WILLIAM DONALD SCHAEFER, Governor                            Ch. 714

Article - Natural Resources

8-1808.5.

(A)     (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)      "BUFFER" MEANS AN EXISTING, NATURALLY VEGETATED AREA, OR
AN AREA ESTABLISHED IN VEGETATION AND MANAGED TO PROTECT AQUATIC,
WETLANDS, SHORELINE, AND TERRESTRIAL ENVIRONMENTS FROM MAN-MADE
DISTURBANCES.

(3)      (I) "COMMUNITY PIER'^: MEANS A BOAT DOCKING FACILITY
ASSOCIATED WITH A SUBDIVISION OR SIMILAR RESIDENTIAL AREA, OR WITH
CONDOMINIUMS, APARTMENTS, OR OTHER MULTIPLE-FAMILY DWELLING UNITS.

(II) "COMMUNITY PIER" DOES NOT INCLUDE A PRIVATE PIER OR A
MOORING.

(B)     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)     SUBJECT TO THE REQUIREMENTS UNDER SUBSECTION (D) OF THIS
SECTION, A NEW OR EXPANDED COMMUNITY PIER OR OTHER NONCOMMERCIAL
BOAT DOCKING OR STORAGE FACILITY MAY BE PERMITTED IN THE BUFFER IF:

(1)      THE FACILITY:

(I)       IS WATER DEPENDENT;

(II)     MEETS A RECOGNIZED PRIVATE RIGHT OR PUBLIC NEED;

(III)    IS COMMUNITY-OWNED AND ESTABLISHED AND OPERATED
FOR THE BENEFIT OF THE RESIDENTS OF A PLATTED AND RECORDED RIPARIAN
SUBDIVISION; AND

(IV)    IS ASSOCIATED WITH A RESIDENTIAL DEVELOPMENT
APPROVED BY THE LOCAL JURISDICTION FOR THE CRITICAL AREA AND IS
CONSISTENT WITH ALL CRITERIA AND LOCAL REGULATIONS FOR THE CRITICAL
AREA;

(2)      ADVERSE EFFECTS ON WATER QUALITY AND FISH, PLANT, AND
WILDLIFE HABITAT ARE MINIMIZED;

(3)      INSOFAR AS POSSIBLE, NONWATER DEPENDENT STRUCTURES OR
OPERATIONS ASSOCIATED WITH WATER DEPENDENT PROJECTS OR ACTIVITIES ARE
LOCATED OUTSIDE THE BUFFER;

(4)      DISTURBANCE TO THE BUFFER IS THE MINIMUM NECESSARY TO
PROVIDE A SINGLE POINT OF ACCESS TO THE FACILITY;

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