H.B. 362                                                       VETOES

(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;                     

(5)      FOOD, FUEL, OR OTHER GOODS AND SERVICES ARE NOT OFFERED
FOR SALE, AND ADEQUATE AND CLEAN SANITARY FACILITIES ARE PROVIDED; AND

(6)      WHEN A COMMUNITY PIER WITH SLIPS IS PROVIDED AS PART OF A
NEW DEVELOPMENT PROJECT, PRIVATE PIERS ARE NOT PERMITTED IN THE
DEVELOPMENT AREA.

(D)     THE NUMBER OF SLIPS PERMITTED AT A FACILITY SHALL BE THE LESSER
OF THE FOLLOWING:

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