Md. Code Regs. 27.01.02.08

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

Section 27.01.02.08 - Lot Consolidation and Reconfiguration

A. Definition.

(1) In this regulation, the following term has the meaning indicated.

(2) Defined Term-Conforming.

(a) "Conforming" means a parcel or lot that meets all Critical Area requirements.

(b) "Conforming" does not include a parcel or lot:

(i) For which a Critical Area variance is sought or has been issued; or

(ii) That is in the Resource Conservation Area and is less than 20 acres.

B. Applicability.

(1) Except as provided under §C of this regulation, and notwithstanding the location of the affected parcels or lots in a modified buffer area, the provisions of this regulation shall apply to a consolidation or reconfiguration of:

(a) In the Chesapeake Bay Critical Area:

(i) Any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985;

(ii) Land that was subdivided into recorded, legally buildable lots, if the subdivision received the local jurisdiction's final approval before June 1, 1984; and

(iii) Land that was subdivided into recorded, legally buildable lots, if the subdivision received the local jurisdiction's final approval after December 1, 1985, but not later than the date of the jurisdiction's program approval; and

(b) In the Atlantic Coastal Bays Critical Area:

(i) Any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of June 1, 2002; and

(ii) Land that was subdivided into recorded legally buildable lots, if the subdivision received the local jurisdiction's final approval before June 1, 2002.

(2) The provisions of this regulation do not apply to a conforming parcel or lot.

C. A local jurisdiction may adopt alternative procedures and requirements for the consolidation or reconfiguration of legal parcels of land or recorded, legally buildable lots listed under §B of this regulation if:

(1) The alternative procedures and requirements are at least as effective as the Critical Area program under Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, regulations adopted under the authority of that subtitle, and any additional requirements of the local program; and

(2) The Commission has approved those alternative procedures and requirements.

D. A local jurisdiction shall include in its local Critical Area program specific, written procedures and requirements for the consolidation and reconfiguration of any legal parcels of land and recorded, legally buildable lots that demonstrate how the proposed consolidation or reconfiguration:

(1) Will, to the extent possible:

(a) Minimize adverse impacts to water quality;

(b) Conserve or create additional or enhanced fish, wildlife, and plant habitat; and

(c) Establish land use policies for development activities in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which accommodate growth and address the fact that, even if pollution is controlled, the number, movement, and activities of persons in that area can create adverse environmental impacts; and

(2) Will not increase or intensify development activities or human activities in the buffer or any other habitat protection area when compared with those activities that would result from the parcel or lot configuration in existence at the time of application for consolidation or reconfiguration.

E. An application to a local jurisdiction for the consolidation or reconfiguration of any legal parcels of land or recorded, legally buildable lots shall contain at least the following information:

(1) The date of recordation of each legal parcel of land or recorded, legally buildable lot to be consolidated or reconfigured;

(2) A plan drawn to scale in accordance with local procedures;

(3) A plan that shows all existing and proposed parcel or lot boundaries;

(4) A table that lists the number of all legal parcels of land or recorded, legally buildable lots and the number of proposed parcels or lots to be derived; and

(5) Information sufficient for the local jurisdiction to make the findings set forth in §F of this regulation.

F. A local jurisdiction may not approve a proposed parcel or lot consolidation or reconfiguration unless the local jurisdiction makes written findings that:

(1) The proposed consolidation or reconfiguration will not result in a greater number of parcels, lots, or dwelling units in the Critical Area than the configuration in existence at the time of application would allow;

(2) In the limited development area or resource conservation area, the proposed consolidation or reconfiguration:

(a) Will not result in greater lot coverage than development activities within the configuration in existence at the time of application would allow; and

(b) Will not result in greater impact to a steep slope than development activities within the lot configuration in existence at the time of application would allow, if that steep slope is located outside the buffer or expanded buffer;

(3) The proposed consolidation or reconfiguration will not:

(a) Create an additional riparian parcel or lot, waterfront lot, or any other parcel or lot deeded with water access; or

(b) Intensify or increase impacts associated with riparian access;

(4) The proposed consolidation or reconfiguration will not create:

(a) A parcel, lot, or portion of a parcel or lot that will serve development activities outside the Critical Area; or

(b) A resource conservation area parcel or lot that will serve development activities in the intensely developed area or limited development area;

(5) The proposed consolidation or reconfiguration identifies each habitat protection area on site, and, if the proposal impacts a habitat protection area, the proposed protective and restoration measures provide for the least possible adverse impact;

(6) The proposed consolidation or reconfiguration:

(a) Will not result in a greater impact to a habitat protection area than the impact that would result from development activities within the configuration in existence at the time of application; and

(b) Will minimize adverse impacts to the habitat protection area;

(7) The proposed consolidation or reconfiguration provides:

(a) Stormwater management for all proposed development activities; and

(b) Benefits to fish, wildlife, and plant habitat that are clearly identified; and

(8) The proposed consolidation or reconfiguration fully complies with the afforestation and reforestation requirements in COMAR 27.01.05 and 27.01.09, unless clearing is necessary to avoid a habitat protection area.

G. Final Written Decision or Order.

(1) A local jurisdiction shall issue a final written decision or order granting or denying an application for a consolidation, reconfiguration, or a modification or reconsideration of a consolidation or reconfiguration.

(2) After a final written decision or order is issued, the local jurisdiction shall send a copy of the decision or order and, if applicable, the approved development plan within 10 business days by U.S. mail to the Commission's business address.

H. Appeal.

(1) The time period during which the Commission may file an appeal or a petition for judicial review begins on the date of the Commission's receipt of the final written decision or order.

(2) Unless a local ordinance or other local legal authority specifies a time period greater than 30 days, the Commission may file an appeal or a petition for judicial review within 30 days of the date of the Commission's receipt of the final decision or order.

I. A local jurisdiction may not issue a permit or approval of any type on a property affected by the final written decision or order until after the expiration of the time within which the Commission may file an appeal or a petition for judicial review.

Md. Code Regs. 27.01.02.08

Regulation .08 adopted effective August 10, 2009 (36:16 Md. R. 1251)
Regulation .08 amended effective September 6, 2010 (37:18 Md. R. 1215)
Regulation .08B amended effective October 29, 2012 (39:21 Md. R. 1380)