Md. Code Regs. 26.24.04.03

Current through Register Vol. 51, No. 9, May 3, 2024

Section 26.24.04.03 - Marinas

A. In addition to the requirements of COMAR 26.24.02.02 o, an applicant for a new marina or marina expansion is required to submit the following information at the time of application:

(1) An alternatives analysis, including the alternative of no action, with the potential impacts on water quality, tidal wetland values, and aquatic habitat discussed for each alternative for:

(a) Marina location;

(b) Construction methods;

(c) Configuration of project components;

(d) Dimensions; and

(e) Related facilities;

(2) A bathymetric survey of the proposed marina site;

(3) A description of the marina facility, including the number of slips, breakwaters, or jetties;

(4) A description of:

(a) Marina support facilities including:

(i) Parking;

(ii) Storm water management facilities;

(iii) Concessions;

(iv) Boat sales;

(v) Boat repair;

(vi) Hauling;

(vii) Dry storage;

(viii) Sewage pumpout facilities;

(ix) Utilities;

(x) Swimming pools;

(xi) Restaurants; and

(xii) Lodging facilities; and

(b) Techniques to minimize the adverse environmental impacts of the facilities in §A(4)(a) of this regulation;

(5) A description of the impact of the marina on State or federal navigation channels located within 3,000 feet of the project;

(6) A description of the existing site characteristics, including water quality in the project area;

(7) Location of materials such as submerged cables, piles, pipelines, or debris to be removed during construction, as well as measures for disposal;

(8) Location of boat repair, cleaning, wet and dry storage facilities, fueling facilities, and other boat service facilities;

(9) The location of the areas in which antifouling compounds for boat bottom painting, waste oil, washwater, and other pollutants are used;

(10) A description and plan of the method proposed to manage water quality associated with storm water runoff; and

(11) A flushing study for basins dredged into upland.

B. If the proposed new marina or marina expansion includes dredging and dredge disposal, the information requirements and design guidelines in COMAR 26.24.03.02 o -.05 shall be met.

C. Based on project size and scope, environmental sensitivity of the project site, and potential adverse impacts to tidal wetlands, the Department may, with notice to the applicant by telephone, letter, or meeting, require information in addition to §§A and B of this regulation. The Department recommends that an applicant consult with the Department before developing and submitting the following information:

(1) The predicted short-term and long-term direct and indirect impacts on water quality, tidal wetland values, and aquatic habitat;

(2) Increased noise levels, boat wakes, pollutant loading, and other project-related impacts;

(3) Possible interference with water currents and impacts on littoral drift, sediment deposition, and shoaling;

(4) Impacts on water circulation and flushing within the project area;

(5) Other alterations of tidal wetlands and the impact on biological productivity;

(6) Schedules, monitoring programs, or other provisions to be used during construction, operation, and maintenance to reduce or avoid adverse environmental impacts and to keep erosion, turbidity, and siltation at the lowest possible levels;

(7) Special provisions to be used to enhance the environment;

(8) The long-term public gain expected from the project such as:

(a) Employment;

(b) Tax yields;

(c) Reduction of existing pollution; and

(d) Enhancement of public access to the water;

(9) Estimated frequency of maintenance dredging, the volume of materials to be dredged over the life of the project, and site or sites to be used for disposal of these materials;

(10) A description of how the speed, numbers, and directional movements of boat traffic will:

(a) Be controlled in and out of the marina;

(b) Impact commercial navigation; and

(c) Impact boats kept at the proposed marina facility, with the techniques to minimize the adverse impact of boat wakes on the proposed facility being addressed; and

(11) A plan to minimize oil spillage into the basin and to identify contingencies for oil spill containment and removal.

D. Pumpout Facilities.

(1) A person may not construct additional slips at an existing property that would result in a total capacity of more than ten slips or construct a new marina with more than ten slips unless:

(a) The marina has a wastewater collection and treatment system that is adequate to handle any existing and proposed flows and is approved by the local health department;

(b) There is a pumpout station on-site that is adequate to handle the increased sewage capacity from vessels that use the marina and that is operable and accessible at reasonable times; or

(c) The marina has a contract with a pumpout facility that is:

(i) Located not more than 2 miles from the marina;

(ii) Adequate to handle the increased sewage capacity from vessels that use the marina, as determined by the local health department; and

(iii) Operable and accessible at reasonable times.

(2) Wastewater collection and treatment facilities may be required, in consultation with the Department, if the marina:

(a) Has a capacity of more than 25 slips;

(b) Has a capacity of ten or more slips that are designed to accommodate boats of 25 feet or more in length; and

(c) Is located off the main stem of the major river tributaries of the Chesapeake Bay and coastal bays or in sensitive areas identified for no pollutant discharge by the State.

E. Vessel Mooring Facilities. The placement of buoys, group mooring buoys, and other apparatus used to secure, berth, or moor vessels in the waters of the State shall conform to the requirements of COMAR 08.04.13.

F. Marina Management Plan. The location of all new marinas or expansion of an existing marina shall be consistent with a marina management plan, if any, that has been approved by the local government. If there is a conflict between a local marina management plan and this subtitle, the more stringent regulation takes priority.

G. Marina Siting Guidelines.

(1) New marina development and the expansion of existing marinas shall be located:

(a) To avoid and minimize impacts to tidal wetlands and other aquatic resources; and

(b) On waterways with strong flushing characterized by:

(i) A bottom which slopes from headwaters to mouth without sumps or other features which inhibit complete water exchange;

(ii) The waterway has an unconstricted entrance; and

(iii) The waterway has few branches, coves, and other features which inhibit complete mixing.

(2) New marina development and expansion of existing marinas may not be located in areas where:

(a) The natural depth is 4.5 feet or less at mean low water unless the marina basin is excavated from upland; and

(b) Their presence would adversely impact submerged aquatic vegetation, productive macroinvertebrate communities, shellfish beds, fish spawning or nursery areas, rare, threatened, or endangered species, or species in need of conservation, or historic waterfowl staging areas.

(3) Expansion of existing marinas is favored over development of new marinas.

Md. Code Regs. 26.24.04.03

Regulations .03 were recodified from Regulations .12, .14, .16, and .17, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996