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Ch. 433
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2002 LAWS OF MARYLAND
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(1) The density of development on the upland portion of the parcel may
not exceed 1 dwelling unit per 8 acres; and
(2) The area of private wetlands shall be estimated on the basis of
vegetative information as designated on the State wetlands maps.
8-1808.2.
(a) (1) In this section the following words have the meanings indicated.
(2) "Bona fide intrafamily transfer" means a transfer to a member of the
owner's immediate family of a portion of the owner's property for the purpose of
establishing a residence for that family member.
(3) "Immediate family" means a father, mother, son, daughter,
grandfather, grandmother, grandson, or granddaughter.
(b) Notwithstanding density limitations established in criteria of the
Commission, as part of its local program, a local jurisdiction may submit provisions by
which an owner of a parcel of land in the resource conservation area may be permitted
to make bona fide intrafamily transfers.
(c) If a local jurisdiction includes provisions for bona fide intrafamily transfers
as part of its local program, the local jurisdiction shall permit a bona fide intrafamily
transfer to be made only from parcels of land that:
(1) Were of record on March 1, 1986 IN THE CHESAPEAKE BAY CRITICAL
AREA OR ON APRIL 17, 2001 JUNE 1, 2002 IN THE ATLANTIC COASTAL BAYS CRITICAL
AREA; and
(2) Are 7 acres or more and less than 60 acres in size.
(d) A bona fide intrafamily transfer from a parcel of land shall be a
subdivision of the parcel of land that is subject to local approval under the
"Subdivision Control" subtitle of Article 66B of the Code, under Title 7 of Article 28 of
the Code, or under any subdivision control provisions of a charter county.
(e) (1) A local jurisdiction:
(i) May approve the subdivision of a parcel of land into the number
of lots indicated in this subsection by means of a bona fide intrafamily transfer; and
(ii) May not approve any greater subdivision of the parcel of land or
any portion of the parcel of land.
(2) A parcel that is 7 acres or more and less than 12 acres in size may be
subdivided into 2 lots.
(3) A parcel that is 12 acres or more and less than 60 acres in size may be
subdivided into 3 lots. The lots may be created at different times.
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(f) (1) As a condition of approval, a local jurisdiction shall require that:
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