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Session Laws, 2004
Volume 801, Page 2852   View pdf image
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S.B. 694

VETOES

(4) (IV) Provisions requiring that project approvals shall be based on
findings that projects are consistent with the standards stated in subsection (b) of this
section;

(5) (V) Provisions to limit the amount of land covered by buildings,
roads, parking lots, or other impervious surfaces, and to require or encourage cluster
development, where necessary or appropriate;

(6) (VI) Establishment of buffer areas along shorelines within which
agriculture will be permitted only if best management practices are used, provided
that structures or any other use of land which is necessary for adjacent agriculture
shall also be permitted in any buffer area;

(7) (VII) Requirements for minimum setbacks for structures and septic
fields along shorelines, INCLUDING THE ESTABLISHMENT OF A MINIMUM BUFFER
LANDWARD FROM THE MEAN HIGH WATER LINE OF TIDAL WATERS, TRIBUTARY
STREAMS, AND TIDAL WETLANDS;

(8) (VIII) Designation of shoreline areas, if any, that are suitable for
parks, hiking, biking, wildlife refuges, scenic drives, public access or assembly, and
water-related recreation such as boat slips, piers, and beaches;

(9) (IX) Designation of shoreline areas, if any, that are suitable for
ports, marinas, and industries that use water for transportation or derive economic
benefits from shore access;

(10) (X) Provisions requiring that all harvesting of timber in the
Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area be in
accordance with plans approved by the district forestry board;

(11) (XI) Provisions establishing that the controls in a program which are
designed to prevent runoff of pollutants will not be required on sites where the
topography prevents runoff from directly or indirectly reaching tidal waters;

(12)   (XII) Provisions for reasonable accommodations in policies or
procedures when the accommodations are necessary to avoid discrimination on the
basis of physical disability, including provisions that authorize a local jurisdiction to
require removal of a structure that was installed or built to accommodate a physical
disability and require restoration when the accommodation permitted by this
paragraph is no longer necessary; [and]

(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.

- 2852 -

 

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Session Laws, 2004
Volume 801, Page 2852   View pdf image
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