Md. Code Regs. 27.02.05.04-1

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

Section 27.02.05.04-1 - [Effective until 1/20/2025] Water-Dependent Facilities and Activities - General Criteria

An agency proposing development on State-owned land or responsible for the administration of a water-dependent facility or activity located on State-owned land:

A. In accordance with Natural Resources Article, § 8-1808.3, Annotated Code of Maryland, and COMAR 27.02.05.09, shall limit development in the buffer to the minimum lot coverage necessary to accommodate each water-dependent facility or activity;

B. Except as otherwise provided under Regulations .04 through .04-3 of this chapter, may develop a water-dependent facility or activity in the buffer if:

(1) The facility or activity is water-dependent;

(2) The facility or activity meets a recognized public need;

(3) Adverse impacts on water quality and fish, wildlife, and plant habitat are first avoided or, if unavoidable, minimized; and

(4) A nonwater-dependent project associated with the waterdependent facility or activity is located outside the buffer;

C. May not place, or approve the placement of, dredged material in the buffer or a portion of the Critical Area that has been designated as a habitat protection area, except as necessary for:

(1) A beneficial use approved by the Board of Public Works or the Department of the Environment, such as:

(a) Backfill for a shoreline stabilization measure;

(b) Use in a nonstructural shoreline stabilization measure, including a living shoreline;

(c) Beach nourishment;

(d) Restoration of an island;

(e) The creation, restoration, or enhancement of a wetland, or a fish, wildlife, or plant habitat; or

(f) Any other approved beneficial use; or

(2) Placement in an area that was approved for the disposal of channel maintenance dredged material before June 11, 1988; and

D. Shall ensure:

(1) The avoidance or, if unavoidable, the minimization of impacts to fish, wildlife, or plant habitat; and

(2) Mitigation at a ratio of 1:1 based on the square footage of the area of the canopy coverage removed.

Md. Code Regs. 27.02.05.04-1

Regulation .04-1 adopted effective 49:3 Md. R. 139, eff. 2/7/2022