2122                                          LAWS OF MARYLAND                                      Ch. 604

Preamble

WHEREAS, To protect the Chesapeake Bay, the General Assembly
enacted Chapter 794 of the Acts of 1984; and

WHEREAS, Under Chapter 794 of the Acts of 1984, the
Chesapeake Bay Critical Area Commission adopted regulations under
COMAR 14.15.02.02 to provide for general policies for development
in the Critical Area; and

WHEREAS, The General Assembly intends this Act to prevent
the Commission from establishing a lot coverage factor an
impervious surfaces limitation that is greater than a certain
percentage unless the General Assembly specifically approves the
action; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

8-1808.1.

(A)  THIS SECTION APPLIES NOTWITHSTANDING:

(1)  ANY OTHER PROVISION OF THIS SUBTITLE; OR

(2)  ANY CRITERIA OR GUIDELINE OF THE COMMISSION
ADOPTED UNDER THIS SUBTITLE.

(B)  THIS SECTION CONTROLS OVER ANY OTHER REQUIREMENT
CONCERNING LOT COVERAGE FACTORS IMPERVIOUS SURFACES LIMITATIONS
IN THE CRITICAL AREA.

(C)  UNLESS THE GENERAL ASSEMBLY SPECIFICALLY AUTHORIZES THE
ACTION, THE COMMISSION MAY NOT ESTABLISH A LOT COVERAGE FACTOR
THAT IS GREATER THAN:

(1) 15 PERCENT ON LOTS AT LEAST 1 ACRE OR GREATER; OR

(2) 25 PERCENT ON A LOT OF LESS THAN 1 ACRE. FOR
STORMWATER RUNOFF, MAN-CAUSED IMPERVIOUS AREAS SHALL BE LIMITED
TO 15 PERCENT OF A PARCEL TO BE DEVELOPED. HOWEVER, IMPERVIOUS
SURFACES ON ANY LOT NOT EXCEEDING 1 ACRE IN SIZE IN A SUBDIVISION
APPROVED AFTER JUNE 1, 1986 MAY BE UP TO 25 PERCENT OF THE LOT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect June 1, 1986.

Approved May 13, 1986.