Md. Code Regs. 26.21.01.17

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

Section 26.21.01.17 - Setback Requirements

A. The permit area shall be not less than 25 feet measured in a horizontal plane from any property line. This 25-foot setback shall also apply to any easement or right-of-way unless written permission is obtained from the holder of the easement or right-of-way.

B. Setbacks greater than 25 feet may be required whenever the permit area is adjacent to any school, hospital, church, cemetery, river, stream, or similar area.

C. The permit area may not be less than 100 feet measured in a horizontal plane from any of the following:

(1) Any scenic and wild river or its tributaries as designated by Natural Resources Article, §§ 8-401 -8-411, Annotated Code of Maryland;

(2) Any parcel of land that has been designated an area of critical State concern as designated by the Department of State Planning in the State Development Plan under State Finance and Procurement Article, § 5-611, Annotated Code of Maryland.

D. The permit area may not be in conflict with the Chesapeake Bay Critical Area Commission Criteria under COMAR 27.01 or any locally adopted Critical Area Plan.

E. If an applicant provides sufficient justification, the Department may allow a lesser setback distance.

F. In determining the setback requirement on land located adjacent to any parcel described in §§B-D of this regulation, the Department shall evaluate the impact of the proposed operation on the fundamental character, the natural values of the area, and the technical aspects of the operation, taking into consideration:

(1) The size of the proposed operation;

(2) The proximity and geographic relation of the proposed operation;

(3) The proximity of the proposed mining operation to other man-made changes in the natural landscape;

(4) The scenic value and wilderness nature of the area;

(5) The archaeological and recreational value of the area;

(6) The effect of the proposed operation on the vegetation, land surface, and existing land uses;

(7) The generation of noise and dust by the proposed operation;

(8) The availability of technology to lessen the impact of the proposed operation;

(9) The length of time that any significant changes in the landscape caused by the proposed operation will be visible from off site; and

(10) The effectiveness of available technology to reclaim the proposed operation to a condition that is compatible with the adjacent land uses.

G. The permittee may not cause land disturbance of any type or removal of any vegetation within the setback except for the construction of approved access roads as provided for in Regulation .18 of this chapter.

Md. Code Regs. 26.21.01.17