Md. Code Regs. 27.01.12.06

Current through Register Vol. 51, No. 12, June 14, 2024

Section 27.01.12.06 - After-the-Fact Variance Procedures

A. A local jurisdiction may not accept an application for a variance to legalize a violation of this subtitle, including an unpermitted structure or other development activity, until the local jurisdiction;

(1) Issues a notice of violation; and

(2) Assesses an administrative or civil penalty for the violation.

B. A local jurisdiction may not issue a permit, approval, variance, or special exception to legalize a violation of this subtitle unless an applicant has:

(1) Fully paid all administrative, civil, and criminal penalties imposed under Natural Resources Article, § 8-1808(c)(1)(iii) 14-15 and (2)(i), Annotated Code of Maryland;

(2) Prepared a restoration or mitigation plan, approved by the local jurisdiction, to abate impacts to water quality or natural resources as a result of the violation; and

(3) Performed the abatement measures in the approved plan in accordance with the local Critical Area program.

C. If a local jurisdiction denies the requested after-the-fact variance, then the local jurisdiction shall:

(1) Order removal or relocation of any structure; and

(2) Order restoration of the affected resources.

Md. Code Regs. 27.01.12.06

Regulations .06 adopted effective March 4, 2013 (40:4 Md. R. 347)