Md. Code Regs. 08.08.05.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.08.05.01 - General Provisions

A. Scope of Permits.

(1) A permit does not constitute an interest in property or a proprietary right in the buffer strip or the lake.

(2) A person acting under a permit may not engage in any activity which interferes with the operation of the lake as a hydroelectric project or with authorized public use of the buffer strip or lake.

(3) Guests or tenants of a permittee may use the buffer strip in the same way as a permittee, unless restricted by the permittee.

(4) A buffer strip use permittee or guests or tenants may only use the buffer strip as authorized under Regulation .03 of this chapter. Other uses of the buffer strip by a buffer use permittee are prohibited unless authorized by a special permit, a development permit, or a nonconforming use permit.

B. Uses of the buffer strip not permitted for the general public are prohibited unless authorized by permit.

C. Area of Use.

(1) A permittee may use that area of the buffer strip located directly in front of the property through which the permittee claims access to the buffer strip as is determined by extending the permittee's property lines to the water's edge.

(2) In coves or other areas where an extended property line intersects with the extended lines of other permittees, causing conflicts in the areas of the buffer strip to be used by each or resulting in the denial of an adjacent permittee's access to the lake, or producing a similar anomalous result, the lake manager shall determine the area which each permittee may use by taking the total area of buffer strip affected by the anomalous condition, and dividing it equitably among the permittees, based on the amount of buffer strip frontage of each.

(3) When an adjacent landowner claims access through deeded access or participates in a common dock facility, the lake manager shall consider the deed or other instrument through which the landowner claims access, or covenants pertaining to the common dock facility when the lake manager determines the landowner's area of use.

(4) The lake manager shall designate on the permit the area of the buffer strip which the lake manager has determined may be used by a permittee.

D. Authority of Lake Manager.

(1) Permit Review.

(a) The lake manager may deny a permit application, or limit the use, location, type, or position of a facility authorized under a permit, if the lake manager determines that this action is necessary to protect public safety or welfare or to carry out the policies set forth in COMAR 08.08.01.01 a. In making a determination to grant or deny a permit, the lake manager shall consider:

(i) Public safety;

(ii) The configuration of the lake frontage;

(iii) Fluctuation of the water line;

(iv) Depth of water at the proposed site;

(v) Density of existing boat usage or other recreational uses;

(vi) Number of existing, permitted docks in the area;

(vii) Potential navigational problems;

(viii) Preservation of aquatic vegetation and wildlife in the area; and

(ix) Protection of the ecological balance of the lake.

(b) If the lake manager determines, based on the criteria stated in §C(1)(a), of this regulation, that a dock cannot be permitted under an individual buffer strip use permit, the lake manager may accept an application from adjoining landowners for a common dock facility that is consistent with the criteria stated in §C(1)(a), of this regulation. This paragraph applies only where the applicants meet all eligibility requirements under these regulations, including minimum frontage.

(2) Except as provided in §F of this regulation, within 30 days of receiving a complete application and any additional information required, the lake manager shall:

(a) Approve or disapprove the application;

(b) Notify the applicant in writing of the action taken; and

(c) State the grounds for the decision.

(3) The lake manager shall keep on file all applications received and copies of permits issued.

E. Allocations of New Slips after December 19, 1988. Except for permit applications for new transient slips assigned to restaurants and stores, all permit applications received after December 19, 1988 which request approval of new slips for new and existing facilities shall be reviewed by the lake manager in the following manner:

(1) From December 19, 1988 to August 31, 1990 the lake manager shall issue permits with not more than a total of 165 new slips. If requests for more than 165 new slips are received, the lake manager shall determine the priority of the applications in accordance with §D(1)(a) of this regulation. Applications received between:

(a) December 19, 1988 and April 1, 1989 shall be reviewed as a group and the approved applications shall represent the slip allocation for 1989.

(b) April 2, 1989 and September 1, 1989 shall be reviewed as a group between September 2, 1989 and December 1, 1989. The lake manager shall issue all permits or denials by December 31, 1989. These permits shall be the total new slip allocation for 1990.

(2) After August 31, 1990 the lake manager shall issue permits for new slips in the following sequence:

(a) Applications received between September 2, 1989 and September 1, 1990 shall be reviewed during the period of September 2, 1990 to December 1, 1990. The lake manager shall issue all permits or denials by December 31, 1990 which shall represent the 1991 new slip allocation.

(b) New slip allocations for subsequent years shall be made in the same sequence as §E(2)(a) of this regulation.

F. Permit Expiration. A permit issued under these regulations shall be valid for not longer than 1 year and shall expire:

(1) On March 31 of each year; or

(2) At the end of the term specified in the permit.

Md. Code Regs. 08.08.05.01