Md. Code Regs. 27.01.13.06

Current through Register Vol. 51, No. 18, September 6, 2024

Section 27.01.13.06 - Criteria for a Small-Scale Renewable Energy System

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 for a small-scale renewable energy system on a pier located on State or private wetlands within the Critical Area if the project:

A. Is permitted as a secondary or accessory use on a pier that is authorized under Environment Article, Title 16, Annotated Code of Maryland;

B. Is located in:

(1) The Critical Area; or

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

C. Is approved by the local planning and zoning authorities; and

D. Involves the installation or placement of:

(1) A solar energy system attached to:

(a) A pier, if the device or equipment associated with that system does not extend more than 4 feet above or 18 inches below the deck of the pier or more than 1 foot beyond the length or width of the pier;

(b) A piling, if there is only one solar panel per boat slip; or

(c) A boathouse roof, if the device or equipment associated with that system does not extend beyond the length, width, or height of the boathouse roof;

(2) A closed-loop geothermal heat exchanger under a pier, if the geothermal heat exchanger or any associated devices or equipment do not:

(a) Extend beyond the length, width, or channelward encroachment of the pier;

(b) Deleteriously alter longshore drift; or

(c) Cause significant individual or cumulative thermal impacts to aquatic resources; or

(3) A wind energy system attached to a pier, if there is only one wind energy system per pier for which:

(a) The height from the deck of the pier to the blade extended at its highest point is up to 12 feet;

(b) The rotor diameter of the wind turbine is up to 4 feet; and

(c) The setbacks of the wind energy system from the nearest property line and from the channelward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point.

Md. Code Regs. 27.01.13.06

Regulation .06 adopted effective 45:5 Md. R. 289, eff. 3/12/2018