Ch. 410                                    1996 LAWS OF MARYLAND

(c)     On or before December 31, [ 1990] 1996, a local jurisdiction shall amend its
local critical area protection program to meet the provisions of this section.

(d)     (1) Except as otherwise provided in this subsection for stormwater runoff,
man-made impervious surfaces are limited to 15% of a parcel or lot.

(2)     If a parcel or lot one-half acre or less in size [was in residential use or
zoned for residential purposes] EXISTED on or before December 1, 1985, then
man-made impervious surfaces [associated with that use] are limited to 25% of the
parcel or lot.

(3)     [If a parcel or lot one-fourth acre or less in size was in nonresidential
use on or before December 1, 1985, then man-made impervious surfaces associated with
that development are limited to 25% of the parcel or lot] IF A PARCEL OR LOT
GREATER THAN ONE-HALF ACRE AND LESS THAN ONE ACRE IN SIZE EXISTED ON
OR BEFORE DECEMBER 1, 1985, THEN MAN-MADE IMPERVIOUS SURFACES ARE
LIMITED TO 15% OF THE PARCEL OR LOT.

(4)     If an individual lot 1 acre or less in size is part of a subdivision approved
after December 1, 1985, then man-made impervious surfaces of the lot may not exceed
25% of the lot. However, the total of the impervious surfaces over the entire subdivision
may not exceed 15%.

(e)     This section does not apply to a trailer park that was in residential use on or
before December 1, 1985.

(F) A LOCAL JURISDICTION MAY ALLOW A PROPERTY OWNER TO EXCEED
THE IMPERVIOUS SURFACE LIMITS PROVIDED IN SUBSECTION (D)(2) THROUGH (4)
AND (3) OF THIS SECTION IF THE FOLLOWING CONDITIONS EXIST:

(1) NEW IMPERVIOUS SURFACES ON THE PROPERTY HAVE BEEN
MINIMIZED;

(2) FOR A LOT OR PARCEL ONE-HALF ACRE OR LESS IN SIZE, TOTAL
IMPERVIOUS SURFACES DO NOT EXCEED IMPERVIOUS SURFACE LIMITS IN
SUBSECTION (D)(2) OF THIS SECTION BY MORE THAN 25% OR 500 SQUARE FEET,
WHICHEVER IS GREATER;

(3) FOR A LOT OR PARCEL GREATER THAN ONE-HALF ACRE AND LESS
THAN ONE ACRE IN SIZE, TOTAL IMPERVIOUS SURFACES DO NOT EXCEED
IMPERVIOUS SURFACE LIMITS IN SUBSECTION (D)(3) OF THIS SECTION OR 5,445
SQUARE FEET. WHICHEVER IS GREATER;

(2) (4) WATER QUALITY IMPACTS ASSOCIATED WITH RUNOFF FROM
THE NEW IMPERVIOUS SURFACES CAN BE AND HAVE BEEN MINIMIZED THROUGH
SITE DESIGN CONSIDERATIONS OR USE OF BEST MANAGEMENT PRACTICES
APPROVED BY THE LOCAL JURISDICTION TO IMPROVE WATER QUALITY; AND

(3) (5) THE PROPERTY OWNER PERFORMS ONSITE MITIGATION AS
REQUIRED BY THE LOCAL JURISDICTION TO OFFSET POTENTIAL ADVERSE WATER

- 2674 -