Ch. 526                                    2004 LAWS OF MARYLAND

A.       THE APPLICANT;

B.  THE LOCAL JURISDICTION OR ANY OTHER GOVERNMENT
AGENCY; OR

C.  ANY OTHER PERSON DEEMED APPROPRIATE BY THE
LOCAL JURISDICTION.

(4) A variance to a local jurisdiction's critical area program may not be
granted unless:

(i) Due to special features of a site, or special conditions or
circumstances peculiar to the applicant's land or structure, a literal enforcement of
the critical area program would result in unwarranted hardship to the applicant;

(ii) The local jurisdiction finds that the applicant has satisfied each
one of the variance provisions; and

(iii) Without the variance, the applicant would be deprived of a use
of land or a structure permitted to others in accordance with the provisions of the
critical area program.

[(2) In considering an application for a variance, a local jurisdiction shall
consider the reasonable use of the entire parcel or lot for which the variance is
requested.

(3)] (5) This subsection does not apply to building permits or activities
that comply with a buffer exemption plan or buffer management plan of a local
jurisdiction which has been approved by the Commission.

(e)     (1) The Commission shall adopt by regulation on or before December 1,
1985 criteria for program development and approval, which are necessary or
appropriate to achieve the standards stated in subsection (b) of this section. Prior to
developing its criteria and also prior to adopting its criteria, the Commission shall
hold at least 6 regional public hearings, 1 in each of the following areas:

(i)     Harford, Cecil, and Kent counties;

(ii)    Queen Anne's, Talbot, and Caroline counties;

(iii)   Dorchester, Somerset, and Wicomico counties;

(iv)    Baltimore City and Baltimore County;

(v)     Charles, Calvert, and St. Mary's counties; and

(vi)   Anne Arundel and Prince George's counties.

(2) During the hearing process, the Commission shall consult with each
affected local jurisdiction.

(f)      Nothing in this section shall impede or prevent the dredging of any
waterway in a critical area. However, dredging in a critical area is subject to other
applicable federal and State laws and regulations.

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