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Session Laws, 2002
Volume 800, Page 4480   View pdf image
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S.B. 247
VETOES
8-1812. (a) After the Commission has approved or adopted a program, the chairman of
the Commission has standing and the right and authority to initiate or intervene in
any administrative, judicial, or other original proceeding or appeal in this State
concerning a project approval in the Chesapeake Bay Critical Area OR THE ATLANTIC
COASTAL BAYS CRITICAL AREA. The chairman may exercise this intervention
authority without first obtaining approval from the Commission, but the chairman
shall send prompt written notice of any intervention or initiation of action under this
section to each member of the Commission. The chairman shall withdraw the
intervention or action initiated if, within 35 days after the date of the chairman's
notice, at least 13 members indicate disapproval of the action, either in writing
addressed to the chairman or by vote at a meeting of the Commission. A member
representing the local jurisdiction affected by the chairman's intervention or action
may request a meeting of the Commission to vote on the chairman's intervention or
action. 8-1813. (a) From June 1, 1984 with regard to any subdivision plat approval or
approval of a zoning amendment, variance, special exemption, conditional use permit,
or use of a floating zone, affecting any land or water area located within the initial
planning area identified in § 8-1807(a) of this subtitle, for which application is
completed after that date, the approving authority of the local jurisdiction in
rendering its decision to approve an application shall make specific findings that: (1) The proposed development will minimize adverse impacts on water
quality that result from pollutants that are discharged from structures or
conveyances or that have run off from surrounding lands; and (2) The applicant has identified fish, wildlife, and plant habitat which
may be adversely affected by the proposed development and has designed the
development so as to protect those identified habitats whose loss would substantially
diminish the continued ability of populations of affected species to sustain
themselves. (B) ON OR AFTER JUNE 1, 2002, WITH REGARD TO ANY SUBDIVISION PLAT
APPROVAL OR APPROVAL OF A ZONING AMENDMENT, VARIANCE, SPECIAL
EXEMPTION, CONDITIONAL USE PERMIT, OR USE OF A FLOATING ZONE, AFFECTING
ANY LAND OR WATER AREA LOCATED WITHIN THE INITIAL PLANNING AREA
IDENTIFIED IN § 8-1807(B) OF THIS SUBTITLE, FOR WHICH APPLICATION IS
COMPLETED AFTER THAT DATE, THE APPROVING AUTHORITY OF THE LOCAL
JURISDICTION IN RENDERING ITS DECISION TO APPROVE AN APPLICATION SHALL
MAKE SPECIFIC FINDINGS THAT: (1) THE PROPOSED DEVELOPMENT WILL MINIMIZE ADVERSE IMPACTS
ON WATER QUALITY THAT RESULT FROM POLLUTANTS THAT ARE DISCHARGED
FROM STRUCTURES OR CONVEYANCES OR THAT HAVE RUN OFF FROM
SURROUNDING LANDS; AND
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Session Laws, 2002
Volume 800, Page 4480   View pdf image
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