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Ch. 433
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2002 LAWS OF MARYLAND
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(3) If a parcel or lot greater than one-half acre and less than one acre in
size existed on or before December 1, 1985 IN THE CHESAPEAKE BAY CRITICAL AREA
OR ON OR BEFORE APRIL 17, 2001 JUNE 1, 2002 IN THE ATLANTIC COASTAL BAYS
CRITICAL AREA, 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 IN THE CHESAPEAKE BAY CRITICAL AREA OR
AFTER APRIL 17, 2001 JUNE 1, 2002 IN THE ATLANTIC COASTAL BAYS CRITICAL AREA,
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 IN THE CHESAPEAKE BAY CRITICAL AREA OR ON OR
BEFORE APRIL 17, 2001 JUNE 1, 2002 IN THE ATLANTIC COASTAL BAYS CRITICAL AREA.
(f) A local jurisdiction may allow a property owner to exceed the impervious
surface limits provided in subsection (d)(2) 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;
(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
(5) The property owner performs on-site mitigation as required by the
local jurisdiction to offset potential adverse water quality impacts from the new
impervious surfaces, or the property owner pays a fee to the local jurisdiction in lieu
of performing the on-site mitigation.
(g) All fees collected by a local jurisdiction under subsection (f)(5) of this
section must be used to fund projects that improve water quality within the critical
area consistent with the jurisdiction's local critical area protection program.
(h) A local jurisdiction may grant a variance from the provisions of this section
in accordance with regulations adopted by the Commission concerning variances as
part of local program development set forth in COMAR 27.01.11 and notification of
project applications set forth in COMAR 27.03.01.
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- 3264 -
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