Ch. 794                                       LAWS OF MARYLAND

9-104.

(A) THIS SECTION DOES NOT APPLY TO ANY PROJECT INVOLVING
THE CONSTRUCTION OF A WELLING UNIT OR OTHER NON-WATER DEPENDENT
STRUCTURE ON A PIER LOCATED ON STATE OR PRIVATE WETLANDS IN
PRINCE GEORGE'S COUNTY.--------

(A) (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) PARAGRAPHS
(2) AND (3) OF THIS SUBSECTION, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE BOARD OF PUBLIC WORKS MAY NOT ISSUE A
LICENSE UNDER THIS TITLE FOR ANY PROJECT INVOLVING THE
CONSTRUCTION OF A DWELLING UNIT OR OTHER NON-WATER DEPENDENT
STRUCTURE ON A PIER LOCATED ON STATE WETLANDS.

(2)  NOTHING. IN THIS SECTION SHALL PROHIBIT OR
RESTRICT THE BOARD OF PUBLIC WORKS FROM ISSUING A LICENSE FOR A
PROJECT INVOLVING THE CONSTRUCTION OF A DWELLING UNIT OR OTHER
NON-WATER DEPENDENT STRUCTURE ON A PIER LOCATED WITHIN THE
CRITICAL AREA THAT WAS ISSUED A PERMIT BY THE SECRETARY ON OR
BEFORE JANUARY 1, 1989.

(3)  THE BOARD OF PUBLIC WORKS MAY ISSUE A LICENSE FOR
A PROJECT INVOLVING THE CONSTRUCTION OF A DWELLING UNIT OR OTHER
NON-WATER DEPENDENT STRUCTURE ON A PIER LOCATED ON STATE WETLANDS
IF;

(I)  THE PROJECT IS CONSTRUCTED ON A PIER IN
EXISTENCE AS OF DECEMBER 31 DECEMBER 1, 1985 THAT CAN BE VERIFIED
BY A 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 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 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

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