Md. Code Regs. 08.08.05.08

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

Section 08.08.05.08 - Nonconforming Use Permits

A. Any use, structure, dock, or vessel which does not conform to these regulations is prohibited, unless the owner has obtained a nonconforming use permit by November 5, 1986, unless good cause for delay is shown.

B. A nonconforming use permit entitles the permittee to use the structure, dock, or vessel as provided in this regulation, and shall be obtained in addition to any other permits required under this subtitle.

C. Application. A person who desires to obtain a nonconforming use permit shall:

(1) Have applied to the lake manager on a form provided by the Department not later than November 6, 1986, unless good cause for delay is shown; and

(2) Submit evidence to the lake manager that the structure, building, dock, or vessel for which a nonconforming use permit is sought was in existence lawfully and authorized by the Department before May 5, 1986.

D. Issuance.

(1) After reviewing the application under the criteria set out in Regulation .01D of this chapter, the lake manager may deny or approve all or any part of the application.

(2) If the lake manager approves all or part of the application, the lake manager shall issue a nonconforming use permit which specifies the use allowed and states the term of the permit.

(3) The lake manager may not issue a nonconforming use permit for use which:

(a) Is otherwise illegal under State or federal laws;

(b) The lake manager finds represents a danger to the operation of the Deep Creek Lake Hydroelectric Project; and

(c) Existed before May 5, 1986, and which violated any previous regulations or permit governing the use of the buffer strip or Deep Creek Lake.

E. Fee. Upon receipt of a nonconforming use permit, the permittee shall forward to the lake manager the fee specified in the permit. This fee is in addition to any fee assessed for a buffer strip use permit. The permit shall be valid only after the lake manager receives the fee.

F. Revocation. An alteration, expansion, or change in the character or size of the buildings, structures, docks, or boats or all of these, aside from ordinary maintenance, shall result in the revocation of the permit and of the nonconforming use status resulting in the right of the Department to take action as if the use were illegal under these regulations and in accordance with COMAR 08.08.06.

Md. Code Regs. 08.08.05.08