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S.B. 247
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VETOES
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(i) Conservation of soil, vegetation, water, fish, shellfish, and wildlife;
(2) Trapping, hunting, fishing, and catching shellfish, if otherwise
legally permitted;
(3) Exercise of riparian rights to improve land bounding on navigable
water, to preserve access to the navigable water, or to protect the shore against
erosion;
(4) Reclamation of fast land owned by a natural person and lost during
the person's ownership of the land by erosion or avulsion to the extent of provable
preexisting boundaries. The right to reclaim lost fast land relates only to fast land lost
after January 1, 1972. The burden of proof that the loss occurred after this date is on
the owner of the land; and
(5) Routine maintenance and repair of existing bulkheads, provided that
there is no addition or channelward encroachment.
(B) A PERSON EXERCISING THEIR RIGHT TO MAKE IMPROVEMENTS INTO THE
WATER IN FRONT OF THE LAND TO PRESERVE THAT PERSON'S ACCESS TO THE
NAVIGABLE WATER UNDER SUBSECTION (A)(3) OF THIS SECTION MAY NOT EXTEND
THE IMPROVEMENTS MORE THAN 25 75 FEET OVER VEGETATED PRIVATE WETLANDS
IN THE ATLANTIC COASTAL BAYS CRITICAL AREA AS DEFINED UNDER TITLE 8,
SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE.
(C) (1) A PERSON IN THE ATLANTIC COASTAL BAYS CRITICAL AREA MAY
EXTEND IMPROVEMENTS MORE THAN 75 FEET OVER STATE PRIVATE WETLANDS
PURSUANT TO A PLAN SUBMITTED BY A LOCAL JURISDICTION AND APPROVED BY
THE DEPARTMENT AND THE CRITICAL AREA COMMISSION FOR THE CHESAPEAKE
AND ATLANTIC COASTAL BAYS.
(2) ANY PLAN APPROVED UNDER PARAGRAPH (1) OF THIS SUBSECTION
SHALL INCLUDE CRITERIA FOR THE PROTECTION OF WATER QUALITY AND FISH,
WILDLIFE. AND PLANT HABITATS AND SHALL COMPREHENSIVELY ADDRESS THE USE
AND CONSTRUCTION OF PRIVATE AND COMMUNITY PIERS IN THE LOCAL
JURISDICTION.
(3) THE DEPARTMENT SHALL ASSIST A LOCAL JURISDICTION IN THE
PREPARATION OF THE PLAN REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) (1) Except as provided in subsection (b) of this section, this Act may not be
construed to apply to the initial development of a planned unit development, as defined
in § 5-1601 of the Natural Resources Article, and including a residential planned
community:
(i) for which the following are issued prior to June 1, 2002:
1. a valid Step III approval in accordance with the current
Worcester County Zoning and Subdivision Control Ordinance; and
2. at least 3 of the following State permits:
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- 4486 -
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