PARRIS N. GLENDENING, Governor

Ch. 110

piers on the property are removed except for the project pier. The total expansion may
not exceed 35% 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 Chesapeake Bay Critical Area
Commission under Title 8, Subtitle 18 of the Natural Resources 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.

(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 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% of the area of piers or dry docks removed on the same property; however, additional
expansion may be allowed in the amount of 10% 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. The total expansion may
not exceed 35% of the original size of the piers and dry docks removed;

- 1383 -