Md. Code Regs. 27.01.07.03

Current through Register Vol. 51, No. 21, October 18, 2024

Section 27.01.07.03 - Criteria

In developing and updating its Critical Area program, a local jurisdiction shall:

A. In conjunction with, as applicable, the Departments of Agriculture, Environment, and Natural Resources, and any other appropriate federal or State agency, develop a mineral resources plan and management program that is included in its comprehensive plan and consists of:

(1) In accordance with Land Use Article, §§ 1-411 and 3-107, Annotated Code of Maryland, the identification and mapping of the undeveloped land in the Critical Area that is best kept in its undeveloped state until the land can be used to provide or assist in providing a continuous supply of minerals;

(2) Each surface mining area that includes a habitat protection area under COMAR 27.01.09; and

(3) In accordance with COMAR 27.01.02, at each location where surface mining is, or has been, conducted, the identification of:

(a) Post-reclamation land uses that, where applicable, prioritize the establishment or re-establishment of renewable resource products, such as agriculture and forestry, and other land uses that benefit water quality and habitat, such as wetlands, habitat restoration, and open space; and

(b) Any other appropriate post-reclamation land use, such as recreation and development;

B. Designate each portion of the Critical Area that is unsuitable for surface mining and prohibit surface mining in those locations, including:

(1) In accordance with the provisions of COMAR 27.01.09, a habitat protection area;

(2) An area where highly erodible soil exists; and

(3) An area that is within 100 feet immediately landward from mean high water of tidal waters or from the edge of a bank of a tributary stream, unless:

(a) A license, permit, or other approval to conduct a specific aspect of surface mining was issued before the date of local program approval; and

(b) If expansion of the scope or size of the surface mining activity has occurred since the date of local program approval, the expansion complies with State law and local program requirements;

C. Require the reclamation of a wash pond in accordance with State law and local program requirements; and

D. Prohibit the location of a wash plant within the buffer in accordance with COMAR 27.01.09.

Md. Code Regs. 27.01.07.03

Regulation .03B amended effective October 29, 2012 (39:21 Md. R. 1380); amended effective 47:13 Md. R. 644, eff. 6/29/2020