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PARRIS N. GLENDENING, Governor
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S.B. 247
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(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.
(ii) A portion of urban area to be excluded shall be at least 50%
developed and may not be less than 2,640,000 square feet in contiguous area or the
entire initial planning area located within the boundaries of a municipality,
whichever is less.
(2) A local jurisdiction shall include in any program submitted to the
Commission under § 8-1809 of this subtitle a designation of those portions of the
Chesapeake Bay Critical Area OR ATLANTIC COASTAL BAYS CRITICAL AREA proposed
for exclusion under paragraph (1) of this subsection, together with all factual
information and expert opinion supporting its findings under this subsection.
(3) The Commission shall approve a local jurisdiction's designation of
portions to be excluded unless the Commission finds, based on stated reasons, that
the decision of the local jurisdiction was:
(i) Not supported by competent and material evidence; or
(ii) Arbitrary or capricious.
(4) If the Commission develops the program to be applied in a local
jurisdiction, the Commission shall exclude areas as appropriate to meet the intent of
paragraph (1) of this subsection.
[(c)] (D) The Chesapeake Bay Critical Area shall consist of:
(1) Those areas designated in subsection (a) of this section, except any
areas excluded in accordance with subsection [(b)] (C) of this section; and
(2) Additional areas proposed for inclusion by local jurisdictions and
approved by the Commission.
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(E) THE ATLANTIC COASTAL BAYS CRITICAL AREA SHALL CONSIST OF:
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- 4463 -
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