ROBERT L. EHRLICH, JR., Governor

Ch. 21

(b) On or after June 1, 2002, with regard to any subdivision plat approval or
approval of a zoning amendment, variance, special [exemption] EXCEPTION,
conditional use permit, or use of a floating zone, affecting any land or water area
located within the initial planning area identified in § 8-1807(b) of this subtitle, for
which application is completed after that date, the approving authority of the local
jurisdiction in rendering its decision to approve an application shall make specific
findings that:

(1)     The proposed development will minimize adverse impacts on water
quality that result from pollutants that are discharged from structures or
conveyances or that have run off from surrounding lands; and

(2)     The applicant has identified fish, wildlife, and plant habitat which
may be adversely affected by the proposed development and has designed the
development so as to protect those identified habitats whose loss would substantially
diminish the continued ability of populations of affected species to sustain
themselves.

DRAFTER'S NOTE:

Error: Incorrect word usage in § 8-1813(a) and (b) of the Natural
Resources Article.

Occurred: Ch. 433, Acts of 2002.

8-1815.1.

(b) If a person cuts or clears or plans to cut or clear trees within the
Chesapeake Bay [critical] CRITICAL Area or Atlantic Coastal Bays Critical Area in
violation of regulations adopted by the Commission, the local jurisdiction may bring
an action:

(1)     To require the person to replant trees where the cutting or clearing
occurred in accordance with a plan prepared by the State Forester, a registered
professional forester, or a registered landscape architect;

(2)     To restrain the planned violation; or

(3)     For damages:

(i) To be assessed by a circuit court in an amount equal to the
estimated cost of replanting trees; and

(ii) To be paid to the Department by the person found to have
violated the provisions of this subsection.

DRAFTER'S NOTE:

Error: Capitalization error in § 8-1815.1(b) of the Natural Resources
Article.

Occurred: Ch. 433, Acts of 2002. Correction by the publisher of the

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