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S.B. 247 VETOES
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THE GROWTH ALLOCATION FOR THAT JURISDICTION MAY BE UTILIZED WITHIN
EITHER CRITICAL AREA, AS THE JURISDICTION'S LOCAL PROGRAM CONSIDERS
APPROPRIATE.
(2) A LOCAL JURISDICTION'S PROGRAM MAY NOT UTILIZE THE GROWTH
ALLOCATION FROM ANOTHER CRITICAL AREA UNLESS THE GROWTH ALLOCATION
REMAINING IN EITHER CRITICAL AREA IS INSUFFICIENT TO ALLOW APPROVAL OF A
GROWTH ALLOCATION PROPOSAL ASSOCIATED WITH A PROGRAM AMENDMENT FOR
WHICH THE LOCAL PROGRAM SEEKS COMMISSION APPROVAL.
(3) A LOCAL JURISDICTION'S PROGRAM MAY NOT TRANSFER MORE
THAN 150 ACRES OF GROWTH ALLOCATION TO ANOTHER CRITICAL AREA.
[(d)] (E) In calculating the l-in-20 acre density of development that is
permitted on a parcel located within the resource conservation area, a local
jurisdiction may permit the area of any private wetlands located on the property to be
included, under the following conditions:
(1) The density of development on the upland portion of the parcel may
not exceed 1 dwelling unit per 8 acres; and
(2) The area of private wetlands shall be estimated on the basis of
vegetative information as designated on the State wetlands maps.
8-1808.2.
(a) (1) In this section the following words have the meanings indicated.
(2) "Bona fide intrafamily transfer" means a transfer to a member of the
owner's immediate family of a portion of the owner's property for the purpose of
establishing a residence for that family member.
(3) "Immediate family" means a father, mother, BROTHER, SISTER son,
daughter, grandfather, grandmother, grandson, or granddaughter.
(b) Notwithstanding density limitations established in criteria of the
Commission, as part of its local program, a local jurisdiction may submit provisions by
which an owner of a parcel of land in the resource conservation area may be permitted
to make bona fide intrafamily transfers.
(c) If a local jurisdiction includes provisions for bona fide intrafamily transfers
as part of its local program, the local jurisdiction shall permit a bona fide intrafamily
transfer to be made only from parcels of land that:
(1) Were of record on March 1, 1986 IN THE CHESAPEAKE BAY CRITICAL
AREA OR ON APRIL 17, 2001 JUNE 1, 2002 IN THE ATLANTIC COASTAL BAYS CRITICAL
AREA; and
(2) Are 7 acres or more and less than 60 acres in size.
(d) A bona fide intrafamily transfer from a parcel of land shall be a
subdivision of the parcel of land that is subject to local approval under the
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- 4468 -
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