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PARRIS N. GLENDENING, Governor
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S.B. 247
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(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)] (C) With regard to any application for project approval described in
[subsection (a)] SUBSECTION (A) OR (B) of this section, a local approving authority
shall require any additional information from an applicant as is necessary in order to
make the findings required by [subsection (a)] SUBSECTION (A) OR (B) of this section.
[(c)] (D) This section shall remain in effect in a local jurisdiction until such
time as an approved program becomes effective.
[(d)] (E) This section does not apply to any application IN THE CHESAPEAKE
BAY CRITICAL AREA initially filed prior to March 1, 1984 OR ANY APPLICATION IN
THE ATLANTIC COASTAL BAYS CRITICAL AREA FILED PRIOR TO JUNE 1, 2002.
8-1813.1.
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) SUBSECTIONS (B), (C), AND (D)
OF THIS SECTION, A LOCAL JURISDICTION IN THE ATLANTIC COASTAL BAYS
CRITICAL AREA SHALL PERMIT A SINGLE LOT OR PARCEL OF LAND THAT WAS
LEGALLY OF RECORD ON THE DATE OF PROGRAM APPROVAL TO BE DEVELOPED
WITH A SINGLE FAMILY DWELLING, IF A DWELLING IS NOT ALREADY PLACED THERE,
NOTWITHSTANDING THAT SUCH DEVELOPMENT MAY BE INCONSISTENT WITH THE
APPROVED DENSITY PROVISIONS OF THE APPROVED LOCAL PROGRAM, AND
PROVIDED THAT:
(1) THE LOCAL JURISDICTION DEVELOPS, AS PART OF ITS PROGRAM,
PROCEDURES TO BRING THESE THE LOTS OR LANDS INTO CONFORMANCE WITH THE
LOCAL CRITICAL AREA PROGRAM AC FAR AS TO THE EXTENT POSSIBLE, INCLUDING
THE CONSOLIDATION OR RECONFIGURATION OF LOTS NOT INDIVIDUALLY OWNED,
AND THESE; AND
(2) THE PROCEDURES DEVELOPED IN ACCORDANCE WITH ITEM (1) OF
THIS SUBSECTION ARE APPROVED BY THE COMMISSION.
(B) LAND THAT WAS SUBDIVIDED INTO RECORDED AND LEGALLY BUILD ABLE
LOTS FOR WHICH THE SUBDIVISION RECEIVED THE LOCAL JURISDICTION'S FINAL
APPROVAL AFTER APRIL 17, 2001 JUNE 1, 2002 BUT PRIOR TO PROGRAM APPROVAL
MAY BE DEVELOPED WITH A SINGLE FAMILY DWELLING, IF A SINGLE FAMILY
DWELLING IS NOT ALREADY PLACED THERE, PROVIDED THAT:
(1) DEVELOPMENT OF THE LAND CONFORMS TO THE REQUIREMENTS
OF THIS TITLE AND TITLE 27 OF THE CODE OF MARYLAND REGULATIONS; OR
(2) THE AREA OF LAND IS COUNTED BY DEDUCTED FROM THE LOCAL
JURISDICTION AGAINST THE GROWTH INCREMENT JURISDICTION'S GROWTH
ALLOCATION IN ACCORDANCE WITH § 8-1808.1(B) OF THIS TITLE SUBTITLE AND
COMAR 27.01.02.06.
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- 4481 -
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