Md. Code Regs. 26.24.04.02

Current through Register Vol. 51, No. 10, May 17, 2024

Section 26.24.04.02 - Piers and Boathouses

A. Exemptions. Private noncommercial piers, boat hoists or lifts, mooring piles, and osprey poles that meet all of the following criteria are exempt from the requirement to obtain a license from the Board of Public Works or a license or permit from the Department under this subtitle:

(1) Only one pier per property;

(2) The width of the main section of the pier may not be greater than 6 feet;

(3) Fixed or floating platforms, including Ts, Ls, and step-down platforms may not:

(a) Exceed 200 square feet in area including the segment of the main pier section to which the platform is attached;

(b) Be located over vegetated tidal wetlands, including submerged aquatic vegetation; and

(c) Be constructed on the landward 50 percent of the main pier section, except in canals and similar narrow water bodies as considered appropriate by the Department.

(4) The project may not include more than six mooring piles or create more than four boat slips;

(5) The project may not include more than two osprey poles per property;

(6) A maximum of two, 3-foot wide finger piers not exceeding 50 percent of the proposed slip length may be constructed on the landward side of the end of a private pier;

(7) The project shall meet the minimum extended property line setback requirements established by the local jurisdiction in which the activity is proposed;

(8) The project may not be constructed in a location that will impede navigation or block ingress to and egress from adjoining properties;

(9) The project may not obstruct the flow of the tide;

(10) The pier may not extend within 100 feet of a ski course approved by the Department;

(11) The pier may not extend more than 100 feet channelward of the tidal wetlands boundary line, or a distance of 25 percent of the width of the waterway, whichever is less;

(12) Piers over vegetated tidal wetlands shall be constructed a minimum of 3 feet above the wetlands; and

(13) The owner or owner's agent shall notify the Department on a form provided by the Department within 10 days before construction of the pier or any auxiliary structure.

B. Pier Criteria.

(1) The Department may issue, deny, modify, or condition a license in accordance with COMAR 26.24.01.03 o for the construction of fixed or floating piers, decks, walkways, and related structures. The Department may not issue a license for a fixed or floating pier, deck, walkway, or related structure which adversely affects shallow water habitat, submerged aquatic vegetation, shellfish, or vegetated tidal wetlands. The Department shall use all the criteria in §B(2)-(4) of this regulation in making final decisions on fixed or floating piers, decks, walkways, or other related structures not exempted in COMAR 26.24.02.01 o C(7) and §A of this regulation.

(2) Private Noncommercial Piers.

(a) The main section of a pier may not be wider than 6 feet.

(b) A pier shall meet the minimum extended property line set-back requirements established by the local jurisdiction in which the activity is proposed.

(c) A pier may not:

(i) Be constructed in a location that will impede navigation or block ingress and egress to adjoining properties;

(ii) Obstruct the flow of the tide;

(iii) Extend within 100 feet of a ski course approved by the Department;

(iv) Extend more than 25 percent across a waterway unless it is determined by the Department that the pier will not adversely affect navigation, recreation, aesthetics, or the biological character of the area; or

(v) Include more than six mooring piles, four boat lifts or hoists, or four boat slips.

(d) Piers over vegetated tidal wetlands shall be constructed a minimum of 3 feet above the wetland substrate.

(3) Private, Noncommercial Pier Platforms. The total area of fixed or floating platforms such as Ts and Ls, and step-down platforms:

(a) Shall include the segment of the main pier section to which the platform is attached and may not exceed 200 square feet;

(b) May not be located over vegetated tidal wetlands, including submerged aquatic vegetation; and

(c) May not be constructed on the landward 50 percent of the main pier except in canals and other similar narrow water bodies as deemed appropriate by the Department.

(4) Private, Noncommercial Finger Piers. Two, 3-foot wide finger piers may be constructed on the landward side of the end of the main pier. Finger piers may be constructed in addition to other fixed or floating platforms and may not be included in calculating the area for purposes of the exemption in §A(3) of this regulation.

C. Boathouses.

(1) Routine repair and maintenance of existing boathouses is exempt under COMAR 26.24.02.01 o C(5) if there is no increase in width, length, height, or channelward encroachment.

(2) Except at commercial marinas, a person may not construct a new boathouse in or over State or private wetlands.

D. Appeals. A person aggrieved by a final decision of the Administration may appeal the decision in accordance with COMAR 26.24.02.08 o.

Md. Code Regs. 26.24.04.02

Regulations .02 were recodified from Regulations .12, .14, .16, and .17, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996