Md. Code Regs. 27.01.02.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 27.01.02.03 - Intensely Developed Areas

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

(1) Housing density equal to or greater than 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 their Critical Area programs, local jurisdictions shall follow these policies when addressing intensely developed areas:

(1) Improve the quality of runoff 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 provided that 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, to the extent possible, within intensely developed areas;

(5) 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;

(6) If the location of a road, bridge, or utility in a habitat protection area is authorized under §C(5) of this regulation, design, construct, and maintain the road, bridge, or utility so as to:

(a) Provide maximum erosion protection;

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

(c) Maintain hydrologic processes and water quality;

(7) 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;

(8) If the location of a development activity is authorized under §C(7) of this regulation, design and construct the development activity so as to:

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

(b) Retain tree canopy and maintain stream water temperature within normal variation; and

(c) Provide a natural substrate for affected streambeds;

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

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

D. In developing their Critical Area programs, local jurisdictions shall use the following criteria for intensely developed areas:

(1) Local jurisdictions 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), below.

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

(3) Stormwater.

(a) The local jurisdiction shall require, at the time of development or redevelopment, technologies as required by applicable State and local ordinances to minimize adverse impacts to water quality caused by stormwater.

(b) In the case of redevelopment, if these technologies do not reduce pollutant loadings by at least 10 percent below the level of pollution on the site prior to redevelopment, then offsets shall be provided.

(c) In the case of new development, offsets as determined by the local jurisdiction shall be used if they reduce pollutant loadings by at least 10 percent of the predevelopment levels.

(d) Offsets may be provided either on or off site, provided that water quality benefits are equivalent, that their benefits are obtained within the same watershed, and that the benefits can be determined through the use of modeling, monitoring, or other computation of mitigation measures.

(4) Areas of public access to the shoreline, such as foot paths, scenic drives, and other public recreational facilities, should be maintained and, if possible, encouraged to be established within intensely developed areas.

(5) 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 27.01.03.03A -.05 and 27.01.09, and other State and federal regulations.

(6) Local jurisdictions shall be encouraged to establish, with assistance from the State, programs for the enhancement of biological resources within the Critical Area for their positive effects on water quality and urban wildlife habitat. These programs may include urban forestry, landscaping, gardens, wetland, and aquatic habitat restoration elements.

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

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