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PARRIS N. GLENDENING, Governor
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S.B. 247
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(2) IN THE ATLANTIC COASTAL BAYS CRITICAL AREA AT THE TIME OF
THE ORIGINAL APPROVAL OF THE LOCAL JURISDICTION'S PROGRAM BY THE
COMMISSION, NOT INCLUDING TIDAL WETLANDS OR LAND OWNED BY THE FEDERAL
GOVERNMENT.
(c) When locating new intensely developed or limited development areas, local
jurisdictions shall use the following guidelines:
(1) New intensely developed areas should be located in limited
development areas or adjacent to existing intensely developed areas;
(2) New limited development areas should be located adjacent to existing
limited development areas or intensely developed areas;
(3) Except as provided in paragraph (5) of this subsection, no more than
one-half of the expansion allocated in the criteria of the Commission may be located
in resource conservation areas;
(4) New intensely developed or limited development areas to be located
in the resource conservation area shall conform to all criteria of the Commission for
intensely developed or limited development areas and shall be designated on the
comprehensive zoning map submitted by the local jurisdiction as part of its
application to the Commission for program approval or at a later date in compliance
with § 8-1809(g) of this subtitle; and
(5) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne's,
St. Mary's, Somerset, Talbot, Wicomico, and Worcester counties, if the county is
unable to utilize a portion of the growth allocated to the county in paragraphs (1) and
(2) of this subsection within or adjacent to existing intensely developed or limited
development areas as demonstrated in the local plan approved by the Commission,
then that portion of the allocated expansion which cannot be so located may be
located in the resource conservation area in addition to the expansion allocated in
paragraph (3) of this subsection. A developer shall be required to cluster any
development in an area of expansion authorized under this paragraph.
(D) (1) THE GROWTH ALLOCATION FOR A LOCAL JURISDICTION BASED ON
6% OF THE TOTAL RESOURCE CONSERVATION AREA IN THE CHESAPEAKE BAY
CRITICAL AREA IN A LOCAL .JURISDICTION IN THE CHESAPEAKE BAY CRITICAL AREA
UNDER SUBSECTION (C)(5) OF THIS SECTION SHALL BE UTILIZED WITHIN THE
CHESAPEAKE BAY CRITICAL AREA.
(2) THE GROWTH ALLOCATION FOR A LOCAL JURISDICTION BASED ON
5% OF THE TOTAL RESOURCE CONSERVATION AREA IN THE ATLANTIC COASTAL BAYS
CRITICAL AREA IN A LOCAL JURISDICTION FN THE ATLANTIC COASTAL BAYS
CRITICAL AREA UNDER SUBSECTION (C)(5) OF THIS SECTION SHALL BE UTILIZED
WITHIN THE ATLANTIC COASTAL BAYS CRITICAL AREA.
(D) (1) SUBJECT TO THE CONDITIONS UNDER PARAGRAPHS (2) AND (3) OF
THIS SUBSECTION, IF A JURISDICTION HAS WITHIN ITS TERRITORIAL LIMITS AN
AREA THAT IS SUBJECT TO THE CHESAPEAKE BAY CRITICAL AREA PROGRAM AND AN
AREA THAT IS SUBJECT TO THE ATLANTIC COASTAL BAYS CRITICAL AREA PROGRAM,
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- 4467 -
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