THE LANDWARD EDGE OF TIDAL
WETLANDS OR TIDAL WATERS; [(3)](V) Except as provided in [paragraph (5)] ITEM (VII) of this
[subsection] PARAGRAPH, no more than one-half of the expansion allocated in the
criteria of the Commission may be located in resource conservation areas; [(4)] (VI) New intensely developed or limited development areas to be
located in the resource conservation area shall conform to all criteria of the
Commission [for intensely developed or limited development areas] and shall be
designated on the comprehensive zoning map submitted by the local jurisdiction as
part of its application to the Commission for program approval or at a later date in
compliance with § 8-1809(g) of this subtitle; and [(5)] (VII) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen
Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester counties, if the county
is unable to utilize a portion of the growth allocated to the county in [paragraphs (1)
and (2)] THIS PARAGRAPH OR PARAGRAPH (1) of this subsection ITEMS (I) AND (II) OF
THIS PARAGRAPH within or adjacent to existing intensely developed or limited
development areas as demonstrated in the local plan approved by the Commission, - 3781 -


 
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Session Laws, 2006
Volume 750, Page 3781   View pdf image
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