Md. Code Regs. 27.01.10.01

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

Section 27.01.10.01 - [Effective 1/20/2025] Program Elements Required

In developing, updating, and implementing its Critical Area program, a local jurisdiction shall use all of the following general program criteria:

A. The minimum standards of the program elements set forth under Natural Resources Article, § 8-1808(c), Annotated Code of Maryland, shall be applicable;

B. In accordance with all of the following requirements, each jurisdiction shall inventory or map, or both, or identify the most recently completed inventory or map, or both, of a federal or State agency in order to monitor the natural resources and resource-based uses located within its Critical Area:

(1) The inventory shall include:

(a) Agricultural lands;

(b) Nontidal wetlands;

(c) Tidal wetlands;

(d) Forest resources;

(e) Sand and gravel resources;

(f) Tributary streams;

(g) Known habitats of threatened and endangered species, and species in need of conservation;

(h) The watersheds of anadromous fish propagation waters;

(i) Wildlife and plant habitats;

(j) Steep slopes; and

(k) Soils with development constraints; and

(2) Mapping of resources and resource-based uses listed under §B(1) of this regulation shall be at a scale that is relevant to the local jurisdiction and of sufficient detail to assess the potential impacts of proposed land use changes on the quality and quantity of local water resources and on local wildlife and plant habitats;

C. The mapping of intensely developed, limited development, and resource conservation areas shall be in accordance with Natural Resources Article, § 8-1807, Annotated Code of Maryland, and COMAR 27.01.02;

D. Each local permitting and approval process shall be coordinated so that cumulative impacts of regulated activities can be readily assessed;

E. Each local jurisdiction shall maintain records of the area of land that converts from resource conservation area to intensely developed or limited development areas and that converts from limited development areas to intensely developed areas;

F. The local program document shall, if applicable, include:

(1) A forest and woodland protection program;

(2) A mineral resources plan;

(3) An agricultural protection plan;

(4) A habitat protection area plan; and

(5) In accordance with COMAR 27.01.03, a planning process to identify suitable areas for water-dependent facilities and activities;

G. Each local jurisdiction shall review and revise local ordinances, plans, programs, and regulations that are inconsistent with the intent of the policies and criteria in this subtitle. At a minimum, and if applicable, the review and revisions shall include:

(1) Comprehensive plans;

(2) Comprehensive water and sewer plans;

(3) Comprehensive solid waste plans and any other health or environmental ordinances, plans, programs, and regulations, such as septic system placement;

(4) Capital improvements programs and capital budgets;

(5) Zoning ordinances and comprehensive zoning maps;

(6) Subdivision regulations; and

(7) Growth management ordinances;

H. The local program document shall include a statement of the local agencies involved, their responsibilities and their coordination with each other and appropriate State, federal, or private organizations;

I. Each local jurisdiction shall demonstrate that its local ordinances, plans, programs, and regulations proposed to meet the criteria in this regulation are enforceable; and

J. Each local jurisdiction shall require that all project approvals are based on findings that each project is consistent with the following goals of the Critical Area Law and Program, as stated in Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, COMAR Title 27, and any local program provision approved by the Commission:

(1) Minimize adverse impacts on water quality that result from pollutants or stormwater discharged from structures, conveyances, or surrounding lands;

(2) Conserve fish, wildlife, and plant habitats; and

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

Md. Code Regs. 27.01.10.01

Regulation .01 amended effective July 9, 2012 (39:13 Md. R. 786); amended effective 46:22 Md. R. 976, eff. 11/4/2019; amended effective 52:1 Md. R. 1-46, eff. 1/20/2025.