Md. Code Regs. 27.01.11.06

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

Section 27.01.11.06 - Process for Approval of an Updated Critical Area Map

A. Upon completion of a local jurisdiction's review of a working draft map, including its proposed critical area classifications for all areas newly included in the Critical Area, the Department and the Commission shall incorporate all necessary revisions and prepare a summary draft map for the local jurisdiction.

B. The Department and the Commission shall deliver to the local jurisdiction a summary draft map of that jurisdiction's Critical Area that:

(1) Identifies the shoreline and landward boundary of tidal wetlands by use of the most recent aerial imagery or the best available aerial imagery of comparable scale; and

(2) Ensures that the 1,000-foot Critical Area boundary is accurate to a scale of 1 inch equals 100 feet.

C. Except as authorized under §D of this regulation, within 24 months of the date of delivery of the summary draft map under §A of this regulation, a local jurisdiction shall complete the process of local approval.

D. The initial map update of a local jurisdiction's Critical Area map may occur in coordination with the local jurisdiction's 6-year comprehensive review process, as required under Natural Resources Article, § 8-1809(g), Annotated Code of Maryland, if the local jurisdiction provides evidence satisfactory to the Commission that reasonable progress has been made toward approval of its summary draft map.

E. Upon receipt of a summary draft map under §B of this regulation, a local jurisdiction shall:

(1) Provide public notice of its review of the final draft for approval;

(2) Hold at least one public hearing;

(3) Provide a reasonable public comment period; and

(4) Review and approve the summary draft map in accordance with local procedures for map amendments.

F. Upon the completion of all public hearings and the comment period, the local jurisdiction shall amend its local Critical Area program by approving all elements of the summary draft map, including;

(1) The shoreline and landward boundary of tidal wetlands;

(2) The digitally generated and georeferenced Critical Area 1,000-foot boundary line which may be adjusted in accordance with Regulation .04 F of this chapter; and

(3) In accordance with Regulation .05 of this chapter, Critical Area classifications of all areas newly included in the Critical Area.

G. Upon completion of the approval process under this regulation, the local jurisdiction shall forward its locally approved map to the Commission for final approval.

H. In accordance with Natural Resources Article, §§ 8-1807 and 8-1809, Annotated Code of Maryland, when the Commission approves the locally approved map:

(1) It becomes the final approved map; and

(2) The final approved map shall be the officially designated map of the Critical Area for that local jurisdiction.

I. The local jurisdiction shall adopt the final approved map by incorporating it into its Critical Area program in accordance with its process for adoption of local law.

Md. Code Regs. 27.01.11.06

Regulations .06 under Chapter, Directives for Updating Critical Area Maps adopted effective July 9, 2012 (39:13 Md. R. 786)