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2002 LAWS OF MARYLAND
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Ch. 431
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(v) Provisions as appropriate relating to grandfathering of
development at the time the program is adopted or approved by the Commission;
(4) Provisions requiring that project approvals shall be based on findings
that projects are consistent with the standards stated in subsection (b) of this section;
(5) Provisions to limit the amount of land covered by buildings, roads,
parking lots, or other impervious surfaces, and to require or encourage cluster
development, where necessary or appropriate;
(6) Establishment of buffer areas along shorelines within which
agriculture will be permitted only if best management practices are used, provided
that structures or any other use of land which is necessary for adjacent agriculture
shall also be permitted in any buffer area;
(7) Requirements for minimum setbacks for structures and septic fields
along shorelines;
(8) Designation of shoreline areas, if any, that are suitable for parks,
hiking, biking, wildlife refuges, scenic drives, public access or assembly, and
water-related recreation such as boat slips, piers, and beaches;
(9) Designation of shoreline areas, if any, that are suitable for ports,
marinas, and industries that use water for transportation or derive economic benefits
from shore access;
(10) Provisions requiring that all harvesting of timber in the Chesapeake
Bay Critical Area be in accordance with plans approved by the district forestry board;
(11) Provisions establishing that the controls in a program which are
designed to prevent runoff of pollutants will not be required on sites where the
topography prevents runoff from directly or indirectly reaching tidal waters; [and]
(12) Provisions for reasonable accommodations in policies or procedures
when the accommodations are necessary to avoid discrimination on the basis of
physical disability, including provisions that authorize a local jurisdiction to require
removal of a structure that was installed or built to accommodate a physical disability
and require restoration when the accommodation permitted by this paragraph is no
longer necessary; AND
(13) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION,
PROVISIONS FOR GRANTING A VARIANCE TO THE LOCAL JURISDICTION'S CRITICAL
AREA PROGRAM, IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE
COMMISSION CONCERNING VARIANCES SET FORTH IN COMAR 27.01.11.
(D) (1) IN THIS SUBSECTION, "UNWARRANTED HARDSHIP" MEANS THAT,
WITHOUT A VARIANCE, AN APPLICANT WOULD BE DENIED REASONABLE AND
SIGNIFICANT USE OF THE ENTIRE PARCEL OR LOT FOR WHICH THE VARIANCE IS
REQUESTED.
(2) A VARIANCE TO A LOCAL JURISDICTION'S CRITICAL AREA PROGRAM
MAY NOT BE GRANTED UNLESS:
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- 3240 -
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