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PARRIS N. GLENDENING, Governor
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Ch. 433
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8-1808.8.
(A) EACH LOCAL JURISDICTION IN THE ATLANTIC COASTAL BAYS CRITICAL
AREA SHALL INCLUDE THE FOLLOWING ELEMENTS IN THE JURISDICTION'S LOCAL
CRITICAL AREA PROTECTION PROGRAM;
(1) A PROVISION REQUIRING THE USE OF BIORETENTION AND OTHER
NONSTRUCTURAL STORMWATER BEST MANAGEMENT PRACTICES FOR
REDEVELOPMENT IN INTENSELY DEVELOPED AREAS WHERE THE COST OF
REDEVELOPMENT EXCEEDS 50% OF THE ASSESSED VALUE OF THE PROPERTY,
UNLESS THE APPLICANT FOR PROJECT APPROVAL DEMONSTRATES THAT USE OF
SUCH MEASURES IS NOT FEASIBLE;
(2) A PROVISION REQUIRING AN APPLICANT FOR PROJECT APPROVAL
WHO IS NOT SUBJECT TO THE PROVISIONS OF ITEM (1) OF THIS SUBSECTION OR WHO
DEMONSTRATES THAT USE OF THE MEASURES SPECIFIED IN ITEM (1) OF THIS
SECTION ARE NOT FEASIBLE SHALL COMPLY WITH THE STORMWATER
MANAGEMENT PROVISIONS OF TITLE 27 OF THE CODE OF MARYLAND REGULATIONS
AND TITLE 4, SUBTITLE 2 OF THE ENVIRONMENT ARTICLE;
(3) (A) EXCEPT AS PROVIDED IN SUBSECTION (B)(2) OF THIS SECTION,
EACH LOCAL JURISDICTION IN THE ATLANTIC COASTAL BAYS CRITICAL AREA SHALL
INCLUDE IN ITS LOCAL CRITICAL AREA PROTECTION PROGRAM PROVISIONS
REQUIRING PROPOSED DEVELOPMENT SITES IN INTENSELY DEVELOPED AREAS TO
PROVIDE A FOREST OR DEVELOPED WOODLAND COVER OF AT LEAST 15% AFTER
DEVELOPMENT OR A FEE-IN-LIEU PAYMENT IF THE FEE IS ADEQUATE TO ENSURE
THE RESTORATION OR ESTABLISHMENT OF AN EQUIVALENT FOREST AREA; AND
(4) A PROVISION APPLYING THE BUFFER REQUIREMENTS OF TITLE 27 OF
THE CODE OF MARYLAND REGULATIONS TO TRIBUTARY STREAMS LOCATED
OUTSIDE THE CRITICAL AREA AND WITHIN THE ATLANTIC COASTAL BAYS
WATERSHED THAT ARE NOTED AS PERENNIAL AND INTERMITTENT STREAMS IN THE
ATLANTIC COASTAL BAYS WATERSHED WHICH ARE SO NOTED ON THE MOST RECENT
U.S. GEOLOGICAL SURVEY 7 1/3 MINUTE TOPOGRAPHIC QUADRANGLE MAPS (SCALE
1:24,000) OR ON MORE DETAILED MAPS OR STUDIES AT THE DISCRETION OF THE
LOCAL JURISDICTIONS.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
PROVISIONS OF THIS SUBTITLE REPLACE THE REQUIREMENTS OF THE FOREST
CONSERVATION ACT PROVIDED UNDER TITLE 5, SUBTITLE 16 OF THIS ARTICLE
WITHIN THE ATLANTIC COASTAL BAYS CRITICAL AREA.
(2) SUBSECTION (A) OF THIS SECTION AND PARAGRAPH (1) OF THIS
SUBSECTION DO NOT APPLY TO:
(I) DEVELOPMENT OF A SINGLE LOT FOR THE PURPOSE OF
CONSTRUCTING A DWELLING INTENDED FOR THE USE OF THE OWNER OR A CHILD
OR GRANDCHILD OF THE OWNER IF THE DEVELOPMENT DOES NOT RESULT IN THE
CUTTING, CLEARING, OR GRADING OF MORE THAN 40,000 SQUARE FEET OF FOREST,
AND THE LOT WAS LEGALLY RECORDED PRIOR TO JULY 31, 1994; OR
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- 3265 -
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