HARRY HUGHES, Governor

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(9) MAY DESIGNATE SHORELINE AREAS THAT ARE SUITABLE

FOR PORTS, MARINAS, AND INDUSTRIES THAT USE WATER FOR

TRANSPORTATION OR DERIVE ECONOMIC BENEFITS FROM SHORE ACCESS;

(10) SHALL REQUIRE THAT ALL HARVESTING OF TIMBER IN
THE CHESAPEAKE BAY CRITICAL AREA BE IN ACCORDANCE WITH A PLAN
APPROVED BY THE DISTRICT FORESTRY BOARD;

(11) SHALL REQUIRE THE REMOVAL, WITHIN A PERIOD OF

NOT LESS THAN 5 YEARS, OF MAN-MADE DEBRIS OR UNOCCUPIED

DILAPIDATED STRUCTURES FROM AN AREA EXTENDING 100 FEET FROM THE
MEAN HIGH WATER LINE OF CHESAPEAKE BAY AND TRIBUTARIES AND
STREAMS IDENTIFIED UNDER § 8-1807; AND

(12) SHALL REQUIRE THE INSTALLATION OF NEW UTILITIES
SO AS NOT TO INTERFERE WITH THE SCENIC QUALITIES OF THE
SHORELINE.

(A) THE INITIAL PLANNING AREA . FOR DETERMINATION OF THE
CHESAPEAKE BAY CRITICAL AREA CONSISTS OF:

(1) ALL WATERS OF, ISLANDS IN, AND LANDS UNDER THE
CHESAPEAKE BAY AND ITS TRIBUTARIES TO THE HEAD OF TIDE AS
INDICATED ON THE STATE WETLANDS MAPS, AND ALL STATE AND PRIVATE
WETLANDS DESIGNATED UNDER TITLE 9 OF THIS ARTICLE; AND

(2) ALL LAND AND WATER AREAS WITHIN 1,000 FEET BEYOND
THE LANDWARD BOUNDARIES OF STATE OR PRIVATE WETLANDS AND THE
HEADS OF TIDES DESIGNATED UNDER TITLE 9 OF THIS ARTICLE.

(B) (1) (I) IN DETERMINING THE CHESAPEAKE BAY CRITICAL AREA
WITHIN ITS BOUNDARIES, A LOCAL JURISDICTION MAY EXCLUDE THOSE
PORTIONS OF THE PLANNING AREA DESIGNATED IN SUBSECTION (A) OF
THIS SECTION WHICH THE LOCAL JURISDICTION FINDS TO BE:

1. PART OF A DEVELOPED, URBAN AREA IN
WHICH, IN VIEW OF AVAILABLE PUBLIC FACILITIES AND APPLICABLE LAWS
AND RESTRICTIONS, THE IMPOSITION OF A PROGRAM WOULD NOT
SUBSTANTIALLY IMPROVE PROTECTION OF TIDAL WATER QUALITY OR
CONSERVATION OF FISH, WILDLIFE, OR PLANT HABITATS; OR

2. LOCATED AT LEAST 1,000 FEET FROM OPEN
WATER AND SEPARATED FROM OPEN WATER BY AN AREA OF WETLANDS WHICH
IT IS FOUND WILL SERVE TO PROTECT TIDAL WATER QUALITY AND FISH,
WILDLIFE, OR PLANT HABITATS FROM ADVERSE IMPACTS OF DEVELOPMENT
IN THE EXCLUDED AREA.

(II) A PORTION OF URBAN AREA TO BE EXCLUDED
SHALL BE AT LEAST 50 PERCENT DEVELOPED AND MAY NOT BE LESS THAN
2,640,000 SQUARE FEET IN CONTIGUOUS AREA OR THE ENTIRE INITIAL
PLANNING AREA LOCATED WITHIN THE BOUNDARIES OF A MUNICIPALITY,
WHICHEVER IS LESS.

(2) A LOCAL JURISDICTION SHALL INCLUDE IN ANY PROGRAM
SUBMITTED TO THE COMMISSION UNDER § 8-1809 A DESIGNATION OF THOSE