|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2007 Laws of Maryland
|
|
|
|
|
|
Ch. 221
|
|
|
|
|
|
|
|
|
|
|
|
|
|
this Act; and generally relating to applications for variances in the Chesapeake
Bay and Atlantic Coastal Bays Critical Area Program.
BY repealing and reenacting, with amendments,
Article — Natural Resources
Section 8-1808(d)
Annotated Code of Maryland
(2000 Replacement Volume and 2006 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
8-1808.
(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 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 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:
|
|
|
|
|
|
|
|
|
|
- 1596 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
