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Ch. 794 LAWS OF MARYLAND
Article - Natural Resources
8-1808.4.
(A) THIS SECTION DOES NOT APPLY TO ANY PROJECT INVOLVING
THE CONSTRUCTION OF A DWELLING UNIT OR OTHER NON-WATER DEPENDENT
STRUCTURE ON A PIER LOCATED ON STATE OR PRIVATE WETLANDS WITHIN
THE CRITICAL AREA IN PRINCE GEORGE'S COUNTY.
(A) (B) (1) IN THIS SECTION, "PIER" MEANS ANY PIER, WHARF,
DOCK, WALKWAY, BULKHEAD, BREAKWATER, PILES, OR OTHER SIMILIAR
SIMILAR STRUCTURE THAT IS CONSTRUCTED ON PILINGS IN ORDER TO:
(1) PERMIT THE UNOBSTRUCTED FLOW OF THE TIDE; AND
(2) PRESERVE THE NATURAL CONTOUR OF THE LAND.
(2) "PIER" DOES NOT INCLUDE ANY STRUCTURE ON PILINGS
OR STILTS THAT WAS ORIGINALLY CONSTRUCTED BEYOND THE LANDWARD
BOUNDARIES OF STATE OR PRIVATE WETLANDS.
(B) (C) THIS SECTION APPLIES NOTWITHSTANDING:
(1) ANY OTHER PROVISION OF THIS SUBTITLE; AND
(2) ANY CRITERIA OR REGULATION ADOPTED BY THE
COMMISSION UNDER THIS SUBTITLE.
(C) (D) THIS SECTION PREEMPTS ANY OTHER REQUIREMENT
CONCERNING PIERS IN THE CRITICAL AREA.
(D) (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) PARAGRAPHS
(2) AND (3) (2), (3), AND (4) OF THIS SUBSECTION, A LOCAL
JURISDICTION MAY NOT ISSUE A BUILDING PERMIT FOR ANY PROJECT
INVOLVING THE CONSTRUCTION OF A DWELLING UNIT OR OTHER NON-WATER
DEPENDENT STRUCTURE ON A PIER LOCATED ON STATE OR PRIVATE
WETLANDS WITHIN THE CRITICAL AREA.
(2) NOTHING IN THIS SECTION SHALL PROHIBIT OR
RESTRICT A LOCAL JURISDICTION FROM ISSUING A BUILDING PERMIT FOR
A PROJECT INVOLVING THE CONSTRUCTION OF A DWELLING UNIT OR OTHER
NON-WATER DEPENDENT STRUCTURE ON A PIER LOCATED ON STATE OR
PRIVATE WETLANDS WITHIN THE CRITICAL AREA THAT WAS ISSUED A
PERMIT BY THE SECRETARY ON OR BEFORE JANUARY 1, 1989.
(3) A LOCAL JURISDICTION MAY ISSUE A BUILDING PERMIT
FOR A PROJECT INVOLVING THE CONSTRUCTION OF A DWELLING UNIT OR
OTHER NON-WATER DEPENDENT STRUCTURE ON A PIER LOCATED ON STATE OR
PRIVATE WETLANDS WITHIN THE CRITICAL AREA IF:
(I) THE PROJECT IS CONSTRUCTED ON A PIER IN
EXISTENCE AS OF DECEMBER 31 1, 1985 THAT CAN BE VERIFIED BY A
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