HARRY HUGHES, Governor

3765

(2) THE APPLICANT HAS IDENTIFIED FISH, WILDLIFE, AND
PLANT HABITAT WHICH MAY BE ADVERSELY AFFECTED BY THE PROPOSED
DEVELOPMENT AND HAS DESIGNED THE DEVELOPMENT SO AS TO PROTECT
THOSE IDENTIFIED HABITATS WHOSE LOSS WOULD SUBSTANTIALLY DIMINISH
THE CONTINUED ABILITY OF POPULATIONS OF AFFECTED SPECIES TO
SUSTAIN THEMSELVES.

(B) WITH REGARD TO ANY APPLICATION FOR PROJECT APPROVAL
DESCRIBED IN SUBSECTION (A) OF THIS SECTION, A LOCAL APPROVING
AUTHORITY SHALL REQUIRE SUCH ADDITIONAL INFORMATION FROM AN
APPLICANT AS IS NECESSARY IN ORDER TO MAKE THE FINDINGS REQUIRED
BY SUBSECTION (A).

(C) THIS SECTION SHALL REMAIN IN EFFECT IN A LOCAL
JURISDICTION UNTIL SUCH TIME AS AN APPROVED PROGRAM BECOMES
EFFECTIVE.

(D) THIS SECTION DOES NOT APPLY TO ANY APPLICATION
INITIALLY FILED PRIOR TO MARCH 1, 1984.

8-1815. 8-1814.

(A)  AFTER 760 DAYS HAVE ELAPSED FROM THE DATE UPON WHICH
CRITERIA ADOPTED BY THE COMMISSION BECOME EFFECTIVE, ANY STATE OR
LOCAL AGENCY THAT PROPOSES DEVELOPMENT WHICH HAS NOT BEEN SUBJECT
TO PROJECT APPROVAL BY THE LOCAL JURISDICTION UNDER AN APPROVED
PROGRAM, INCLUDING BUILDINGS, TREATMENT PLANTS, ROADS, RAILROADS,
AND AIRPORTS, IN THE CHESAPEAKE BAY CRITICAL AREA SHALL, BEFORE
IT BEGINS THE DEVELOPMENT, RECEIVE THE APPROVAL OF THE COMMISSION
IN ACCORDANCE WITH PROCEDURES OR EXCEPTIONS SET FORTH IN
REGULATIONS ADOPTED BY THE COMMISSION USING THE STANDARDS SET
FORTH IN § 8-1808(B)(1) THROUGH (4)(3) OF THIS SUBTITLE. THESE
REGULATIONS SHALL BE PROMULGATED ON OR BEFORE SEPTEMBER 1, 1987,
AND ONLY AFTER CONSULTATION WITH AFFECTED STATE AND LOCAL
AGENCIES.

(B)  THE SECRETARY SHALL CONSULT WITH THE COMMISSION IN
MAKING CONSISTENCY DETERMINATIONS UNDER THE FEDERAL COASTAL ZONE
MANAGEMENT PROGRAM.

(C)  THIS SUBTITLE IS NOT INTENDED TO RELIEVE ANY OBLIGATION
OTHERWISE IMPOSED BY LAW OR REGULATION TO OBTAIN LICENSES,
PERMITS, OR APPROVALS FROM STATE AND LOCAL REGULATORY AGENCIES
OR TO COMPLY WITH APPLICABLE STATE AND LOCAL REGULATORY
PROHIBITIONS OR RESTRICTIONS.

8-1816. 8-1815.

(A) (1) THE COMMISSION MAY REQUEST A LOCAL JURISDICTION
THAT HAS NOT PROSECUTED OR SOUGHT TO PENALIZE OR PREVENT AN
ALLEGED VIOLATION OF ITS PROGRAM TO BEGIN IN INVESTIGATION OF THE
ALLEGED VIOLATION WITHIN 30 DAYS AFTER THE REQUEST.

(2) IF THE LOCAL JURISDICTION FAILS TO BEGIN

PROCEEDINGS AGAINST THE PERSON RESPONSIBLE FOR THE ALLEGED