Md. Code Regs. 27.01.13.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 27.01.13.05 - Criteria for a Commercial Nonwater-Dependent Project

Subject to the requirements established under Regulation .04 of this chapter, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project located on State or private wetlands within the Critical Area if the project:

A. Involves a commercial activity that:

(1) Is permitted as a secondary or accessory use to a permitted primary commercial use;

(2) Is not located on a pier that is attached to residentially, institutionally, or industrially used property;

(3) Is located in:

(a) An intensely developed area; or

(b) An area that has been excluded from a local Critical Area program, if the exclusion has been approved by the Commission;

(4) Is approved by the local planning and zoning authorities;

(5) Allows or enhances public access to State wetlands, if applicable;

(6) Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;

(7) Has a height of up to 18 feet, unless the project is located at a marina; and

(8) Is up to 1,000 square feet in total area; or

B. Is located on a pier that was in existence on or before December 31, 2012, and the project:

(1) Satisfies all of the requirements under §A(1) - (7) of this regulation; and

(2) If applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area.

Md. Code Regs. 27.01.13.05

Regulation .05 adopted effective 45:5 Md. R. 289, eff. 3/12/2018