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Ch. 433
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2002 LAWS OF MARYLAND
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(4) TO ESTABLISH AN ADVISORY COMMITTEE. COMPOSED OF MEMBERS
OF THE COMMISSION AND LOCAL CITIZENS AND LOCAL STAKEHOLDER GROUPS, TO
MAKE RECOMMENDATIONS TO THE COMMISSION WITH RESPECT TO ATLANTIC
COASTAL BAYS CRITICAL AREA PROGRAMS.
(B) THE MEMBERS OF THE COMMISSION WHO RESIDE IN THE ATLANTIC
COASTAL BAYS WATERSHED SHALL SERVE ON ANY COMMITTEE ESTABLISHED
UNDER SUBSECTION (A)(4) OF THIS SECTION.
8-1807.
(a) The initial planning area for determination of the Chesapeake Bay Critical
Area consists of:
(1) All waters of and lands under the Chesapeake Bay and its tributaries
to the head of tide as indicated on the State wetlands maps, and all State and private
wetlands designated under Title 16 of the Environment Article; and
(2) All land and water areas within 1,000 feet beyond the landward
boundaries of State or private wetlands and the heads of tides designated under Title
[9] 16 of the Environment Article.
(B) THE INITIAL PLANNING AREA FOR DETERMINATION OF THE ATLANTIC
COASTAL BAYS CRITICAL AREA CONSISTS OF:
(1) ALL WATERS OF AND LANDS UNDER THE COASTAL BAYS AND THEIR
TRIBUTARIES TO THE HEAD OF TIDE AS INDICATED ON THE STATE WETLANDS MAPS,
AND ALL STATE AND PRIVATE WETLANDS DESIGNATED UNDER TITLE 16 OF THE
ENVIRONMENT ARTICLE; AND
(2) ALL LAND AND WATER AREAS WITHIN 1,000 FEET BEYOND THE
LANDWARD BOUNDARIES OF STATE OR PRIVATE WETLANDS AND THE HEADS OF
TIDES DESIGNATED UNDER TITLE 16 OF THE ENVIRONMENT ARTICLE.
[(b)] (C) (1) (i) In determining the Chesapeake Bay Critical Area OR THE
ATLANTIC COASTAL BAYS CRITICAL AREA within its boundaries, a local jurisdiction
may exclude those portions of the planning area designated in subsection (a) OR (B) of
this section which the local jurisdiction finds to be:
1. Part of a developed, urban area in which, in view of
available public facilities and applicable laws and restrictions, the imposition of a
program would not substantially improve protection of tidal water quality or
conservation of fish, wildlife, or plant habitats; or
2. Located at least 1,000 feet from open water and separated
from open water by an area of wetlands which it is found will serve to protect tidal
water quality and fish, wildlife, or plant habitats from adverse impacts of
development in the excluded area.
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- 3256 -
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