Md. Code Regs. 27.01.02.06-1

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

Section 27.01.02.06-1 - Growth Allocation Submittal Requirements

A. The Commission may not accept for processing a growth allocation request unless all of the following are provided at the time of submittal:

(1) All information and documentation relevant to the local jurisdiction's determination that the project meets the standards listed under Natural Resources Article, § 8-1808.1(c)(2), Annotated Code of Maryland, and Regulation .06-3 of this chapter;

(2) All information and documentation that addresses the factors to be considered by the Commission under Natural Resources Article, § 8-1808.1(c)(4), Annotated Code of Maryland, and Regulation .06-3 of this chapter;

(3) A conceptual site development plan;

(4) An environmental features map;

(5) In accordance with Regulation .06-2 of this chapter, an environmental report that demonstrates that the project has been designed and will be constructed in compliance with all requirements of the proposed Critical Area land classification;

(6) For the following resources, as appropriate for the project site and each government agency, a preliminary review and comment from the Department of the Environment, Department of Natural Resources, Maryland Historical Trust, and U.S. Army Corps of Engineers regarding:

(a) Threatened and endangered species, and species in need of conservation;

(b) Forest interior dwelling birds and colonial nesting water birds;

(c) Anadromous fish and their propagation waters and other aquatic species located on-site;

(d) Plant and wildlife habitat and waterfowl staging and concentration areas;

(e) Submerged aquatic vegetation;

(f) Riparian forests and tidal and nontidal wetlands; and

(g) Natural heritage areas and other historical and cultural resources;

(7) A map that shows the land area where the local jurisdiction proposes a change to a Critical Area land classification; and

(8) Verification that the amount of proposed growth allocation indicated on the map submitted under §A(7) of this regulation is accurate and equal to the amount of growth allocation to be deducted from the local jurisdiction's existing total allotment of growth allocation.

B. The conceptual site development plan and environmental features map required under §A(3) and (4) of this regulation shall each include:

(1) The name of the project and its street address;

(2) Tax map information that includes, as applicable, the:

(a) Tax map number;

(b) Block number;

(c) Parcel number; and

(d) Lot number;

(3) A site plan with a scale provided at 1"=10', 1"=20', 1"=30', 1"=40', 1"=50', 1"= 60', or 1"=100';

(4) Orientation;

(5) A vicinity map with the project site clearly identified;

(6) Existing parcel and tract boundaries or lot lines;

(7) The project boundary;

(8) The limits of disturbance;

(9) A proposed development envelope;

(10) All Critical Area boundaries, including existing and proposed land classifications and the land classification of all lots or parcels adjacent to the project site;

(11) The boundaries of the 100-year floodplain;

(12) The field-run topography;

(13) Vegetative cover information by acre or square footage, including:

(a) Field determination of existing forest and developed woodland cover;

(b) Location of proposed forest and developed woodland clearing; and

(c) As applicable, location of proposed afforestation and reforestation areas;

(14) Soil features of the project and where each soil type is located;

(15) Field determination of each intermittent stream and each perennial stream;

(16) A delineation of the buffer as measured from the mean high water line of tidal waters or the landward boundary of a tidal wetland or a tributary stream;

(17) As applicable and in accordance with the requirements of COMAR 27.01.09.01E or the local program, a delineation of an expanded buffer that is necessary because of a contiguous slope of 15 percent or greater or the presence of a hydric soil, highly erodible soil, or a nontidal wetland;

(18) When converting from a resource conservation area to a limited development area or an intensely developed area, the location and extent of the 300-foot setback;

(19) Unless the Commission determines an otherwise acceptable period of time, a field-delineated location and description of the extent of a nontidal wetland that is less than 2 years old, including the 25-foot buffer from that nontidal wetland;

(20) Unless the Commission determines an otherwise acceptable period of time, a field-delineated location and description of the extent of a tidal wetland that is less than 2 years old, including the delineation of State and private tidal wetland boundaries;

(21) Identification and location of all wildlife habitat and plant habitat, including a nesting site of colonial nesting water birds, a waterfowl staging and concentration area, a riparian habitat, a habitat of forest interior dwelling birds, a locally significant habitat, and a natural heritage area;

(22) Identification and location of habitat of threatened and endangered species, and species in need of conservation;

(23) Identification and location of anadromous fish propagation waters;

(24) Location of existing and proposed area of lot coverage, including identification of a building, road, parking lot, and any other area that contributes to lot coverage;

(25) Location of any other proposed development feature, including an outlot, storm drain and outfall, utility connection, septic system, stormwater management system, shoreline stabilization measure, and pier;

(26) Location of a path or walkway, including those exempt from lot coverage requirements;

(27) Location of an existing or proposed mitigation area that is required because of an impact on forest, developed woodland, wetland, buffer, or other habitat protection area; and

(28) If applicable:

(a) The identification and location of agricultural land, a surface mining site, natural park, dredging activity, and dredge material disposal area;

(b) The boundary and area of an existing easement, the identity of the easement holder, and any restriction on development as a result of the easement.

Md. Code Regs. 27.01.02.06-1

Regulation .06-1 adopted effective 46:22 Md. R. 976, eff. 11/4/2019; amended effective 50:4 Md. R.111-172, eff. 3/6/2023