WILLIAM DONALD SCHAEFER, Governor Ch. 794

DEPARTMENT OF NATURAL RESOURCES AERIAL PHOTOGRAPH DATED 1985,
ACCOMPANIED BY A MAP OF THE AREA;

(II) THE PROJECT DOES NOT REQUIRE AN EXPANSION
OF THE PIER GREATER THAN 25 PERCENT OF THE PIER'S ORIGINAL SIZE;
HOWEVER, ADDITIONAL EXPANSION MAY BE ALLOWED IN THE AMOUNT OF 10
PERCENT OF THE WATER COVERAGE ELIMINATED BY REMOVING OTHER PIERS
FROM THE SAME PROPERTY. IF THE HORIZONTAL SURFACE AREA OF A PIER
TO BE REMOVED IS NOT INTACT BUT THE REMAINING FILINGS IDENTIFY
ITS PREVIOUS SIZE, THAT AREA MAY BE USED IN DETERMINING THE
ADDITIONAL EXPANSION PERMITTED. THE PROJECT EXPANSION BASED ON

WATER COVERAGE ELIMINATED CAN BE CONSIDERED ONLY IF ALL

NONFUNCTIONAL PIERS ON THE PROPERTY ARE REMOVED EXCEPT FOR THE

PROJECT PIER. IN NO CASE MAY THE TOTAL EXPANSION EXCEED 35

PERCENT OF THE ORIGINAL SIZE OF THE PROJECT PIER;

(II) THE PROJECT DOES NOT REQUIRE AN EXPANSION
OF THE PIER GREATER THAN 25 PERCENT OF THE AREA OF PIERS OR DRY
DOCKS REMOVED ON THE SAME PROPERTY; HOWEVER, ADDITIONAL EXPANSION
MAY BE ALLOWED IN THE AMOUNT OF 10 PERCENT OF THE WATER COVERAGE
ELIMINATED BY REMOVING COMPLETE PIERS FROM THE SAME OR OTHER
PROPERTIES. IF THE HORIZONTAL SURFACE AREA OF A PIER TO BE
REMOVED IS NOT INTACT BUT THE REMAINING PILINGS IDENTIFY ITS
PREVIOUS SIZE, THAT AREA MAY BE USED IN DETERMINING THE
ADDITIONAL EXPANSION PERMITTED. THE PROJECT EXPANSION BASED ON
WATER COVERAGE ELIMINATED CAN BE CONSIDERED ONLY IF ALL
NONFUNCTIONAL PIERS ON THE PROPERTY ARE REMOVED EXCEPT FOR THE
PROJECT PIER. IN NO CASE SHALL THE TOTAL EXPANSION EXCEED 35
PERCENT OF THE ORIGINAL SIZE OF THE PIERS AND DRY DOCKS REMOVED;

(III) THE PROJECT IS APPROVED BY LOCAL PLANNING
AND ZONING AUTHORITIES; AND

(IV) THE PROJECT IS LOCATED IN AN INTENSELY
DEVELOPED AREA, AS DESIGNATED IN PROGRAMS ADOPTED OR APPROVED BY
THE CRITICAL AREAS COMMISSION UNDER THIS SUBTITLE.

(3) (4) A LOCAL JURISDICTION MAY ISSUE A BUILDING
PERMIT FOR THE REPAIR OF AN EXISTING DWELLING UNIT OR OTHER
NON-WATER DEPENDENT STRUCTURE ON A PIER LOCATED ON STATE OR
PRIVATE WETLANDS WITHIN THE CRITICAL AREA.

(5) EXCEPT FOR PROJECTS UNDER PARAGRAPH (2) OF THIS
SUBSECTION, AND IN ADDITION TO ALL OTHER PROVISIONS OF THIS
SECTION, ALL PROJECTS INVOLVING THE CONSTRUCTION OF A DWELLING
UNIT OR OTHER NON-WATER DEPENDENT FACILITY ON A PIER LOCATED ON
STATE OR PRIVATE WETLANDS WITHIN THE CRITICAL AREA MAY NOT BE
ISSUED A BUILDING PERMIT UNLESS:-----------------------------------

(I) THE APPLICANT DEMONSTRATES THAT THE
CONSTRUCTION AND OPERATION OF THE PROJECT WILL NOT HAVE A LONG
TERM ADVERSE EFFECT ON THE WATER QUALITY OF THE ADJACENT BODY OF

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