3764

LAWS OF MARYLAND

Ch. 794

(2) THE LOCAL JURISDICTION SHALL PERMIT SUCH A PERSON
TO TRANSFER OR CONVEY THE RIGHT TO CONSTRUCT 1 SINGLE FAMILY
DWELLING IF THE PERSON HAS NOT EXERCISED THAT RIGHT.

(3) THE LOCAL JURISDICTION SHALL REQUIRE THAT

CONSTRUCTION PERMITTED IN ACCORDANCE WITH THIS SUBSECTION COMPLY

WITH APPLICABLE SETBACK, BUFFER AREA, AND LAND CLEARANCE

REQUIREMENTS OF THE LOCAL JURISDICTION.

(C)(1) IF A PROJECT APPROVAL HAS BEEN GRANTED AND THE TIME
FOR APPEAL HAS NOT EXPIRED BEFORE JULY 1, 1984, THE EXECUTIVE
DIRECTOR OF THE COMMISSION MAY ACT UNDER PARAGRAPH (2) OF THIS
SUBSECTION ON OR BEFORE SEPTEMBER 1, 1984.

(2) DURING THE TIME PERIOD STATED IN PARAGRAPH (1) OF
THIS SUBSECTION, THE EXECUTIVE DIRECTOR MAY:

(I) APPEAL THE PROJECT APPROVAL ON ANY LEGALLY
SUFFICIENT GROUNDS; OR

(II) FILE A CIVIL ACTION IN THE CIRCUIT COURT
FOR THE COUNTY WHERE THE LAND INVOLVED IS LOCATED TO ENJOIN
ACTION PERMITTED BY THE PROJECT APPROVAL ON THE GROUNDS THAT IT
IS LIKELY TO HARM:

1. THE WATER QUALITY OF THE CHESAPEAKE
BAY OR ITS TRIBUTARIES;

2. FISHERIES, WILDLIFE OR PLANT HABITAT
IN THE CHESAPEAKE BAY CRITICAL AREA; OR

3. THE EXISTING SCENIC QUALITIES OF THE
CHESAPEAKE BAY CRITICAL AREA.:

(3) IN A PROCEEDING BROUGHT UNDER PARAGRAPH (2)(II)

OF THIS SUBSECTION, THE CIRCUIT COURT SHALL ENJOIN ACTION

PERMITTED BY A PROJECT APPROVAL IF IT IS CONVINCED BY A
PREPONDERANCE OF THE EVIDENCE THAT THE ACTION IS LIKELY TO CAUSE

THE HARM STATED IN PARAGRAPH (2)(II). THE EXECUTIVE DIRECTOR

NEED NOT DEMONSTRATE A LACK OF AN ADEQUATE REMEDY AT LAW. FROM
JUNE 1, 1984 WITH REGARD TO ANY SUBDIVISION PLAT APPROVAL OR
APPROVAL OF A ZONING AMENDMENT, VARIANCE, SPECIAL EXCEPTION,
CONDITIONAL USE PERMIT OR USE OF A FLOATING ZONE, AFFECTING ANY
LAND OR WATER AREA LOCATED WITHIN THE INITIAL PLANNING AREA
IDENTIFIED IN SECTION 8-1807(A) OF THIS SUBTITLE, FOR WHICH
APPLICATION IS COMPLETED AFTER THAT DATE, THE APPROVING AUTHORITY
OF THE LOCAL JURISDICTION IN RENDERING ITS DECISION TO APPROVE AN
APPLICATION SHALL MAKE SPECIFIC FINDINGS THAT:

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