Ch. 546

2004 LAWS OF MARYLAND

(iii) "Project approval" does not include building permits.
8-1808.1.

(e) In (1) EXCEPT AS AUTHORIZED UNDER PARAGRAPH (2) OF THIS
SUBSECTION, IN calculating the 1-in-20 acre density of development that is
permitted on a parcel located within the resource conservation area, a local
jurisdiction [may]:

(1) (I) SHALL COUNT EACH DWELLING UNIT, REGARDLESS OF THE
SIZE OF THE DWELLING UNIT, ITS LOCATION OR CONFIGURATION, OR ANY
RESTRICTIONS ON ITS OCCUPANCY; AND

(2) (II) MAY permit the area of any private wetlands located on the
property to be included, under the following conditions:

[(1)] (I) 1.         The density of development on the upland portion of the

parcel may not exceed 1 dwelling unit per 8 acres; and

[(2)] (II) 2.         The area of private wetlands shall be estimated on the

basis of vegetative information as designated on the State wetlands maps.

(2) (I) WITHIN A RESOURCE CONSERVATION AREA, A LOCAL
JURISDICTION MAY CONSIDER ONE ADDITIONAL DWELLING UNIT PER LOT OR
PARCEL AS PART OF A PRIMARY DWELLING UNIT FOR THE PURPOSE OF THE DENSITY
CALCULATION UNDER THIS SUBSECTION IF THE ADDITIONAL DWELLING UNIT:

1. A. IS LOCATED WITHIN THE PRIMARY DWELLING UNIT
OR ITS ENTIRE PERIMETER IS WITHIN 100 FEET OF THE PRIMARY DWELLING UNIT;

B.      DOES NOT EXCEED 900 SQUARE FEET IN TOTAL
ENCLOSED AREA; AND

C.       IS SERVED BY THE SAME SEWAGE DISPOSAL SYSTEM AS
THE PRIMARY DWELLING UNIT; OR

2. A. IS LOCATED WITHIN THE PRIMARY DWELLING UNIT;

B. BY ITS CONSTRUCTION, DOES NOT INCREASE THE
AMOUNT OF IMPERVIOUS SURFACE ALREADY ATTRIBUTED TO THE PRIMARY
DWELLING UNIT; AND

C. IS SERVED BY THE SAME SEWAGE DISPOSAL SYSTEM AS
THE PRIMARY DWELLING UNIT.

(II) THE PROVISIONS OF THIS PARAGRAPH MAY NOT BE
CONSTRUED TO REQUIRE A LOCAL JURISDICTION TO CONSIDER AN ADDITIONAL
DWELLING UNIT AS PART OF A PRIMARY DWELLING UNIT FOR THE PURPOSE OF THE
DENSITY CALCULATION UNDER THIS SUBSECTION.

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