Md. Code Regs. 27.01.02.03

Current through Register Vol. 52, No. 1, January 10, 2025

Section 27.01.02.03 - [Effective 1/20/2025] Intensely Developed Areas

A. Intensely developed areas are those areas where residential, commercial, institutional, or industrial developed land uses predominate, and where relatively little natural habitat occurs. This land classification shall have at least one of the following features:

(1) Housing density is at least four dwelling units per acre;

(2) Industrial, institutional, or commercial uses are concentrated in the area; or

(3) Public sewer and water collection and distribution systems are currently serving the area and housing density is greater than three dwelling units per acre.

B. Location of Features.

(1) Except as authorized under §B(2) of this regulation, the features in §A(1)-(3) of this regulation shall be located in an area of at least 20 adjacent acres, or that entire upland portion of the Critical Area within the boundary of a municipality, whichever is less.

(2) The features may be located in an area of less than 20 adjacent acres if:

(a) As part of a local program, the Commission has approved an alternative standard for designation of an intensely developed area; and

(b) The area is part of a growth allocation approved by the Commission.

C. In developing and updating its Critical Area program, a local jurisdiction shall follow all of these policies when addressing intensely developed areas:

(1) Improve the quality of stormwater from developed areas that enters the Chesapeake or Atlantic Coastal Bays or their tributary streams;

(2) Accommodate additional development of the type and intensity designated by the local jurisdiction if water quality is not impaired;

(3) Minimize the expansion of intensely developed areas into portions of the Critical Area designated as habitat protection areas under COMAR 27.01.09 and resource conservation areas under Regulation .05 of this chapter;

(4) Conserve and enhance fish, wildlife, and plant habitats, as identified in COMAR 27.01.09, within intensely developed areas;

(5) Minimize the adverse water quality and quantity impact of stormwater and encourage the use of retrofitting measures to address existing stormwater management problems;

(6) Cluster future development as a means to reduce lot coverage and to maximize areas of natural vegetation; and

(7) With assistance from the State, establish programs to enhance biological resources that provide positive effects on water quality and urban wildlife habitat within the Critical Area, such as urban forestry, landscaping, gardens, wetlands, and aquatic habitat restoration elements.

D. In developing and updating its Critical Area program, a local jurisdiction shall use all of the following criteria for intensely developed areas:

(1) A local jurisdiction shall develop a strategy to reduce the impacts on water quality that are generated by existing development. This shall include an assessment of water quality and impacts to biological resources prompted by community redevelopment plans and programs and may further include a public education program, the implementation of urban best management practices, and the use of such techniques as are outlined in §D(9)(a) of this regulation;

(2) Development and redevelopment shall be subject to the habitat protection area criteria prescribed in COMAR 27.01.09;

(3) A local jurisdiction shall require, at the time of development or redevelopment:

(a) Stormwater best management practices, as required by applicable State and local ordinances to minimize adverse impacts to water quality caused by stormwater;

(b) If stormwater best management practices do not reduce pollutant loadings by at least 10 percent below the level of pollution on the site prior to development or redevelopment, then the local jurisdiction shall require appropriate offsets; and

(c) Offsets may be provided either on or off site if:

(i) Water quality benefits are equivalent;

(ii) Benefits are obtained within the same watershed; and

(iii) Benefits are determined through the use of modeling, monitoring, or other computation of mitigation measures;

(4) A local jurisdiction shall prohibit the location of a road, bridge, or utility in any portion of the Critical Area designated as a habitat protection area under COMAR 27.01.09, unless there is no feasible alternative;

(5) If the location of a road, bridge, or utility in a habitat protection area is authorized under §D(4) of this regulation, a local jurisdiction shall ensure that the design, construction, and maintenance of the road, bridge, or utility:

(a) Provides maximum erosion protection;

(b) Minimizes negative impact on wildlife, aquatic life, and their habitats; and

(c) Maintains hydrologic processes and water quality;

(6) A local jurisdiction shall prohibit the location of a development activity if that development or any related activity would cross or affect a stream, unless there is no feasible alternative;

(7) If the location of a development activity is authorized under §D(6) of this regulation, a local jurisdiction shall ensure that the design and construction of the development activity:

(a) Prevents increases in flood frequency and severity that are attributable to the development;

(b) Retains tree canopy and maintains stream water temperature within a normal variation; and

(c) Provides a natural substrate for affected streambeds;

(8) Ports and industries which use water for transportation and derive economic benefits from shore access shall be located near existing port facilities. Local jurisdictions may identify other sites for planned future port facility development and use if this use will provide significant economic benefit to the State or local jurisdiction and is consistent with the provisions of COMAR 27.01.03.03-.05 and 27.01.09, and other State and federal regulations; and

(9) When the cutting or clearing of trees in forests and developed woodland areas is associated with current or planned development activities, all of the following shall be required:

(a) Establishment of programs for the enhancement of forest and developed woodland resources such as urban forestry programs, including street tree plantings, gardens, landscaping, and open land buffer plantings;

(b) Establishment by regulation that development activities shall be designed and implemented to minimize destruction of forest and woodland vegetation; and

(c) Protection for existing forests and developed woodlands identified as habitat protection areas in COMAR 27.01.09.

Md. Code Regs. 27.01.02.03

Regulation .03B amended as an emergency provision effective June 26, 2009 (36:15 Md. R. 1164); amended permanently effective September 21, 2009 (36:19 Md. R. 1438)
Regulation .03C, D amended effective February 8, 2010 (37:3 Md. R. 177); October 29, 2012 (39:21 Md. R. 1380); amended effective 52:1 Md. R. 1-46, eff. 1/20/2025.