WILLIAM DONALD SCHAEFER, Governor Ch. 794

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;

(IV) THE PROJECT IS LOCATED IN AN INTENSELY
DEVELOPED AREA, AS DESIGNATED IN PROGRAMS ADOPTED OR APPROVED BY
THE CRITICAL AREA COMMISSION UNDER TITLE 8, SUBTITLE 18 OF THIS
ARTICLE; AND

(V) THE PROJECT ALLOWS PUBLIC ACCESS TO TIDAL
WATERS, IF APPROPRIATE.

(4) 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 CHESAPEAKE BAY CRITICAL AREA
MAY NOT BE ISSUED A WETLANDS 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
WATER IN ACCORDANCE WITH STANDARDS ESTABLISHED BY THE LOCAL
JURISDICTION'S CRITICAL AREAS PROGRAM;

(II)  THE APPLICANT IS REQUIRED TO IMPROVE THE
WATER QUALITY OF EXISTING STORMWATER RUNOFF FROM THE PROJECT SITE
INTO ADJOINING WATERS IN ACCORDANCE WITH STANDARDS ESTABLISHED BY
THE LOCAL JURISDICTION'S CRITICAL AREAS PROGRAM; AND

(III) THE APPLICANT DEMONSTRATES THAT ANY SEWER
LINES OR OTHER UTILITY LINES EXTENDED FOR THE PIER WILL NOT
ADVERSELY AFFECT THE WATER QUALITY OF ADJOINING WATERS IN
ACCORDANCE WITH STANDARDS ESTABLISHED BY THE LOCAL JURISDICTION'S
CRITICAL AREAS PROGRAM.--------------------------------------------

(B) (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
SECRETARY MAY NOT ISSUE A PERMIT UNDER THIS TITLE FOR ANY PROJECT
INVOLVING THE CONSTRUCTION OF A DWELLING UNIT OR OTHER NON-WATER
DEPENDENT STRUCTURE ON A PIER LOCATED ON PRIVATE WETLANDS.

(2) THE SECRETARY MAY ISSUE A PERMIT FOR A PROJECT
INVOLVING THE CONSTRUCTION OF A DWELLING UNIT OR OTHER NON-WATER
DEPENDENT STRUCTURE ON A PIER LOCATED ON PRIVATE WETLANDS IF:

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

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