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PARRIS N. GLENDENING, Governor
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S.B. 247
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(4) Water quality impacts associated with runoff from the new
impervious surfaces can be and have been minimized through site design
considerations or use of best management practices approved by the local jurisdiction
to improve water quality; and
(5) The property owner performs on-site mitigation as required by the
local jurisdiction to offset potential adverse water quality impacts from the new
impervious surfaces, or the property owner pays a fee to the local jurisdiction in lieu
of performing the on-site mitigation.
(g) All fees collected by a local jurisdiction under subsection (f)(5) of this
section must be used to fund projects that improve water quality within the critical
area consistent with the jurisdiction's local Critical Area Protection Program.
(h) A local jurisdiction may grant a variance from the provisions of this section
in accordance with regulations adopted by the Commission concerning variances as
part of local program development set forth in COMAR 27.01.11 and notification of
project applications set forth in COMAR 27.03.01.
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;
(1) AS PART OF COMPLIANCE WITH THE STORMWATER MANAGEMENT
REQUIREMENTS OF TITLE 27 OF THE CODE OF MARYLAND REGULATIONS AND TITLE
1, SUBTITLE 3 OF THE ENVIRONMENT ARTICLE, A PROVISION ENCOURAGING THE
USE OF BIORETENTION FOR REDEVELOPMENT IN INTENSELY DEVELOPED AREAS;
(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 37 OF THE CODE OF MARYLAND REGULATIONS
AND TITLE 4, SUBTITLE 2 OF THE ENVIRONMENT ARTICLE;
(3) (2) (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
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- 4471 -
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