ROBERT L. EHRLICH, JR., Governor

Ch. 526

(13) (XIII) Except as provided in subsection (d) of this section, provisions
for granting a variance to the local jurisdiction's critical area program, in accordance
with regulations adopted by the Commission concerning variances set forth in
COMAR 27.01.11; AND

(14) (XIV) PENALTY PROVISIONS ESTABLISHING THAT, IN ADDITION TO
ANY OTHER PENALTY APPLICABLE UNDER STATE OR LOCAL LAW, A PERSON WHO
VIOLATES A PROVISION OF THIS SUBTITLE OR OF A PROGRAM IS SUBJECT TO A FINE
NOT EXCEEDING $10,000.

(2) IN DETERMINING THE AMOUNT OF THE PENALTY TO BE ASSESSED
UNDER PARAGRAPH (1)(XIV) OF THIS SUBSECTION, A LOCAL JURISDICTION MAY
CONSIDER:

(I)      THE GRAVITY OF THE VIOLATION;

(II)     ANY WILLFULNESS OR NEGLIGENCE INVOLVED IN THE
VIOLATION; AND

(III)   THE ENVIRONMENTAL IMPACT OF THE VIOLATION.

(d) (1) IN THIS SUBSECTION, "UNWARRANTED HARDSHIP" MEANS THAT,
WITHOUT A VARIANCE, AN APPLICANT WOULD BE DENIED REASONABLE AND
SIGNIFICANT USE OF THE ENTIRE PARCEL OR LOT FOR WHICH THE VARIANCE IS
REQUESTED.

(2)      (I) IN CONSIDERING AN APPLICATION FOR A VARIANCE, A LOCAL
JURISDICTION SHALL PRESUME THAT ANY NEW THE SPECIFIC DEVELOPMENT
ACTIVITY IN THE CRITICAL AREA THAT IS SUBJECT TO THE APPLICATION AND FOR
WHICH A VARIANCE IS REQUIRED DOES NOT CONFORM WITH THE LOCAL PROGRAM
GENERAL PURPOSE AND INTENT OF THIS SUBTITLE, REGULATIONS ADOPTED UNDER
THIS SUBTITLE, AND THE REQUIREMENTS OF THE LOCAL JURISDICTION'S PROGRAM.

(II) IF THE VARIANCE REQUEST IS BASED ON CONDITIONS OR
CIRCUMSTANCES THAT ARE THE RESULT OF ACTIONS BY THE APPLICANT,
INCLUDING THE COMMENCEMENT OF DEVELOPMENT ACTIVITY BEFORE AN
APPLICATION FOR A VARIANCE HAS BEEN FILED, A LOCAL JURISDICTION MAY
CONSIDER THAT FACT.

(3)      (I) AN APPLICANT HAS THE BURDEN OF PROOF AND THE BURDEN
OF PERSUASION TO OVERCOME THE PRESUMPTION ESTABLISHED UNDER
PARAGRAPH (2)(I) OF THIS SUBSECTION.

(II) 1. BASED ON COMPETENT AND SUBSTANTIAL EVIDENCE, A
LOCAL JURISDICTION SHALL MAKE WRITTEN FINDINGS AS TO WHETHER THE
APPLICANT HAS OVERCOME THE PRESUMPTION ESTABLISHED UNDER PARAGRAPH
(2)(I) OF THIS SUBSECTION.

2. WITH DUE REGARD FOR THE PERSON'S EXPERIENCE,
TECHNICAL COMPETENCE, AND SPECIALIZED KNOWLEDGE, THE WRITTEN FINDINGS
MAY BE BASED ON EVIDENCE INTRODUCED AND TESTIMONY PRESENTED BY:

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