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Ch. 433
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2002 LAWS OF MARYLAND
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(II) A SINGLE LOT THAT IS PART OF A PROJECT THAT HAS
OTHERWISE COMPLIED WITH THE FOREST CONSERVATION ACT.
(3) FOR PURPOSES OF SUBSECTION (A) OF THIS SECTION. FOREST OR
DEVELOPED WOODLAND COVER MAY INCLUDE TREES. WOODY PLANTS, AND
SHRUBS. AND ANY LANDSCAPING UNDER AN APPROVED LANDSCAPING PLAN.
(C) EACH LOCAL JURISDICTION IN THE ATLANTIC COASTAL BAYS CRITICAL
AREA MAY INCLUDE IN ITS LOCAL CRITICAL AREA PROTECTION PROGRAM:
(1) AS PART OF COMPLIANCE WITH THE STORMWATER MANAGEMENT
REQUIREMENTS OF TITLE 27 OF THE CODE OF MARYLAND REGULATIONS AND TITLE
4, SUBTITLE 2 OF THE ENVIRONMENT ARTICLE, A PROVISION ENCOURAGING THE
USE OF BIORETENTION FOR REDEVELOPMENT IN INTENSELY DEVELOPED AREAS;
(2) A PROVISION APPLYING BUFFER REQUIREMENTS 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 AND THAT ARE SO NOTED
ON THE MOST RECENT U.S. GEOLOGICAL SURVEY 7-1/2 MINUTE TOPOGRAPHIC
QUADRANGLE MAPS (SCALE 1:24.000) OR ON MORE DETAILED MAPS OR STUDIES AT
THE DISCRETION OF THE LOCAL JURISDICTION; AND
(3) TO THE EXTENT OTHERWISE PERMITTED BY LAW. A PROVISION
REGARDING IMPROVEMENTS OVER STATE OR PRIVATE WETLANDS, INCLUDING
CRITERIA FOR THE PROTECTION OF WATER QUALITY AND FISH. WILDLIFE. AND
PLANT HABITATS. AND THE USE AND CONSTRUCTION OF PRIVATE AND COMMUNITY
PIERS IN THE LOCAL JURISDICTION.
(D) ON REQUEST. THE DEPARTMENT SHALL ASSIST A LOCAL JURISDICTION IN
THE PREPARATION OF:
(1) ANY MORE DETAILED MAPS OR STUDIES NECESSARY TO IMPLEMENT
THE BUFFER PROVISIONS UNDER SUBSECTION (C)(2) OF THIS SECTION; AND
(2) THE WETLAND PROTECTION PROVISIONS UNDER SUBSECTION (C)(3)
OF THIS SECTION.
(E) IF A LOCAL JURISDICTION ADOPTS PROVISIONS CONSISTENT WITH
SUBSECTION (C)(2) OF THIS SECTION. AGRICULTURAL ACTIVITIES ARE PERMITTED IN
THE BUFFER OUTSIDE THE CRITICAL AREA AND IN THE ATLANTIC COASTAL BAYS
WATERSHED THAT ARE IN ACCORDANCE WITH TITLE 27 OF THE CODE OF MARYLAND
REGULATIONS UNDER AN APPROVED SOIL CONSERVATION AND WATER QUALITY
PLAN.
(B) THE PROVISIONS UNDER SUBSECTION (A) OF THIS SECTION SHALL BE IN
ADDITION TO THE STORMWATER MANAGEMENT REQUIREMENTS OF TITLE 27 OF THE
CODE OF MARYLAND REGULATIONS AND TITLE 4, SUBTITLE 2 OF THE ENVIRONMENT
ARTICLE.
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- 3266 -
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