ROBERT L. EHRLICH, JR., Governor S.B. 694
vetoed Senate Bill 694 - Chesapeake and Atlantic Coastal Bays Critical Area
Protection Program - Miscellaneous Enforcement Provisions.
This bill requires a local jurisdiction to make a specified presumption when
considering a variance application under the Chesapeake and Atlantic Coastal Bays
Critical Area Protection Program; establishes the burdens of proof and persuasion in
a variance application; requires a local jurisdiction to make findings and authorizes
the findings to be based on specified evidence and testimony; and requires a local
jurisdiction's program to include buffer requirements and specified penalty
provisions.
House Bill 1009, which was passed by the General Assembly and signed by me on
May 26, 2004, accomplishes the same purpose. Therefore, it is not necessary for me to
sign Senate Bill 694.
Very truly yours,
Robert L. Ehrlich, Jr.
Governor
Senate Bill No. 694
AN ACT concerning
Chesapeake and Atlantic Coastal Bays Critical Area Protection Program -
Miscellaneous Enforcement Provisions
FOR the purpose of requiring a local jurisdiction to make a certain presumption when
considering a variance application under the Chesapeake and Atlantic Coastal
Bays Critical Area Protection Program; establishing certain burdens of proof
and persuasion in an application for a certain variance; requiring a local
jurisdiction to make certain findings and authorizing the findings to be based on
certain evidence and testimony; authorizing a local jurisdiction to consider
certain facts when making certain findings; requiring a local jurisdiction's
critical area program to include certain buffer requirements and penalty
provisions; authorizing a local jurisdiction to consider certain factors in
determining the amount of a certain penalty; authorizing a local jurisdiction
under certain circumstances to request certain enforcement assistance from the
Chairman of the Chesapeake and Atlantic Coastal Bays Critical Area
Commission or the Attorney General; declaring and clarifying certain findings of
the General Assembly; altering the application of a certain defined term;
providing for the application of this Act; and generally relating to the
enforcement of the Chesapeake and Atlantic Coastal Bays Critical Area
Protection Program.
BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 8-1801, 8-1802(a), 8-1808, 8-1808.5(a), 8-1815, and 8-1815.1
Annotated Code of Maryland
(2000 Replacement Volume and 2003 Supplement)
- 2845 -
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